Nanogan Science-dba Mad Science exp 12.31.23 — Fremont City Council, October 18, 2022 (part 1 of 3)

RouteForm [2020]

CITY OF FREMONT

AGREEMENT APPROVAL ROUTING

City Council Approval – Date: ___________ Item No. (attach Co. report): _____ CAO Contract No.: ___________

Current Amount of Agreement (Dollar Amount/Value): $ __________________________________________________

Parties to Agreement: City of Fremont and
________________________________________________________________________________________

Contractor Selection - Process/Date: ____________________________________________________________ Contract Description:
________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ Additional Description [ ]
Contact Person: ____________________________ Department: _____________________ Ext: __________

COF Standard Form: Yes___ No___ Any modifications?: Yes___ No___ (must be filled in) Note: Modifications include changes to standard language and/or bonding/ insurance requirements.

If Yes, specifically identify the modifications:
________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Route for initial and final signature: Initial Date

1. Staff Contact Person/Project Mgr./Sr. Staff (if required) ______ ______

2. Division Head ______ ______

3. Purchasing (for contracts that were solicited through Purchasing, excluding PWC projects) ______ ______

4. Dept. Director *Director shall initial at this step if contract amount is over ______ ______ Director’s signature authority. Otherwise, send directly to City Attorney

5. Risk Manager ______ ______

6. City Attorney ______ ______

7. City’s Authorized Representative ______ ______

8. City Clerk receives one (1) original contract (City Clerk is the repository for all City contracts).

City Clerk Staff Initial: _____________________ Date Received by Clerk’s Office: ___________ Note: If you have a contract with a wet signature, please send the wet signature page of the contract and the original bonds to the City Attorney’s Office, which requires the original hard copy with the wet signature for verification prior to approval

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

10/12/2021 | 11:37 AM PDT
Mad Science Classes and Camps.

XX
494-4318
Nanogan Science & Services dba Mad Science of Bay Area
Recreation Dept.

RouteForm [2020]
CAO Contract No.: ___________

CITY OF FREMONT

SUPPLEMENTAL DOCUMENTS
Please attach the following documents as required.

PROOF OF SIGNATURE AUTHORITY:

BONDS:

MEMO:

INSURANCE:

ADDITIONAL DOCS (Staff Report, Previous Agreements/Amendments)

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C 1 RecSvc(2021-1)

RECREATION SERVICE AGREEMENT

NANOGAN SCIENCE & SERVICES LLC, A CALIFORNIA LIMITED

LIABILITY COMPANY DBA MAD SCIENCE OF THE BAY AREA
2021-2023

This Service Agreement (hereinafter “Agreement”) is made and entered into by and between the CITY OF FREMONT, a municipal corporation (hereinafter "City"), and

NANOGAN SCIENCE & SERVICES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY dba MAD SCIENCE OF THE BAY AREA (hereinafter "Contractor”). City and Contractor may be collectively referred to herein as the “parties.”

RECITALS

A. Contractor provided a proposal to the City to perform the services generally including:

Mad Science classes and camps instruction.

B. After negotiations, Contractor agreed to perform the services and City agreed to pay Contractor as described in this Agreement and Exhibit “A.”

C. In reliance upon representations made to the City regarding Contractor’s qualifications, the City finds that Contractor has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. SCOPE OF SERVICES. Contractor shall perform the services described in Exhibit “A,” attached hereto and incorpora ted herein by reference, in accordance with the terms and conditions contained in this Agreement.

2. TIME FOR PERFORMANCE . Time is of the essence in the performance of services under this Agreement and the timing requirements set forth herein shall be stric tly adhered to unless otherwise modified in writing in accordance with this Agreement.

3. PAYMENT.

3(A). Billing. In order to request payment, Contractor shall submit invoices to the City identifying the services performed and the charges therefor, based upon the Contractor’s billing rates and schedule (set forth on Exhibit "A,” attached hereto and incorporated herein by reference). The City shall make payments to Contractor for services which are performed in accordance with this Agreement, to the satisfaction of the City, in accordance with Exhibit "A."

3(B). “Not to Exceed” Compensation. The compensation payable to Contractor for the services identified in Exhibit “A” shall not exceed $75,000. Contractor shall not perform any services beyond the servic es identified in Exhibit “A” without prior written authorization from the City’s Authorized Representative.

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3(C). Contractor’s Failure to Perform . In the event that Contractor performs services which do not comply with the requirements of this Agreement, Contractor shall, upon receipt of written notice from the City, re -perform the services (without additional compensation to the Contractor), or reimburse the City for the damages incurred (which may be charged as an offset to Contractor’s payment).

4. AUTHORIZED REPRESENTATIVES.

4(A). Contractor’s Authorized Representative . Contractor understands that, in entering into this Agreement, the City has relied upon Contractor’s ability to perform in accordance with its representations regarding the qualification s of the Contractor (including the qualifications of its Authorized Representative, its personnel, and its subcontractors, if any) identified in Exhibit “A,” attached hereto and incorporated herein by reference. Therefore, Contractor shall not replace its Authorized Representative, or any of the personnel or subcontractors identified in Exhibit “A,” without the prior written consent of the City. All services under this Agreement shall be performed by, or under the direct supervision of, Contractor’s Authorized Representative, as identified in Exhibit “A.”

4(B). City’s Authorized Representative . For the performance of services under this Agreement, the City’s Authorized Representative : Suzanne Wolf , shall administer the Agreement unless otherwise desi gnated in writing by the City’s Authorized Representative or the City Manager.

5. RELATIONSHIP BETWEEN THE PARTIES . Contractor is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, or subcontractors, including any negligent acts or omissions. Contractor is not City’s agent, and shall have no authority to act on behalf of the City, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Contractor. Contractor is not an officer or employee of City, and Contractor shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. Contractor agrees to hold the City harmless and indemnify and defend it against all claims for taxes, workers’ compensation insurance, or employee benefits or otherwise arising out of allegations that an employer – employee relationship exists under this Agreement or by reason of or relating to the Agreement.

6. NONDISCRIMINATION. Contractor shall not discriminate against any person related to the performance under this Agreement (including any employee or applicant) because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, gender or other legally protected status. Consultant will include this requirement in any subcontract.

7. COMPLIANCE WITH LAW . Contractor shall comply with all applicable legal DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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requirements including all federal, state, and loc al laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement.

7(A). Background Checks: No person who has been convicted of a violation or attempted violation of any offense specified in Penal Code Section 11105.3 or Public Resources Code Section 5164 shall be permitted to provide services to City under this Agreement. Prior to providing any services under this Agreement, Contractor and each of its employees, agents or subcontractors who will have supervisory or disciplinary authority over minors, or direct contact with minors, must have undergone a fingerprint criminal background check through the California Department of Justice (DOJ), including the Child Abuse Index, as provided in California Penal Code 11105.3. (Pub. Res. Code Sec. 5164).

Evidence of compliance with this provision is included in Exhibit “B”.

7(A)(1). Contractor with Employees, Agents or Subs. A Contractor using an employee, agent or subcontractor to perform services under this Agreement shall, at its sole expense, conduct such DOJ fingerprint background checks. Contractor shall provide City, on an ongoing basis, a current list of all employees or other persons acting on Contractor's behalf. Contractor shall notify the City by telephone and in writing immediately upon receiving notice of any kind from the DOJ or any other source regarding the criminal background or activity of any employee, agent, or subcontractor acting on behalf of Contractor in the performance services under this Agreement.

7(A)(2). Contractor with No Employees Agents or Subs. Where the Contractor has no employees or others engaged to perform services under this Agreement, and will solely perform services under this Agreement, the City will perform the background check. Contractor authorizes CITY to conduct a criminal background check of Contractor including a DOJ fingerprint criminal background check and shall cooperate with the procedures established by City for the completion of background check. Contractor shall bear the expenses of the DOJ background check.

7(B). Tuberculosis Test:
7(B)(1). Contractor with Employees, Agents or Subs. Contractor shall not permit any employee, agent or subcontractor to provide services to City under this Agreement unless such person has been examined by a physician or other qualified medical provider and has been found to be free of communicable tuberculosis. (Pub.

Res. Code Sec. 5163.)

7(B)(2). Contractor with No Employees, Agents or Subs. Contractor shall provide a certificate (attached as Exhibit “B”) to City showing that Contractor has been examined by a physician or other qualified medical provider and has been found to be free of communicable tuberculosis. (Pub. Res. Code Sec. 5163.)

8. BUSINESS TAX. The Contractor shall apply f or and pay the business tax and DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

RECREATION SERVICE AGREEMENT

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registration tax in accordance with Fremont Municipal Code Chapter 5.05.

9. INSURANCE. Contractor shall, throughout the duration of this Agreement, maintain insurance to cover Contractor (including its agents, represen tatives, subcontractors, and employees) in connection with the performance of services under this Agreement of the types and in the coverage amounts set forth in Exhibit C entitled “Insurance Requirements”. This Agreement identifies the minimum insurance levels with which Contractor shall comply; however, the minimum insurance levels shall not relieve Contractor of any other performance responsibilities under this Agreement (including the indemnity requirements), and Contractor may carry, at its own expens e, any additional insurance it deems necessary or prudent. Concurrently with the execution of this Agreement by the Contractor, and prior to the commencement of any services, the Contractor shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the City. Contractor shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance policy required by this Agreement.

10.REPORTING DAMAGES. If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Contractor shall immediately notify the City Risk Manager’s office by telephone at 510 -284-4050, and Contractor shall promptly submit to the City’s Ris k Manag er and the City’s Authorized Representative, a written report (in a form acceptable to the City) with the following information: (a) name and address of the injured or deceased person(s), (b) name and address of witnesses, (c) name and address of Co ntractor's insurance company, and (d) a detailed description of the damage and whether any City property was involved.

11. INDEMNIFICATION. Contractor shall indemnify, hold harmless, and defend the City (including its elected officials, officers, agents a nd e mployees) from and against any and all claims, litigation, demands, damages, liabilities, costs, and expenses, including court costs, attorney’s fees, experts fees and other costs and fees of litigation or other dispute resolution proceedings (“Claims” ) resulting or arising from Consultant’s performance, or failure to perform, under this Agreement , except Claims arising out of the City’s sole negligence or willful misconduct. In addition , Contractor shall indemnify, defend, and hold City harmless from a ny Claims that may be made against City based on any contention by a third party that an employer -employee relationship exists under this Agreement.

12. TERM OF THE AGREEMENT . The term of this Agreement shall commence on the date last signed by the parties, be low, and s hall continue until completion of all services in accordance with the timing requirements set forth in Exhibit “A” and paragraph 2 of this Agreement or until December 31, 202 3. This Agreement may be terminated by the City without cause upon thirt y ( 30) day s written notice to Contractor. If the City exercises its right to terminate this Agreement in accordance with this paragraph, the City shall pay Contractor for all services satisfactorily DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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performed in accordance with this Agreement, through and including the date of termination, but not to exceed the payments according to the rates specified in Exhibit “A” or the maximum amount authorized under paragraph 3 of this Agreement.

13. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section.

Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party’s Authorized Representative, or (b) actual receipt at the a ddress designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact informati on identified in this section by providing notice to the other party.

TO: City To: Contractor
Attn: Suzanne Wolf Attn: Bhavani Kanneganti
3300 Capitol Avenue, Bldg. B Mad Science of the Bay Area Fremont, CA. 94538 48834 Kato Road, #110A
Fremont, CA 94538
(408) 368-7910
[email protected]

14. GOVERNING LAW, JURISDICTION, AND VENUE . The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

15. ASSIGNMENT AND D ELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Contractor’s duties be delegated, without the written consent of the City. Any attempt to assign or delegate this Agreement witho ut the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.

16. MODIFICATIONS. This Agreement may not be modified orally or in any manne r other than by an agreement in writing signed by both parties.

17. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

18. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the ter ms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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19. NO THIRD PARTY BENEFICIARIES. This Agreement is not intended to and shall not be construed to give any third party any interest or rights (including any third party beneficiary rights), except as otherwise expressly provided for in this agreement.

20. NEUTRAL INTERPRETATION. This Agreement represents the contributions of both parties, each of whom has had the opportunity to be represented by competent counsel. Accordingly, the rule stated in California Civil Code Section 1654 that a contract be construed against i ts drafter, s hall have no application to the interpretation of this Agreement.

21. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services des cribed herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

22. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Contractor and the City.

This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

23. COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall be deem ed to be an original. The Parties agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Any digital signature shall h ave the same legal validity and enforceability as a manually executed signature or use of a paper-based record keeping system to the fullest extent permitted by applicable law.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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IN WITNESS WHEREOF, the City and Contractor do hereby agree to the full performance of the terms set forth herein.

CITY OF FREMONT CONSULTANT
Nanogan Science & Services LLC, a
California Limited Liability Company
dba Mad Science of the Bay Area

_________________________ __________________________ By: Suzanne Wolf By: Bhavani Kanneganti
Title: Community Services Director Title: Managing Member Date: ________________________ Date: __________________________

APPROVED AS TO FORM:

________________________
By: Bronwen Lacey
Title: Senior Deputy City Attorney

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C 10/12/2021 | 10:56 AM PDT
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EXHIBIT A

SCOPE OF SERVICES

The authorized representative for this Service Agreement is Bhavani Kanneganti.

A. The Contractor shall:

a. Renew City of Fremont Business Tax (License) and pay all fees annually as mandated by City's Finance Dept. (Copy of current Fremont Business License will be provided by the CONTRACTOR along with this Service Agreement.) Fremont Business Tax (License) expires: 12/31/2021
b. Provide instruction for online and /or in-person group Mad Science camps or classes for the period beginning September 17, 2021 and ending December 31, 2023. c. If providing virtual instruction, develop virtual online programs via zoom platform, as approved by City, for online instruction offerings.
d. Ensure all Alameda County Public Health Department and California Department of Public Health guidelines are followed, including, but not limited to, all Alameda County Health Orders for in-person classes.
e. Present all changes, minimum and maximum per class size, length of session, instructional hours and promotional material to the City for review fifteen (15) days in advance of scheduled printing deadline for approval.
f. Include the City name, department name, telephone number, and website on all advertising and/or program information.
g. Review and adhere to all department guidelines, processes and protocols/procedures provided by the City specifically for Contractors offering services through the recreation division. Contractor, or representative, will in turn review all materials with their own staff responsible for Contractor’s camps and classes.

B. The City shall:

a. Publish class schedules in the City recreation schedule guide. b. Provide registration and collection of program fees from participants for each class session.
c. Provide the Contracto r wit h copies of class schedules for the period beginning September 17, 2021 and ending December 31, 2023.
d. Provide class rosters for each class offered.
e. Pay the Contractor:
i. 60% of resident fees collected per participant per session for in- person programs.
ii. 70% of the resident fees collected per participant per session for virtual/online programs.
iii. 100% of material fees collected per participant per program. Material fees will be mutually agreed upon by Contractor and City prior to the start of eac h session.
f. Payment shall be made within thirty (30) days of the last scheduled class each session.
g. Require Contractor to provide a W9 as a condition of payment.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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EXHIBIT B

DOCUMENTATION FOR FINGERPRINTING

AND TUBERCULOSIS TESTING REQUIREMENTS

Nanogan Science & Services LLC, a California Limited Liability Company dba Mad Science of the Bay Area, certifies that it has met all fingerprinting and Tuberculosis testing requirements set forth in its 2021-2023 agreement (Agreement) with the City of Fremont. No person who will provide services on behalf of Nanogan Science & Services LLC, a California Limited Liability Company dba Mad Science of the Bay Area, under the Agreement, has been convicted of a violation or attempted violation of any offense specified in Penal Code Section 11105.3 or Public Resources Code Section 5164. Nanogan Science & Services LLC, a California Limited Liability Company dba Mad Science of the Bay Area, and each of its employees, agents or subcontractors who will have supervisory or disciplinary authority over minors, or direct contact with minors, have undergone a fingerprint criminal background check through the California Department of Justice (DOJ), including the Child Abuse Index, as provided in California Penal Code 11105.3, prior to providing any services under the Agreement.

Nanogan Science & Services LLC, a California Limited Liability Company dba Mad Science of the Bay Area, further certifies that its employees, agents or subcontractors providing services to City under the Agreement have been examined by a physician or other qualified medical provider and has been found to be free of communicable tuberculosis.”

CONTRACTOR
Nanogan Science & Services LLC, a
California Limited Liability Company
dba Mad Science of the Bay Area

________________________

By: Bhavani Kanneganti
Title: Managing Member
Date: _________________________

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EXHIBIT “C”

INSURANCE REQUIREMENTS

Consultant’s performance of the services under this agreement shall not commence until Consultant shall have obtained all insurance required under this Exhibit and such insurance shall have been reviewed and approved by the Risk Manager. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.

Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for alleged injuries to persons or damages to property which may arise from or in connection with the performance of the services by the Consultant, the Consultant’s agents, representatives, employees and subcontractors.

INSURANCE COVERAGE AND LIMITS RESTRICTIONS

1. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Fremont before the City of Fremont’s own insurance or self-insurance shall be called upon to protect it as a named insured.

A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage:
a. Blanket contractual liability
b. Broad form property coverage
c. Personal injury

2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance.

4. Such other insurance coverages and limits as may be required by the City of Fremont.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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B. MINIMUM LIMITS OF INSURANCE
Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and a $2,000,000 aggregate. If Commercial General Liability insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this agreement or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $500,000 per accident for bodily injury and $100,000 per accident for property damage.

3. Employer’s Liability: Bodily Injury by Accident - $1,000,000 each accident.

Bodily Injury by Disease - $1,000,000 policy limit.

Bodily Injury by Disease - $1,000,000 each employee.

4. Such other insurance coverages and limits as may be required by the City of Fremont.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

1. Any deductibles or self-insured retentions must be declared to and approved by the City of Fremont. At the option of the City of Fremont, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Fremont, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

2. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City of Fremont.

3. The City of Fremont reserves the right to obtain a full certified copy of any insurance policy and endorsement. Failure to exercise this right shall not constitute a waiver of right to exercise later.

D. ADDITIONAL INSURED REQUIREMENTS:

1. The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions:
a. The City of Fremont, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects alleged:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Fremont, its officers, officials, employees, agents or volunteers. b. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Fremont, its officers, officials, employees, agents or volunteers.

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c. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability.
d. Consultant shall furnish properly executed Certificates of Insurance from insurance companies acceptable to the City of Fremont and signed copies of the specified endorsements for each policy prior to commencement of work under this agreement. Such documentation shall clearly evidence all coverages required above including specific evidence of separate endorsements naming the City of Fremont and shall provide that such insurance shall not be materially changed, terminated or allowed to expire except after 30 days prior written notice by certified mail, return receipt requested, has been filed with the City Clerk.

Such insurance shall be maintained from the time work first commences until completion of the work under this agreement. Consultant shall replace such certificates for policies expiring prior to completion of work under this agreement.

E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

F. COMPLETED OPERATIONS
Consultant shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event the Consultant fails to obtain or maintain completed operations coverage as required by this agreement, the City of Fremont at its sole discretion may purchase the coverage required and the cost will be paid by the Consultant.

G. CROSS-LIABILITY
The Liability policy shall include a cross-liability or severability of interest endorsement.

H. FAILURE TO MAINTAIN INSURANCE COVERAGE
If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this agreement, the same shall be deemed a material breach of contract. The City of Fremont, at its sole option, may terminate this agreement and obtain damages from the Consultant resulting from said breach. Alternatively, the City of Fremont may purchase such required insurance coverage, and without further notice to Consultant, the City of Fremont may deduct from sums due to Consultant any premium costs advanced by the City of Fremont for such insurance.

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I. PRIMARY AND NON-CONTRIBUTORY
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City of Fremont, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Fremont, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

The additional insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Fremont’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.

J. SUBCONTRACTORS
Consultant shall require all subconsultants to maintain the same levels of insurance and provide the same indemnity that the Consultant is required to provide under this Agreement. A subconsultant is anyone who is under contract with the Consultant or any of its subconsultants to perform work contemplated by this Agreement. The Consultant shall require all subconsultants to provide evidence of valid insurance and the required endorsements prior to the commencement of any work.

K. SUBROGATION WAIVER
Consultant agrees to waive subrogation rights against City of Fremont regardless of the applicability of any insurance proceeds, and to require all Consultants, subcontractors or others involved in any way with the services to do likewise.

L. VERIFICATION OF COVERAGE
Consultant shall furnish the City of Fremont with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City of Fremont before the services commence.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C Philadelphia Consolidated Holding Corp. • Philadelphia Indemnity Insurance Company • Tokio Marine Specialty Insurance Co • Maguire Insurance Agency, Inc.

One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 610.617.7900 • Fax 610.617.7940 • PHLY.com
5H

Dear Valued Customer:

Thank you very much for choosing Philadelphia Indemnity Insurance Company for your insurance needs. Our first class customer service, national presence and A++ (Superior) A. M. Best financial strength rating have made us the selection by over 550,000 policyholders nationwide. I realize you have a choice in insurance companies and truly appreciate your business.

I wish you much success this year and look forward to building a mutually beneficial business partnership which will prosper for years to come. Welcome to PHLY and please visit PHLY.com to learn more about our Company! Sincerely,
John W. Glomb, Jr.

President & Chief Underwriting Officer
Philadelphia Insurance Companies
JWG/sm
PHPK2221777
12/30/2020
Nanogan Science & Services LLC
DBA Mad Science of the Bay Area
48834 Kato Rd Ste 110A
Fremont, CA 94538-7368
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Available options include:

Pay Bill Online
View Invoices Electronically
Edit User Profile
Direct Bill Recurring Payments
View Policy Documents
Report and Search Claims
WHY MyPHLY?

Philadelphia Insurance Companies is the marketing name for the insurance company subsidiaries of the Philadelphia Consolidated Holding Corp., a Member of the Tokio Marine Group. Your insurance policy, and not the information contained in this document, forms the contract between you and your insurance company. If there is a discrepancy or conﬂict between the information contained herein and your policy, your policy takes precedence. All coverages are not available in all states due to state insurance regulations. Certain coverage(s) may be provided by a surplus lines insurer. Surplus lines insurers do not generally participate in state guaranty funds and insureds are th erefore not protected by such funds. | © 2007-2017 Philadelphia Consolidated Holding Corp., All Rights Reserved. 877.438.7459

PHLY.com
MyPHLY provides easy access to a safe, secure, and environmentally friendly way to manage your account 24/7. Visit our website at PHLY.com/MyPHLY to experience the benefits of managing your account.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C Making Things Easier for You!

PHLY CUSTOMER SERVICE
Customer-Exclusive Resources
Customer Optimization of Renewals and
Endorsements (CORE)
PHLY has a dedicated team of customer care
professionals so we can deliver quality and efficient
service to our customers.

Loss Assistance Hotline
PHLY provides our Management & Professional Liability
policyholders with 2 FREE HOURS of legal consultation
with knowledgeable attorneys on any matter that could
potentially result in a claim under a PHLY policy
Payment is easy!
Honors, Awards and Ratings
Mail Your Payment
Philadelphia Insurance Companies
P.O. Box 70251
Philadelphia, PA 19176-0251
Pay By Phone
877.438.7459 (Payment is Option 1)
Pay Online
PHLY.com/MyPHLY
Claims
• First party automobile losses settled in ten days or less • Newly reported and opened claims acknowledged the same or next business day
• National claims representation with Commercial Liability • Claims Examiner niche expertise
• Subrogation and Recovery Examiners are exclusively
dedicated to recovering policyholder paid losses
• 24/7 experienced and efficient claims service - consistent staff and industry leading paperless capabilities
Risk Management Services
• Product specific web-based Risk Management Services
solutions through PHLY.com
• Free Learning Management System with over 40 courses
• Build a Customized Risk Management Program through our complimentary portal
• Regular e-flyer communications on current Risk Management • Services issues and Large Loss Lessons Learned
• Strategic partnership with best in class vendor for discounted background and motor vehicle record (MVR) checks
Contact PHLY Customer Service Available Monday - Friday from 8:30 a.m. to 8:00 p.m. ET Call 877.438.7459
Fax 866.847.4046 [email protected] PHLY.com Live Chat
Convenient Online Portal
Log into MyPHLY.com to review billing and payment
history, view and print invoices and policy documents,
and update your PHLY account profile information.

Easy Installments Available
We provide payment installments for accounts that
generate at least $2,000 in premium
Ed. 011720
PHLY .com
Philadelphia Insurance Companies is the marketing name for the insurance company subsidiaries of the Philadelphia Consolidated Holding Corp., a Member of the Tokio Marine Group. Your insurance policy, and not the information contained in this document, forms the contract between you and your insurance company. If there is a discrepancy or conflict between the information contained herein and your policy, your policy takes precedence. All coverages are not available in all states due to state insurance regulations. Certain coverage(s) may be provided by a surplus lines insurer. Surplus lines insurers do not generally participate in state guaranty funds and insureds are therefore not protected by such funds. | © 2020 Philadelphia Consolidated Holding Corp., All Rights Reserved.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C Risk Management Services
Philadelphia Insurance Companies is the marketing name for the insurance company subsidiaries of the Philadelphia Consolidated Holding Corp., a Member of the Tokio Marine Group. Coverage(s) described may not be available in all states and are subject to Underwriting and certain coverage(s) may be provided by a surplus lines insurer. Surplus lines insurers do not generally participate in state guaranty funds and insureds are therefore not protected by such funds. | © 2019 Philadelphia Consolidating Holding Corp., All Rights Reserved. 800.873.4552 | PHLY .com
Ed. 112119

PHLY RMS RESOURCES
Welcome to Philadelphia Insurance Companies (PHLY)! As a PHLY customer, your organization now has access to tools and services that can assist in your risk management efforts. Our Risk Management Services (RMS) Consultants can provide in- person assistance, from leading employee safety meetings to providing valuable guidance regarding safety best practices.

PHLY also provides various risk management tools and resources at little or no additional cost to your organization.

To access these resources, please take a moment to register on our website. If you already have an account on PHLY.com, please log in to access Risk Management Services resources.

Risk Management Resources
We encourage you to explore the following risk management resources:

PHLYTrac: PHLY’s telematics tool providing
an online dashboard that tracks location,
speeding, hard breaking, and other fleet
statistics - PROVIDED AT NO COST TO
ELIGIBLE PHLY CUSTOMERS!

PHLYTRAC
Abuse Prevention Resources: Online
training and policy support to help
improve the safety of child-serving
operations (at no cost to our customers
with Abuse coverage)
Abuse Prevention System
IntelliCorp: Provides a discounted
background check package as well as
discounted pricing for add-on services,
such as Motor Vehicle Reports (MVRs).

IntelliCorp
SmarterNow: PHLY’s no-cost Learning
Management System that provides online
training, assignment, and reporting
capabilities. Trainings include defensive
driver, discrimination in the workplace,
security awareness, and many more
SMARTERNOW!
Wilson Elser Hotline: Provides two hours
of legal consultation per occurrence.

Provided at no cost for our Management
and Professional and EPLI policyholders.

Wilson Elser
In2vate: Provides web-enabled
employment practices services, including
training and management tools for
harassment and discrimination
in2vate

CONTACT
For questions about your organization’s risk management needs and information on PHLY’s Risk Management Services please contact PHLY RMS:

Phone: 1.800.873.4552 #4 (Mon-Fri 8:30 a.m. - 5:00 p.m. ET) E-mail: [email protected]
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C A Fact Sheet for Parents
U.S. Department of Health and Human Services
Centers for Disease Control and Prevention

SIGNS OBSERVED BY

PARENTS OR GUARDIANS
• Appears dazed or stunned
• Is confused about events
• Answers questions slowly
• Repeats questions
• Can’t recall events priorto
the hit, bump, or fall
• Can’t recall events afterthe
hit, bump, or fall
• Loses consciousness
(even brieﬂy)
• Shows behavior or personality
changes
• Forgets class schedule or
assignments
Thinking/Remembering:
• Difﬁculty thinking clearly
• Difﬁculty concentrating or
remembering
• Feeling more slowed down
• Feeling sluggish, hazy, foggy, or groggy
Physical:
• Headache or “pressure” in head
• Nausea or vomiting
• Balance problems or dizziness
• Fatigue or feeling tired
• Blurry or double vision
• Sensitivity to light or noise
• Numbness or tingling
• Does not “feel right”
Emotional:
• Irritable
• Sad
• More emotional than usual
• Nervous
Sleep*:
• Drowsy
• Sleeps lessthan usual
• Sleeps morethan usual
• Has trouble falling asleep
*Only ask about sleep symptoms if
the injury occurred on a prior day.

SYMPTOMS REPORTED BY YOUR CHILD OR TEEN

SIGNS AND SYMPTOMS OF A CONCUSSION

Assess
the
situation
Be alert for
signs and
symptoms
Contact a
health care
professional

What is a concussion?
A concussion is a type of brain injury that changes
the way the brain normally works. A concussion is
caused by a bump, blow, or jolt to the head. Concussions can also occur from a blow to the body that causes the
head and brain to move rapidly back and forth. Even what seems to be a mild bump to the head can be serious.

Concussions can have a more serious eﬀect on a young,
developing brain and need to be addressed correctly.

What are the signs and symptoms
of a concussion?
You can’t see a concussion. Signs and symptoms of
concussion can show up right after an injury or may not appear or be noticed until hours or days after the injury.

It is important to watch for changes in how your child or teen is acting or feeling, if symptoms are getting worse, or if s/he just “doesn’t feel right.” Most concussions occur without loss of consciousness.

If your child or teen reports one or moreof the symptomsof concussion listed below, or if you notice the symptoms
yourself, seek medical attention right away. Children and teens are among those at greatest risk for concussion.

T o download this fact sheet in Spanish, please visit: www.cdc.gov/Concussion. Para obtener una copia electrónica de esta hoja de información en español, por favor visite: www.cdc.gov/Concussion.

May 2010
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C What should I do if my child
or teen has a concussion?

1. Seek medical attention right away.A health care
professional experienced in evaluating for concussion
can determine how serious the concussion is and when
it is safe for your child or teen to return to normal
activities, including physical activity and school
(concentration and learning activities).

2. Help them take time to get better.If your child or teen has a concussion, her or his brain needs time to heal.

Your child or teen may need to limit activities while s/he is recovering from a concussion. Exercising or activities that involve a lot of concentration, such as studying,
working on the computer, or playing video games may
cause concussion symptoms (such as headache or
tiredness) to reappear or get worse. After a concussion, physical and
cognitive activities—such as concentration
and learning—should be carefully managed and
monitored by a health care professional.

3. T ogether with your child or teen, learn more about
concussions.Talk about the potential long-term
eﬀects of concussion and the dangers of returning
too soon to normal activities (especially physical
activity and learning/concentration). For more
information about concussion and free resources,
visit: www.cdc.gov/Concussion
.

How can I help my child return to
school safely after a concussion?
Help your child or teen get needed support when
returning to school after a concussion. Talk with
your child’s teachers, school nurse, coach, speech-
language pathologist, or counselor about your
child’s concussion and symptoms. Your child may
feel frustrated, sad, and even angry because s/he
cannot return to recreation and sports right away,
or cannot keep up with schoolwork. Your child may
also feel isolated from peers and social networks.

Talk often with your child about these issues and
oﬀer your support and encouragement. As your
child’s symptoms decrease, the extra help or
support can be removed gradually. Children and
teens who return to school after a concussion
may need to:
• Take rest breaks as needed,
• Spend fewer hours at school,
• Be given more time to take tests or
complete assignments,
• Receive help with schoolwork, and/or
• Reduce time spent reading, writing, or on
the computer.

Children and teens with a concussion
should NEVER return to sports or
recreation activities on the same day the
injury occurred. They should delay
returning to their activities until a health
care professional experienced in evaluating
for concussion says they are symptom-free
and it’s OK to return to play. This means,
until permitted, not returning to:
• Physical Education (PE) class,
• Sports practices or games, or
• Physical activity at recess.

To learn more about concussion and to order materials FREE-OF-CHARGE , go to: www.cdc.gov/Concussion or call 1.800.CDC.INFO.

DANGER
SIGNS
Be alert for symptoms that worsen over time. Your child or teen should be seen in an emergency department
right away if s/he has:
• One pupil (the black part in the middle of the eye) larger than the other
• Drowsiness or cannot be awakened
• A headache that gets worse and does not go away
• Weakness, numbness, or decreased coordination
• Repeated vomiting or nausea
• Slurred speech
• Convulsions or seizures
• Difﬁculty recognizing people or places
• Increasing confusion, restlessness, or agitation
• Unusual behavior
• Loss of consciousness (even a brief loss of consciousness should be taken seriously)
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C W hat is a concussion?
A co n cu ssio n is a b ra in in ju ry th a t:
• Is ca u se d b y a b u m p , b lo w , o r jo lt to th e h e a d o r b o d y.
• C a n ch a n g e th e w a y yo u r b ra in n o rm a lly w o rks. • C a n o ccu r d u rin g p ra ctice s o r g a m e s in a n y sp o rt o r re cre a tio n a l a ctivity.
• C a n h a p p e n e ve n if yo u h a ve n ’t b e e n kn o cke d o u t. • C a n b e se rio u s e ve n if yo u ’ve ju st b e e n “d in g e d ” o r “h a d yo u r b e ll ru n g .”
All co n cu ssio n s a re se rio u s. A co n cu ssio n ca n a ffe ct yo u r a b ility to d o sch o o lw o rk a n d o th e r a ctivitie s (su ch a s p la yin g vid e o g a m e s, w o rkin g o n a co m p u te r, stu d yin g , d rivin g , o r e xe rcisin g ). M o st p e o p le w ith a co n cu ssio n g e t b e tte r, b u t it is im p o rta n t to g ive yo u r b ra in tim e to h e a l.

W hat are the sym ptom s of a concussion?
Yo u ca n ’t se e a co n cu ssio n , b u t yo u m ig h t n o tice o n e o r m o re o f th e sym p to m s liste d b e lo w o r th a t yo u “d o n ’t fe e l rig h t” so o n a fte r, a fe w d a ys a fte r, o r e ve n w e e ks a fte r th e in ju ry.
• H e a d a ch e o r “p re ssu re ” in h e a d
• N a u se a o r vo m itin g
• Ba la n ce p ro b le m s o r d izzin e ss
• D o u b le o r b lu rry visio n
• Bo th e re d b y lig h t o r n o ise
• Fe e lin g slu g g ish , h a zy, fo g g y, o r g ro g g y • D ifficu lty p a yin g a tte n tio n
• M e m o ry p ro b le m s
• C o n fu sio n
W hat should I do if I think I have a concussion?
• Te ll y o u r co a ch e s a n d y o u r p a re n ts. N e ve r ig n o re a b u m p o r b lo w to th e h e a d e ve n if yo u fe e l fin e. Also , te ll yo u r co a ch rig h t a w a y if yo u th in k yo u h a ve a co n cu ssio n o r if o n e o f yo u r te a m m a te s m ig h t h a ve a co n cu ssio n .
• G e t a m e d ica l ch e ck -u p . A d o cto r o r o th e r h e a lth ca re p ro fe ssio n a l ca n te ll if yo u h a ve a co n cu ssio n a n d w h e n it is O K to re tu rn to p la y.
• G iv e y o u rse lf tim e to g e t b e tte r. If yo u h a ve a co n cu ssio n , yo u r b ra in n e e d s tim e to h e a l. W h ile yo u r b ra in is still h e a lin g , yo u a re m u ch m o re like ly to h a ve a n o th e r co n cu ssio n . R e p e a t co n cu ssio n s ca n in cre a se th e tim e it ta ke s fo r yo u to re co ve r a n d m a y ca u se m o re d a m a g e to yo u r b ra in . It is im p o rta n t to re st a n d n o t re tu rn to p la y u n til yo u g e t th e O K fro m yo u r h e a lth ca re p ro fe ssio n a l th a t yo u a re sym p to m -fre e.

How can I prevent a concussion?
E ve ry sp o rt is d iffe re n t, b u t th e re a re ste p s yo u ca n ta ke to p ro te ct yo u rse lf.
• U se th e p ro p e r sp o rts e q u ip m e n t, in clu d in g p e rso n a l p ro te ctive e q u ip m e n t. In o rd e r fo r e q u ip m e n t to p ro te ct yo u , it m u st b e :
- Th e rig h t e q u ip m e n t fo r th e g a m e, p o sitio n , o r a ctivity - W o rn co rre ctly a n d th e co rre ct size a n d fit - U se d e ve ry tim e yo u p la y o r p ra ctice
• Fo llo w yo u r co a ch ’s ru le s fo r sa fe ty a n d th e ru le s o f th e sp o rt.
• P ra ctice g o o d sp o rtsm a n sh ip a t a ll tim e s.

If y o u th in k y o u h a v e a co n cu ssio n :

D o n ’t h id e it. R e p o rt it. Ta ke tim e to re co ve r.

It’s better to miss one game than the whole season.

HEADS UP

CONCUSSION

IN HIGH SCHOOL
SPORTS

A FACT SHEET FOR ATHLETES
U .S . D E P A R T M E N T O F H E A L T H A N D H U M A N S E R V IC E S

C E N T E R S F O R D IS E A S E C O N T R O L A N D P R E V E N T IO N J u n e 2 010
Fo r m o re in fo rm a tio n a n d to o rd e r a d d itio n a l m a te ria ls fre e -o f-ch a rg e , visit: w w w .cd c.g o v /C o n cu ssio n .

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C BJP-190-1 (12-98)
Commercial
Lines
Policy

THIS POLICY CONSISTS
OF:
– DECLA

RATIONS
–

COMMON POLICY CONDITIONS
–
ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF:
• ONE OR MORE COVERAGE FORMS
•

APPLICABLE FORMS AND ENDORSEMENTS
Philadelphia Indemnity Insurance Company
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C BJP-190-1 (12-98)
IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless signed by our authorized representative.

John W. Glomb, Jr.

President & Chief Underwriting Officer
Secretary
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-SAMEX-NOTICE 1 (05/19)

Page 1 of 1 ends

ADVISORY NOTICE TO POLICYHOLDERS

This is a su mmary of c hanges in y our policy. No co verage is provided by th is summary nor can it be c onstrued to repla ce any provision s of your p olicy. You shou ld read your p olicy and rev iew your De clarations page for complete informa tion on the c overages you are provided . If the re is any conf lict between the p olicy and this summary, THE PROVISIONS OF THE POLICY SHALL PREVAIL.

The major areas w ithin the p olicy t hat broad en or re duce c overage, and other c hanges, a re highlighted below. This notice does not reference every editorial change made in your policy.

________________________________________________________________________________________________________

PI-SAM-018 (05/19) – ABSOLUTE ABUSE OR MOLESTATION EXCLUSION PROFESSIONAL LIABILITY PI-SAM-018 VT (05/19) – ABSOLUTE ABUSE OR MOLESTATION EXCLUSION PROFESSIONAL LIABILITY VERMONT ________________________________________________________________________________________________________

This exclusion is solely applicable to Professional Liability. It does not affect any affirmative grant of Abusive Conduct Liability coverage that may be provided elsewhere in this policy.

If PI -SAM-018 (05/19) Absolute Abuse or Molestation Exclusion Professional Liability is attached to your renewal policy, this exclusion replaces any other Abuse or Molesta tion exclusion either within a Coverage Form or in any endorsement. It clarifies our intention that claims arising out of alleged, actual or threatened abuse are not covered under professional liability coverage.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

IL N 177 09 12

IL N 177 09 12 © Insurance Services Office, Inc., 2012 Page 1 of 1

CALIFORNIA PREMIUM REFUND DISCLOSURE NOTICE

In accordance with CAL. INS. CODE § 481.(c), we are not ifying you that in the event that the first Named Insured cancels the insurance policy, we shall retain 10% of the unearned premium. The premium refunded to you will therefore be calculated as 90% of the pro rata unearned premium. But if c ancellation takes place during the first year of a multiyear prepaid policy, we will return 90% of the pro rata unearned premium for the first year and the full annual premium for the subsequent years.

If you have an Equipment Breakdown policy or your polic y contains an Equipment Breakdown Coverage Part, then the following premium refund calculation applies instead of that provided in the preceding paragraph. For the Equipment Breakdown policy premium or for the premiu m attributable to the Equipment Breakdown Coverage Part, we shall retain 25% of the unearned premium. The premium refunded to you will therefore be calculated as 75% of the pro rata unearned premium. But if cancellati on takes place during the first year of a multiyear prepaid policy, we will return 75% of the pro rata unearned prem ium for the first year and the full annual premium for the subsequent years.

However, the penalties set forth in the preceding paragraphs will not apply under the following circumstances, even if the first Named Insured cancels the policy:

1. The Insured(s) no longer has a financial or insurable inte rest in the property or bus iness operation that is the subject of insurance;

2. Cancellation takes place after the first year for a prepa id policy written for a term of more than one year; or

3. The policy is rewritten in the same insuring company or company group.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-FEES-NOTICE 1 (11/19)
*$10 in Florida, Maryland, South Carolina

**$15 in Florida and $20 in New York

***$25 in Delaware, Georgia, New Hampshire and New Mexico; and $15 in Kansas and Nebraska

PI-FEES-NOTICE 1 (11/19)

Page 1 of 1 ends

NOTICE

LATE FEE

NON-SUFFICIENT FUNDS FEE

REINSTATEMENT FEE

Late Fee
Please be advised that if your payment is late (payment is not received within five days of the payment due date indicated on the invoice), you will be charged a late fee of $25* (where permitted).

Non-Sufficient Funds Fee
Please be advised that if your payment is returned for non-sufficient funds, you will be charged a fee of $25** (where permitted).

Reinstatement Fee
Please be advised that if your policy is cancelled due to non- payment of the premium and we agree to reinstate your policy, you will be charged a reinstatement fee of $50* ** (where permitted).

These fees are in addition to any premium owed on the policy and each fee can apply more than once during the policy term.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-VIRUSNOTICE 1 (06/20)

Page 1 of 2 ends

Includes copyrighted material of Insurance Services Office, Inc., with permission.

ADVISORY NOTICE TO POLICYHOLDERS

COMMERCIAL PROPERTY COVERAGE

COMMERCIAL GENERAL LIABILTY COVERAGE

PROFESSIONAL LIABILITY COVERAGE

COMMERCIAL UMBRELLA LIABILITY COVERAGE

NOTICE OF REDUCTION IN COVERAGE

This is a summary of changes in your policy . No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary, THE PROVISIONS OF THE POLICY SHALL PREVAIL.

The major areas within the policy that broaden or reduce coverage, and other changes, are highlighted below. This notice does not reference every editorial change made in your policy.

The material in this notice makes reference to endorsement numbers; however, not all forms are included in a particular policy. You should review your Declarations to see what form(s) apply to your policy.

Your policy is being renewed with one or more of the following endorsements:

EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA ENDORSEMENT – CP 01 40 07 06 ALASKA – EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA – CP 01 81 01 08 MASSACHUSETTS – EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA – CP 01 76 09 06 NEW YORK – EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA – CP 01 78 08 08

This endorsement makes an explicit statement regarding a risk that is not covered under your Commercial Property or Ultimate Cover insurance. It points out that there is no coverage under such insurance for loss or damage caused by or resulting from any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease. The exclusion in this endorsement applies to all coverages provided by your Commercial Property or Ultimate Cover insurance, including (if any) property damage and business income coverage.

COMMUNICABLE DISEASE EXCLUSION ENDORSEMENT – CG 21 32 05 09 COMMUNICABLE DISEASE EXCLUSION – ILLINOIS – PI-GL-037 IL (04/20) COMMUNICABLE DISEASE EXCLUSION – WASHINGTON – PI-GL-037 WA (04/20)

This endorsement excludes coverage for liability arising out of the actual or alleged transmission of a communicable disease.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

PI-VIRUSNOTICE 1 (06/20)

Page 2 of 2 ends

Includes copyrighted material of Insurance Services Office, Inc., with permission.

ABSOLUTE COMMUNICABLE DISEASE EXCLUSION – PROFESSIONAL LIABILITY – PI-PROF-002 (06/20)
ABSOLUTE COMMUNICABLE DISEASE EXCLUSION – PROFESSIONAL LIABILITY – ILLINOIS – PI- PROF-002 IL (06/20)

This endorsement excludes coverage for professional liability arising out of the actual or alleged transmission of a communicable disease.

If you have also purchased a Commercial Umbrella Liability Policy, the following may also apply:

ABSOLUTE COMMUNICABLE DISEASE EXCLUSION – PI-CXL-132 (06/20) ABSOLUTE COMMUNICABLE DISEASE EXCLUSION – ILLINOIS – PI-CXL-132 IL (06/20)

This endorsement adds an exclusion to the Umbrella for claims related to the actual or alleged transmission of a communicable disease.

GENERAL LIABILITY FOLLOW FORM ENDORSEMENT – PI-CXL-041 (05/16) GENERAL LIABILITY FOLLOW FORM ENDORSEMENT – PI-CXL-041 AK (05/16) GENERAL LIABILITY FOLLOW FORM ENDORSEMENT – PI-CXL-041 NY (05/16) GENERAL LIABILITY FOLLOW FORM ENDORSEMENT – PI-CXL-041 VA (05/16)

This endorsement indicates that any General Liability insurance provided in the Umbrella will follow the same provisi ons, exclusions and limitations as those that are contained in your underlying General Liability policy. Coverage under your Umbrella policy will not be any broader than what is provided in your underlying General Liability policy.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PP 20 20 (02/20)

PP 20 20 (02/20)

Page 1 of 2 ends

ALL COMMERCIAL LINES

PRIVACY NOTICE FOR COMMERCIAL LINES
This notice is provided on behalf of Philadelphia Indemnity Insurance Company

PURPOSE OF THIS NOTICE
When you apply for or become an insured under, the insurance policies we issue, we gather certain non- public information or “NPI” about your business and its employees. We are committed to safeguarding the NPI you entrust to us. The purpose of this notice is, therefore, to let you know how we collect, use, share and protect the NPI you provide to us in those contexts.

That means this notice applies only to your business interactions with us involving your application for a quote or as a policy holder. NPI we may collect from you in connection with other interactions, such as when you or your employees visit one of our general interest, publicly accessible websites, is governed by the separate notices and policies we publish on those relevant sites or otherwise provide to you.

When we refer in this notice to your “NPI”, we mean non-public information as that term is generally defined and applied under the New York Department of Financial Services’ Cybersecurity Regulation, the Gramm- Leach-Bliley Act and the National Association of Insurance Commissioners’ Data Security Model Law which includes non-public information about your business, such as financial information, account numbers, loss history, personal non- public information of your employees including social security number, address or medical information and any proprietary information we obtain about your business or your customers.

Due to a variety of factors, including certain explicit exemptions they contain, this notice and the NPI we collect from you in connection with the above-d escribed business interactions is not governed by the EU General Data Protection Regulation, its related EU and Swiss Privacy Shield or the California Consumer Privacy Act.

COLLECTING YOUR NPI
In the course of, or as part of a business interaction, we collect your NPI both directly from you, or from the agents, brokers or other intermediaries acting on your or our behalf, as well as from a variety of additional sources including:
• t he applications or other forms you provide to us (these forms may contain your name, address, social security number, marital status, date of birth, gender, length of employment, prior insurance information, home ownership, residency history, vehicle type, vehicle use, or driving history)
• your transactions with us, our other affiliates of the Tokio Marine Group as well as third parties (this information would include, for example, premium payment and claims history)
• consumer or independent reporting agencies (for example your motor vehicle report, property inspection report, accident report or claim report)

USING YOUR NPI
We use your NPI in a variety of ways such as creating and issuing a quote, underwriting or otherwise processing and servicing your insurance policy, handling claims you may have and offering you additional products and services that we think may be of interest to you as well as for related research and analytics purposes.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PP 20 20 (02/20)

PP 20 20 (02/20)

Page 2 of 2 ends

SHARING YOUR NPI
We do not disclose or share any NPI about our customers or former customers outside of the Tokio Marine Group, except as permitted by law. We do not sell or disclose or share your NPI for third party marketing purposes. We do, however, share your NPI with third parties that we use to service your account or process your insurance policy or your claim, or administer related transactions. These third parties may include:
• your agent, broker or producer
• independent claims adjusters, investigators, data processors or attorneys • persons or organizations that conduct scientific research, including actuarial or underwriting studies
• an insurance support organization or another insurer, to prevent or prosecute fraud or to properly underwrite the risk
• another insurer, if you are involved in an accident with their insured • State insurance departments or other governmental or law enforcement authorities, if required by law, to protect our legal interests or in cases of suspected fraud or illegal activities
• a court of law
We also are required to disclose your NPI if we receive a subpoena, search warrant or other court order.

RETAINING YOUR NPI
The NPI we collect is kept in your policy and/or claim files for as long as needed in connection with your business interactions with you and, if longer, as required by law.

HOW WE PROTECT YOUR NPI
We have adopted and implemented a security and privacy program that includes technical, organizational, administrative, and other measures designed to protect, as required by applicable law and in accordance with industry standards, against reasonably anticipated or actual threats to the security of your NPI. Our security program was created by reference to widely recognized standards such as those published by the International Standards Organization and National Institute of Standards and Technology. It includes, among many other things, procedures for assessing the need for, and as appropriate, either employing encryption and multi-factor authentication or using equivalent compensating controls. As part of our security program, we have specific incident response and management procedures that are activated whenever we become aware that your NPI was likely to have been compromised.

CHANGES TO THIS NOTICE
We may amend this notice from time to time and will inform you of these changes as required by law.

QUESTIONS AND CONTACT INFORMATION
If you have any questions about this notice or how we collect, use, share and protect your NPI, please contact the Chief Privacy Officer of TMNA Services, LLC, who acts as the privacy and data security administrator for most of the Tokio Marine Group in North America. The Chief Privacy Officer’s contact information is:

Attn: Privacy Office
TMNA Services, LLC
3 Bala Plaza East, Suite 400
Bala Cynwyd, Pennsylvania 19004
610-227-1300

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

COMMON POLICY DECLARATIONS
Policy Number:

Producer
: Named Insured and Mailing Address:

Policy Period From: To: at 12:01 A.M. Standard Time at y our mailing address shown above.

Business Description:

RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.

PREMIUM
Commercial Property Coverage Part
Total

FORM (S) AND ENDORSEMENT (S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule
*Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations CPD- PIIC (06/14)
Secretary
Commercial General Liability Coverage Part
Commercial Crime Coverage Part
Commercial Inland Marine Coverage Part
Commercial Auto Coverage Part
Businessowners
Workers Compensation
John W. Glomb, Jr.

President & Chief Underwriting Officer
Philadelphia Indemnity Insurance Company
PHPK2221777
20364
(419)255-1020
03/01/2022
418.00
432.00
$ 5,982.55
Vocational/Trade School
Hylant Group Inc.
811 Madison Avenue
Toledo, OH 43604
03/01/2021
4,531.55
Total Includes Federal Terrorism Risk Insurance Act Coverage 16.00 Sexual/Physical Abuse 601.00
Nanogan Science & Services LLC
DBA Mad Science of the Bay Area
48834 Kato Rd Ste 110A
Fremont, CA 94538-7368
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Form Schedule – Policy

Policy Number:

Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue:

Form Edition Description

Philadelphia Indemnity Insurance Company
PHPK2221777
WHY MyPHLY
CSNotice-1
CDC Parents
CDC Youth Sports
BJP-190-1
PI-SAMEX-NOTICE 1
IL N 177
PI-FEES-NOTICE 1
PP2020

CPD-PIIC
Location Schedule
Loss Payee Schedule
Additional Insured Schedule
PI-BELL-1
PI-CME-1
IL0017
IL0021
IL0102
IL0104
IL0270
IL0952
PI-ACL-001
PI-CANXAICH-002
PI-SAM-018
PI-TER-DN1
0000
0120
0510
0610
1298
0519
0912
1119
0220
0614
0100
0100
0100
1109
1009
1198
0908
0505
0907
0912
0115
1218
0511
0519
0115
WHY MyPHLY?
Making Things Easier
A Fact Sheet For Parents
A Fact Sheet For Athletes
Commercial Lines Policy Jacket
Advisory Notice To Policyholders
California Premium Refund Disclosure Notice
Notice Late/Non-Sufficient Funds/Reinstatement Fee
Privacy Notice For Commercial Lines
Common Policy Declarations
Location Schedule
Loss Payee Schedule
Additional Insured Schedule
Bell Endorsement
Crisis Management Enhancement Endorsement
Common Policy Conditions
Nuclear Energy Liability Exclusion Endorsement
California Changes - Actual Cash Value
California Changes
California Changes - Cancellation And Nonrenewal
Cap On Losses From Certified Acts Of Terrorism
Absolute Cyber Liability And Electronic Exclusion
Cancellation Notice To Sched Addl Insd Or Cert Holder
Absolute Abuse or Molestation Exclusion
Disclosure Notice Of Terrorism Ins Coverage Rejection
1 1
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Locations Schedule

Policy Number:

Prems. Bldg.

No. No. Address

Philadelphia Indemnity Insurance Company
PHPK2221777
Fremont, CA 94538-7368
0001 0001 48834 Kato Rd Ste 110A
1 1
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Loss Payee Schedule

Policy Number:

Philadelphia Indemnity Insurance Company
PHPK2221777
PO Box 398004
Lenders Loss Payable
Minneapolis, MN 55439-8004
Plumas Bank
CA - Loc #1 - Bld #1 - BUSINESS PERS PROPERTY (SCHOOLS TRADE/VOC-CORRESPOND SCHOOL) Everett, WA 98206-0089
CA - Loc #1
Loss Payee
Plumas Bank
C/O Seattle Specialty Insurance Services
LOAN # 0676507522
PO Box 89
1 1
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Additional Insured Schedule

Policy Number:

Philadelphia Indemnity Insurance Company
PHPK2221777
San Mateo Community College District
Additional Insured
Additional Insured
3401 Csm Dr
CA2048 - Commercial Automobile
San Mateo, CA 94402-3651
RE: Place the insured will be performing science programs City of San Mateo its elected and
Mad Science Group, Inc
appointed officials, employees, and
Montreal,
Additional Insured
Santa Clara Unified School District
San Mateo, CA 94403-1338
CG2029 - General Liability
City of Mountain View Recreation
Santa Clara, CA 95051-2162
CG2026 - General Liability
Division
Additional Insured
201 S Rengstorff Ave
CG2026 - General Liability
Mountain View, CA 94040-1706
Mad Science Licensing, Inc.

CG2026 - General Liability
Additional Insured
agents
8360 Bougainville St Ste 201
330 W 20th Ave
1889 Lawrence Rd
1 7
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Additional Insured Schedule

Policy Number:

Philadelphia Indemnity Insurance Company
PHPK2221777
City of Mountain View Recreation
10300 Torre Ave
CG2026 - General Liability
Additional Insured
Division
Cupertino, CA 95014-3202
201 S Rengstorff Ave
The City of Sunnyvale, its officers,
Mountain View, CA 94040-1706
CG2026 - General Liability
Sunnyvale, CA 94088-3707
CG2010 - General Liability
and employees
City of Cupertino, Its City Council,
7351 Rosanna St
Additional Insured
Boards and Commissions, Officers,
Gilroy, CA 95020-6141
Officials, Employees, Agents, Servants,
agents, employees and volunteers
PO Box 3707
CG2026 - General Liability
Additional Insured
Additional Insured
City of Gilroy, its officers, officials
2 7
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Additional Insured Schedule

Policy Number:

Philadelphia Indemnity Insurance Company
PHPK2221777
Millbrae School District
CG2026 - General Liability
Additional Insured
555 Richmond Dr
Millbrae, CA 94030-1600
Additional Insured
City of Fremont
Fremont, CA 94538-1514
Additional Insured
employees, volunteers and agents
CG2026 - General Liability
Menlo Park City School District
PO Box 100085- S2
181 Encinal Ave
Duluth, GA 30096-9302
Additional Insured
Atherton, CA 94027-3102
CG2026 - General Liability
Attn: Sherri Smith
CG2026 - General Liability
The City of Santa Clara,
3300 Capitol Ave Bldg B
its City Council,commissions,officers,
c/o Insurance Data Svc - Ins Compliance
3 7
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Additional Insured Schedule

Policy Number:

Philadelphia Indemnity Insurance Company
PHPK2221777
3188 Quimby Rd
1376 Piedmont Rd
Additional Insured
San Jose, CA 95148-3022
Additional Insured
San Jose, CA 95132-2427
San Carlos School District
CG2026 - General Liability
City of Milpitas
CG2026 - General Liability
500 Acacia Ave
Additional Insured
San Bruno, CA 94066-4222
Additional Insured
Evergreen School District
CG2026 - General Liability
Berryessa Union School District
1200 Industrial Rd Ste 9
455 E Calaveras Blvd
San Carlos, CA 94070-4129
Additional Insured
Milpitas, CA 95035-5411
CG2026 - General Liability
San Bruno Park School District
CG2026 - General Liability
4 7
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Additional Insured Schedule

Policy Number:

Philadelphia Indemnity Insurance Company
PHPK2221777
San Jose Unified School District
CG2011 - CA - Loc #1
Additional Insured
855 Lenzen Ave
San Jose, CA 95126-2736
Additional Insured
Nobel Learning Communities, Inc.

West Chester, PA 19382-6223
Additional Insured
4 Embarcadero Ctr Ste 3620
CG2026 - General Liability
Oak Grove School District
6578 Santa Teresa Blvd
CG2010 - General Liability
Additional Insured
San Jose, CA 95119-1204
Attn: General Counsel
CG2026 - General Liability
Moffett Towers II Association LLC
1615 W Chester Pike Ste 200
Paul Holdings Inc. dba Jay Paul Company
San Francisco, CA 94111-4112
5 7
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Additional Insured Schedule

Policy Number:

Philadelphia Indemnity Insurance Company
PHPK2221777
its officials, officers, employees and
25 Churchill Ave
Additional Insured
volunteers
Palo Alto, CA 94306-1005
1331 E Calaveras Blvd
KidzToPros
Milpitas, CA 95035-5707
CG2026 - General Liability
1200 Industrial Rd
Additional Insured
The Palo Alto Unified School District,
San Carlos, CA 94070
Board of Trustees, its officers, agents,
Milpitas Unified School District,
employees and volunteers
CG2026 - General Liability
1584 Fulton Pl
Fremont, CA 94539-7936
CG2026 - General Liability
Additional Insured
CG2026 - General Liability
Additional Insured
San Carlos School District
6 7
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Additional Insured Schedule

Policy Number:

Philadelphia Indemnity Insurance Company
PHPK2221777
Hayward Area Recreation and Park
Additional Insured
District, and its officers, directors,
employees, agents & volunteers
Newark Unified School District
1099 E St
Newark, CA 94560-2554
CG2026 - General Liability
CG2026 - General Liability
Additional Insured
its officers, employees, and agents
Hayward, CA 94541-5210
5715 Musick Ave
Offering Programs to Kids
7 7
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

COMMERCIAL PROPERTY
CP P 004 07 06

CP P 004 07 06 © ISO Properties, Inc., 2006 Page 1 of 1

EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA

ADVISORY NOTICE TO POLICYHOLDERS

This Notice does not form a part of your insurance contra ct. No coverage is provided by this Notice, nor can it be construed to replace any provisions of your policy (i ncluding its endorsements). If there is any conflict between this Notice and the policy (including its endorsements), th e provisions of the policy (including its endorsements) shall prevail.

Carefully read your policy, including the endorsements attached to your policy.

This Notice provides information concerning the following new endorsement, which applies to your new or re- newal policy being issued by us:

Exclusion Of Loss Due To Virus Or Bacteria Endorsement CP 01 75 07 06 This endorsement makes an explicit st atement regarding a risk that is not covered under your Commercial Prop- erty insurance. It points out that there is no coverage under such insurance for loss or damage caused by or re- sulting from any virus, bacterium or other microorganism t hat induces or is capable of inducing physical distress, illness or disease. The exclusion in this endorsement applies to all coverages provided by your Commercial Prop- erty insurance, including (if any) property damage and business income coverages.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS
Policy Number:

Named Insured:

See Supplemental Schedule Agent #
BUSINESS DESCRIPTION:

DESCRIPTION OF PREMISES:

Prem. Bldg
No. No. Location, Fire Protection/Construction and Occupancy

SEE SCHEDULE ATTACHED
COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made.

Prem. Bldg. Limit of Causes of
No. No. Coverage Insurance Loss Form (1) Coinsurance(2) Deductible

SEE SCHEDULE ATTACHED
OPTIONAL COVERAGES:

Prem. Bldg. Agreed Value Replacement Cost Inflation
No. No. Coverage Amount Expiration Date Incl. Stock Guard

SEE SCHEDULE ATTACHED
OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY
Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity (Fraction) Indemnity Indemnity (Days)

SEE SCHEDULE ATTACHED
DEDUCTIBLE:

SEE SCHEDULE ATTACHED
MORTGAGE HOLDERS:

Refer To Mortgagee/Loss Payee Schedule
FORM(S) AND ENDORSEMENT(S) APPLICABLE TO THIS COVERAGE PART:

Refer To Forms Schedule
TOTAL PREMIUM FOR THIS COVERAGE PART $
(1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Exp ense %, Limits on Loss Payment or Value Reporting Form Symbol Countersignature Date Authorized Representative
Philadelphia Indemnity Insurance Company
PHPK2221777
20364
418.00
Nanogan Science & Services LLC
Vocational/Trade School
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Form Schedule – Property

Policy Number:

Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue:

Philadelphia Indemnity Insurance Company
PHPK2221777

FORMS APPLICABLE TO ALL PREMISES AND COVERAGES
Form Edition Description
CP P 004 0706 Excl Of Loss Due To Virus Or Bacteria Advisory Notice Property Dec 0100 Property Declarations Property Schedule 0100 Property Supplemental Schedule CP0090 0788 Commercial Property Conditions CP0140 0706 Exclusion Of Loss Due To Virus Or Bacteria CP0449 1205 California Changes - Replacement Cost CP1218 1012 Loss Payable Provisions PI-BM-001 0313 Equipment Breakdown Protection Endorsement PI-CP-001 1001 Mold Exclusion
PI-CP-002 0204 Changes - Electronic Data PI-CP-114 0717 Addl Property Not Covered - Inflatable Structures

FORMS APPLICABLE TO SPECIFIC PREMISES AND COVERAGES
Form Edition Description
CP0010 1012 Building And Personal Property Coverage Form CA PREMS 001 BLDG 001 BUILDING

BUSINESS PERS PROPERTY
CP0030 1012 Business Income (And Extra Expense) Coverage Form CP0299 0607 Cancellation Changes CA PREMS 001 BLDG 001 BUILDING
CP1030 1012 Causes Of Loss - Special Form CA PREMS 001 BLDG 001 BUILDING

BUSINESS PERS PROPERTY
PI-EPE-VS 0107 Elite Property Enhancement: Schools PI-NP-007 0401 Loss of Income Due to Workplace Violence 1 1
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE

P o l i c y N u m b e r :

Named Insured: Agent #
DESCRIPTION OF PREMISES:

Prem. Bldg.

No. No. Location, Fire Protection/Construction and Occupancy

COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made.

Prem. Bldg. Limit of Causes of (1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible

OPTIONAL COVERAGES:

Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard

OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY
Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity (Days)

Deductible Exceptions:

(1) EQ (if shown) = Earthquake (2) Coinsurance %, Extra Expense %, Limits on Loss Payment or Value Reporting Form Symbol

(5) 10% or $5,000 minimum
Philadelphia Indemnity Insurance Company
PHPK2221777
20364Nanogan Science & Services LLC

SPECIAL

SPECIAL
0001
0001
001
001

BUILDING

BUSINESS PERS PROPERTY
11,248
112,486
03/01/2022
03/01/2022
(X)
(X) (X)
4%
4%

BUILDING

BUSINESS PERS PROPERTY

BOILER & MACHINERY

PROPERTY ELITE

JOISTED MASONRY
11,248
112,486

SCHOOLS TRADE/VOC-CORRESPOND SCHOOL
1,000
1,000
0001
0001
001
001
001
PC 02
48834 Kato Rd Ste 110A Fremont, CA 94538-73680001
100%
100%
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number:

See Supplemental Schedule

LIMITS OF INSURANCE
Agent #
$ General Aggregate Limit (Other Than Products – Completed Operations) $ Products/Completed Operations Aggregate Limit
$ Personal and Advertising Injury Limit (Any One Person or Organization) $ Each Occurrence Limit
$ Rented To You Limit (Any One Premises)
$ Medical Expense Limit (Any One Person)
FORM OF BUSINESS:

Business Description:

Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED

AUDIT PERIOD, ANNUAL, UNLESS OTHERWISE STATED:

Classifications Code No.

Premium
Basis

Rates

Prem./ Prod./
Ops. Comp. Ops

Advance Premiums

Prem./ Prod./
Ops. Comp. Ops.

SEE SCHEDULE ATTACHED

TOTAL PREMIUM FOR THIS COVERAGE PART: $ $

RETROACTIVE DATE (CG 00 02 ONLY)
This insurance does not apply to "Bodily Injury", "Property Damage", or "Personal and Advertising Injury" which occurs before the retroactive date, if any, shown below.

Retroactive Date:

FORM (S) AND ENDORSEMENT (S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule

Countersignature Date Authorized Representative
Philadelphia Indemnity Insurance Company
PHPK2221777
20364
LLC
500,000
This policy is not subject to premium audit.
1,000,000
Vocational/Trade School
5,000
500,000
100,000
1,000,000
4,531.55
NONE
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Form Schedule – General Liability

Policy Number:

Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue:

Form Edition Description

Philadelphia Indemnity Insurance Company
PHPK2221777
Gen Liab Dec
Gen Liab Schedule
CG0001
CG2010
CG2011
CG2026
CG2029
CG2116
CG2132
CG2147
CG2153
CG2167
CG2170
CG2271
CG2402
CG2502
CG3234
PI-GL-001
PI-GL-002 CA
PI-GL-005

PI-GLD-VS
PI-SAM-006
PI-SE-001
PI-VS-001
PI-VS-008
1004
0100
0413
0413
0413
0413
0413
0413
0509
1207
0196
1204
0115
0413
1204
0798
0105
0917
0208
0712
0517
0117
0718
0895
0516
Commercial General Liability Coverage Part Declaration
General Liability Schedule
Commercial General Liability Coverage Form
Addl Ins - Owners, Lessees, Or Contractors-Sched Pers
Additional Insured - Managers Or Lessors Of Premises
Additional Insured - Designated Person Or Organization
Additional Insured - Grantor Of Franchise
Exclusion - Designated Professional Services
Communicable Disease Exclusion
Employment-Related Practices Exclusion
Exclusion - Designated Ongoing Operations
Fungi or Bacteria Exclusion
Cap On Losses From Certified Acts Of Terrorism
Colleges Or Schools (Limited Form)
Binding Arbitration
Amendment of Limits of Insurance
California Changes
Exclusion - Lead Liability
Exclusion - Asbestos Liability
Additional Insured Primary And Non-Contributory Ins
General Liability Deluxe Endorsement: Schools
Abuse Or Molestation Exclusion
Special Events Endorsement
Educators Professional Liability
Educators Professional Liability Amendatory Endt
1 1
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SUPPLEMENTAL SCHEDULE
Policy Number:

Agent #
Premium Rates Advance Premiums
Classifications Code No.

Basis Prem./
Ops.

Prod./
Comp. Ops.

Prem./
Ops.

Prod./
Comp. Ops.

Philadelphia Indemnity Insurance Company
PHPK2221777
20364

PROD/COMP OP SUBJ TO

GEN AGG LIMIT

3.633 INCL INCL
CA
CA
CA
CA
CA
CA
890
1 20

ENTERTAINMENT PRFRMD OTH PREMS

ADDL INS PRIMARY & NON-CONTRIBUTORY INS

COMMUNICABLE DISEASE EXCLUSION CREDIT
CHARGE FOR FORM CG2502

LIABILITY DELUXE

EDUCATORS PROFESSIONAL LIABILITY
PREM NO. 001
3,246
INCL
-10
100
323
873
43215
44444
48558
44444
SHOW

FLAT CHARGE
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

IL N 119 10 15

IL N 119 10 15 © Insurance Services Office, Inc., 2015 Page 1 of 1

CALIFORNIA AUTO BODY REPAIR CONSUMER BILL OF
RIGHTS

(This form was developed by the California Department of Insurance.)

A CONSUMER IS ENTITLED TO:

1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY SHALL NOT REQUIRE THE REPAIRS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR SHOP.

2. AN ITEMIZED WRITTEN ESTIMATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS, A DETAILED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE

ESTIMATE AND INVOICE MUST ALSO IDENTIFY ALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT.

3. BE INFORMED ABOUT COVERAGE FOR TOWING AND STORAGE SERVICES.

4. BE INFORMED ABOUT THE EXTENT OF COVERAGE, IF ANY, FOR A REPLACEMENT RENTAL VEHICLE WHILE A DAMAGED VEHICLE IS BEING REPAIRED.

5. BE INFORMED OF WHERE TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS.

6. SEEK AND OBTAIN AN INDEPENDENT REPAIR ESTIMATE DIRECTLY FROM A REGISTERED AUTO

BODY REPAIR SHOP FOR REPAIR OF A DAMAGED VEHICLE, EVEN WHEN PURSUING AN INSUR
ANCE CLAIM FOR REPAIR OF THE VEHICLE.

COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to:

Toll Free (866) 799-3811

Bureau of Automotive Repair
10949 North Mather Blvd.

Rancho Cordova, CA 95670
The Bureau of Automotive Repair can also accept complaints over its web site at: www.autorepair.ca.gov.

COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORNIA INSURANCE COMMISSIONER Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at:
(800) 927-4357 or (213) 897-8921

California Department of Insurance
Consumer Services Division
300 South Spring Street
Los Angeles, CA 90013
The California Department of Insurance can also accept complaints over its web site at: www.insurance.ca.gov.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C POLICY NUMBER: COMMERCIAL AUTO
CA DS 03 03 10

CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 13 

BUSINESS AUTO DECLARATIONS

ITEM ONE

Named Insured and Mailing Address:

Policy Period
From:

To: At 12:01 AM Standard Time at your mailing address shown above Previous Policy Number:

Form Of Business:

In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy.

Premium shown is payable at inception: $
Audit Period (If Applicable): Annually Semiannually Quarterly Monthly

Endorsements Attached To This Policy

See Schedule Attached

Countersignature Of Authorized Representative
Name:

Title:

Signature:

Date:

Philadelphia Indemnity Insurance Company
PHPK2221777
03/01/2022
LLC
03/01/2021
PHPK2082008
Nanogan Science & Services LLC
DBA Mad Science of the Bay Area
48834 Kato Rd Ste 110A
Fremont, CA 94538-7368
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page 2 of 13 ends

ITEM TWO
Schedule Of Coverages And Covered Autos

This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto Coverage Form next to the name of the coverage.

Coverages
Covered
Autos Limit Premium
Liability $ $
Personal Injury
Protection
(Or Equivalent
No-fault Coverage)
Separately Stated In Each Personal
Injury Protection Endorsement Minus
$
$ Deductible
Added Personal
Injury Protection
(Or Equivalent Added
No-fault Coverage)
Separately Stated In Each Added
Personal Injury Protection
Endorsement
$
Property Protection
Insurance
(Michigan Only)
Separately Stated In The Property
Protection Insurance Endorsement
Minus
$
$ Deductible
For Each Accident
Auto Medical
Payments
$ $
Medical Expense And
Income Loss Benefits
(Virginia Only)
Separately Stated In The Medical
Expense And Income Loss Benefits
Endorsement
$
Uninsured Motorists $ $
Underinsured
Motorists
(When Not Included
In Uninsured
Motorists Coverage)
$ $
08, 09 1,000,000 CSL 432.00
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 3 of 13 

ITEM TWO
Schedule Of Coverages And Covered Autos (Cont'd)

Coverages
Covered
Autos Limit Premium
Physical
Damage
Comprehensive
Coverage
Actual Cash Value Or Cost Of Repair,
Whichever Is Less, Minus
$
$ Deductible
For Each Covered Auto, But No
Deductible Applies To Loss Caused By
Fire Or Lightning

See Item Four for Hired or Borrowed
Autos.

Physical
Damage
Specified
Causes Of
Loss
Coverage
Actual Cash Value Or Cost Of Repair,
Whichever Is Less, Minus
$
$ Deductible
For Each Covered Auto For Loss Caused
By Mischief Or Vandalism

See Item Four for Hired or Borrowed
Autos.

Physical
Damage
Collision
Coverage
Actual Cash Value Or Cost Of Repair,
Whichever Is Less, Minus
$
$ Deductible
For Each Covered Auto

See Item Four for Hired or Borrowed
Autos.

Physical
Damage Towing
And Labor
$ For Each $
Disablement Of A Private Passenger Auto
$
Premium For Endorsements $
Estimated Total Premium* $
*This policy may be subject to final audit.
25 Terrorism All Per Coverage Endorsement
432.00

0.00 DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page 4 of 13 ends

ITEM THREE
Schedule Of Covered Autos You Own

Covered Auto Number:

Town And State Where The Covered Auto Will Be Principally Garaged:

Covered Auto Description
Year: Model: Trade Name:

Body Type: Serial Number (S):

Vehicle Identification Number (VIN):

Purchased
Original Cost New: $
Actual Cost New Or Used: $ New Used
Classification
Radius
Of
Operation
Business
Use
s=service
r=retail
c=commercial
Size GVW,
GCW Or
Vehicle Seating
Capacity
Age
Group
Secondary
Rating
Classification Code

Except For Towing, All Physical Damage Loss Is Payable To You And The Loss Payee Named Below According To Their Interests In The Auto At The Time Of The Loss:

SEE SCHEDULE ATTACHEDSEE SCHEDULE ATTACHED

SEE SCHEDULE ATTACHED

SEE SCHEDULE(S)
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 5 of 13  I

TEM THREE
Schedule Of Covered Autos You Own (Cont'd)
Coverages – Premiums, Limits And Deductibles
(Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding Item Two column applies instead.)
Coverages Limit Premium
Liability $
Personal Injury
Protection
Stated In Each Personal Injury Protection
Endorsement Minus
$
$ Deductible
Added Personal
Injury Protection
Stated In Each Added Personal Injury
Protection Endorsement
$
Property Protection
Insurance
(Michigan Only)
Stated In The Property Protection
Insurance Endorsement Minus
$
$ Deductible
Auto Medical
Payments
$ $
Medical Expense And
Income Loss Benefits
(Virginia Only)
Stated In The Medical Expense And Income
Loss Benefits Endorsement For Each
Person
$
Comprehensive Stated In Item Two Minus $
$ Deductible
Specified Causes
Of Loss
Stated In Item Two Minus $
$ 25 Deductible
Collision Stated In Item Two Minus $
$ Deductible
Towing And Labor $ P er Disablement $
Total Premiums
Liability $
Personal Injury Protection $
Added Personal Injury Protection $
Property Protection Insurance (Michigan Only) $
Auto Medical Payments $
Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $
Specified Causes Of Loss $
Collision $
Towing And Labor $

SEE SCHEDULE ATTACHED

SEE SCHEDULE ATTACHED
$
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page 6 of 13 ends

ITEM FOUR
Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums Liability Coverage – Cost Of Hire Rating Basis For Autos Used In Your Motor Carrier Operations (Other Than Mobile Or Farm Equipment)
Liability Coverage
Estimated Annual
Cost Of Hire For All States Premium
Primary Coverage $ SEE SCHEDULE, IF APPLICABLE $
Excess Coverage $ SEE SCHEDULE, IF APPLICABLE $
Total Premium $
For "autos" used in your motor carrier operations, cost of hire means:
(a) The total dollar amount of costs you incurred for the hire of automobiles (includes "trailers" and semitrailers), and if not included therein,
(b) The total remunerations of all operators and drivers' helpers, of hired automobiles whether hired with a driver by lessor or an "employee" of the lessee, or any other third party, and (c) The total dollar amount of any other costs (i.e., repair, maintenance, fuel, etc.) directly associated with operating the hired automobiles whether such costs are absorbed by the "insured", paid to the lessor or owner, or paid to others.

Liability Coverage – Cost of Hire Rating Basis For Autos NOT Used In Your Motor Carrier Operations (Other Than Mobile Or Farm Equipment)
Liability Coverage State
Estimated Annual
Cost Of Hire For Each State Premium
Primary Coverage $ $
Excess Coverage $ $
Total Premium $

For "autos" NOT used in your motor carrier operations, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers.

SEE SCHEDULE, IF APPLICABLE

SEE SCHEDULE, IF APPLICABLE
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 7 of 13 

ITEM FOUR
Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd)

Physical Damage Coverages – Cost of Hire Rating Basis For All Autos (Other Than Mobile Or Farm Equipment)
Coverage State Limit Of Insurance
Estimated Annual
Cost Of Hire For Each
State
(Excluding Autos
Hired With A Driver) Premium
Comprehensive Actual Cash Value Or Cost Of
Repair, Whichever Is Less, Minus
$ $
$ Deductible
For Each Covered Auto, But No
Deductible Applies To Loss
Caused By Fire Or Lightning
Specified
Causes Of Loss
Actual Cash Value Or Cost Of
Repair, Whichever Is Less, Minus
$ $
$ Deductible
For Each Covered Auto For Loss
Caused By Mischief Or Vandalism
Collision Actual Cash Value Or Cost Of
Repair, Whichever Is Less, Minus
$ $
$ Deductible
For Each Covered Auto
Total Premium $

For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for any "auto" that is leased, hired, rented or borrowed with a driver.

See Schedule, If Applicable
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page 8 of 13 ends

ITEM FOUR
Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd)

Cost Of Hire Rating Basis For Mobile Or Farm Equipment – Other Than Physical Damage Coverages Coverage State
Estimated Annual
Cost Of Hire For Each State Premium
Mobile Equipment Farm Equipment Mobile Equipment Farm Equipment Liability –
Primary
Coverage
$ $ $ $
Liability –
Excess
Coverage
$ $ $ $
Personal Injury
Protection
$ $ $ $
Medical
Expense
Benefits
(Virginia Only)
$ $ $ $
Income Loss
Benefits
(Virginia Only)
$ $ $ $
Auto Medical
Payments

$ $ $ $
Total Premiums $

Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers.

See Schedule, If Applicable
See Schedule, If Applicable
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 9 of 13 

ITEM FOUR
Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd)

Cost Of Hire Rating Basis For Mobile Or Farm Equipment – Physical Damage Coverages Coverage State Limit Of Insurance
Estimated Annual
Cost Of Hire For Each State
(Excluding Autos Hired
With A Driver) Premium
Mobile
Equipment
Farm
Equipment
Mobile
Equipment
Farm
Equipment
Compre-
hensive
Actual Cash Value Or
Cost Of Repair,
Whichever Is Less, Minus
$ $ $ $
$ Ded.

For Each Covered Auto,
But No Deductible
Applies To Loss Caused
By Fire Or Lightning
Specified
Causes
Of Loss

Actual Cash Value Or
Cost Of Repair,
Whichever Is Less, Minus
$ $ $ $
$ Ded.

For Each Covered Auto
For Loss Caused By
Mischief Or Vandalism
Collision Actual Cash Value Or
Cost Of Repair,
Whichever Is Less, Minus
$ $ $ $
$ Ded.

For Each Covered Auto
Total Premiums $

See Schedule, If Applicable

For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for any auto that is leased, hired, rented or borrowed with a driver.

See Schedule, If Applicable
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page 10 of 13 ends

ITEM FOUR
Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Co nt'd)

Rental Period Rating Basis For Mobile Or Farm Equipment Coverage
Town and State
Where The Job
Site Is Located
Estimated Number Of
Days Equipment Will
Be Rented Premium
Mobile
Equipment
Farm
Equipment Mobile Equipment Farm Equipment
Liability – Primary
Coverage
$ $
Liability – Excess
Coverage
$ $
Personal Injury
Protection
$ $
Medical Expense
Benefits
(Virginia Only)
$ $
Income Loss
Benefits
(Virginia Only)
$ $
Auto Medical
Payments
$ $
Total Premiums $ $
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 11 of 13 

ITEM FIVE
Schedule For Non-ownership Liability

Named Insured's
Business Rating Basis Number Premium
Other Than Garage Service
Operations And Other Than
Social Service Agencies
Number Of Employees $
Number Of Partners
(Active and Inactive)
$
Garage Service Operations Number Of Employees Whose
Principal Duty Involves
The Operation Of Autos
$
Number Of Partners
(Active and Inactive)
$
Social Service Agencies Number Of Employees $
Number Of Volunteers Who
Regularly Use Autos
To Transport Clients
$
Number Of Partners
(Active and Inactive)
$
Total Premium $

ITEM SIX
Schedule For Gross Receipts Or Mileage Basis

Address Of Business Headquarters Location:

Type Of Risk (Check one): Public Autos Leasing Or Rental Concerns Rating Basis (Check one): Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly (Gross Receipts Or Mileage):

Premiums
Liability $
Personal Injury Protection $
Added Personal Injury Protection $
Property Protection Insurance (Michigan Only) $
Auto Medical Payments $
Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $
Specified Causes Of Loss $
Collision $
Towing And Labor $
25 298.00
298.00
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page 12 of 13 ends

ITEM SIX
Schedule For Gross Receipts Or Mileage Basis (Cont'd)

Address Of Business Headquarters Location:

Type Of Risk (Check one): Public Autos Leasing Or Rental Concerns Rating Basis (Check one): Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly (Gross Receipts Or Mileage):

Address Of Business Headquarters Location:

Type Of Risk (Check one): Public Autos Leasing Or Rental Concerns Rating Basis (Check one): Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly (Gross Receipts Or Mileage):

Premiums
Liability $
Personal Injury Protection $
Added Personal Injury Protection $
Property Protection Insurance (Michigan Only) $
Auto Medical Payments $
Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $
Specified Causes Of Loss $
Collision $
Towing And Labor $
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 13 of 13 

When used as a premium basis:

FOR PUBLIC AUTOS
Gross receipts means the total amount earned by t he named insured for transporting passengers, mail and merchandise.

Gross receipts does not include:

A. Amounts paid to air, sea or land carriers operating under their own permits.

B. Advertising revenue.

C. Taxes collected as a separate item and paid directly to the government.

D. C.O.D. collections for cost of mail or merchandise including collection fees.

Mileage means the total live and dead mileage of all revenue producing "autos" during the policy period.

FOR RENTAL OR LEASING CONCERNS
Gross receipts means the total amount earned by the named insured for the leasing or renting of "autos" to others without drivers.

Mileage means the total live and dead mileage of all "autos" you leased or rented to others without drivers.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page of

Form Schedule – Commercial Auto

Policy Number:

Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue:

Form Edition Description

Philadelphia Indemnity Insurance Company
PHPK2221777
IL N 119
CADS03
Hired Or Borrowed Auto Sche
CA0001
CA0143
CA2048
PI-AUT-001
PI-MANU-1
1015
0310
0706
0310
0507
0299
0116
0100
California Auto Body Repair Consumer Bill Of Rights
Business Auto Declarations
Schedule Of Hired Or Borrowed Covered Auto
Business Auto Coverage Form
California Changes
Designated Insured
Cap On Losses From Certified Acts Of Terrorism
PI-CA-004 PRIMARY AND NON-CONTRIBUTORY CLAUSE ENDORSEMENT 1 1
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Policy Number:

Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums

Coverage State Cost of Hire Deductible Rate Premium

Page of

PHPK2221777
Liability Coverage CA 5,000 2.67100 $ 134
$ 134 Total Premium -
1 1
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-SAM-NOTICE 1 (06/20)

Page 1 of 4 ends

ADVISORY NOTICE TO POLICYHOLDERS

ABUSIVE CONDUCT LIABILITY

This is a su mmary of the major c hanges to your policy form and endorsements. No coverage is provided by th is summary nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for comple te informa tion on the c overages you a re provided . If the re is any conf lict between the policy and this summary, THE PROVISIONS OF THE POLICY SHALL PREVAIL.

The major areas w ithin the p olicy and e ndorsements t hat broad en or re duce c overage, and other c hanges, are highlighted below. This notice does not reference every editorial change made in your policy.

Not ever
y form referenced here in may apply to your p olicy. You shou ld rev iew your De clarations to see which forms apply to your policy.
________________________________________________________________________________________________________ • PI-SS-2; PI-SS-2 IL; PI-SS-2 NJ; PI-SS-2 OK; PI-SS-2 OR; PI-SS-2 TX; and PI-SS-2 VT • PI-AS-020; PI-AS-020 IL; PI-AS-020 MA; PI-AS-020 NJ; PI-AS-020 OK; PI-AS-020 OR; PI-AS-020 TX; and PI-AS-020 VT
• PI-CAM-003; PI-CAM-003 FL; PI-CAM-003 IL; PI-CAM-003 KS; PI-CAM-003 MA; PI-CAM-003 NJ; PI-CAM-003 OK; PI-CAM-003 OR; PI-CAM-003 TX; and PI-CAM-003 VT
• PI-DS-006; PI-DS-006 FL; PI-DS-006 IL; PI-DS-006 KS; PI-DS-006 MA; PI-DS-006 NJ; PI-DS-006 OK; PI-DS-006 OR; and PI-DS-006 VT
• PI-FW-006; PI-FW-006 IL; PI-FW-006 NJ; PI-FW-OK 1; and PI-FW-006 VT • PI-FT-02; PI-FT-02 AR; PI-FT-02 IL; PI-FT-02 KS; PI-FT-02 MA; PI-FT-02 NJ; PI-FT-02 OK; PI-FT-02 OR; PI-FT-02 TX; and PI-FT-02 VT
• PI-HF-11; PI-HF-11 NJ; PI-HF-KS-11; PI-HF-11 TX; and PI-HF-11 VT • PI-SG-003 CA ; PI-SG-003 FL; PI-SG-003 IL; PI-SG-003 KS; PI-SG-003 MA; PI-SG-003 MU; PI-SG-003 NJ; PI-SG-003 OK; PI-SG-003 OR; PI-SG-003 TX; and PI-SG-003 VT

are replaced by one of the following:

PI-SAM-001 (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS DEFENSE WITHIN LIMITS PI-SAM-001 AK (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS DEFENSE WITHIN LIMITS – ALASKA PI-SAM-001 GA (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS DEFENSE WITHIN LIMITS GEORGIA PI-SAM-001 NH (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS DEFENSE WITHIN LIMITS NEW HAMPSHIRE PI-SAM-001 TX (02/20) – ABUSIVE CONDUCT COVERAGE SUBLIMITS DEFENSE WITHIN LIMITS TEXAS PI-SAM-001 WA (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS DEFENSE WITHIN LIMITS WASHINGTON PI-SAM-002 (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS PI-SAM-002 AR (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS ARKANSAS PI-SAM-002 FL (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS FLORIDA PI-SAM-002 NH (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS NEW HAMPSHIRE PI-SAM-002 VT (09/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS – VERMONT PI-SAM-011 (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE DEFENSE WITHIN LIMITS PI-SAM-011 AK (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE DEFENSE WITHIN LIMITS – ALASKA
PI-SAM-011 GA (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE DEFENSE WITHIN LIMITS

GEORGIA
PI-SAM-011 NH (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE DEFENSE WITHIN LIMITS NEW

HAMPSHIRE
PI-SAM-011 TX (02/20) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE DEFENSE WITHIN LIMITS TEXAS PI-SAM-011 WA (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE DEFENSE WITHIN LIMITS

WASHINGTON
PI-SAM-012 (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE PI-SAM-012 AR (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE ARKANSAS PI-SAM-012 FL (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE – FLORIDA DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-SAM-NOTICE 1 (06/20)

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PI-SAM-012 MO (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE MISSOURI PI-SAM-012 NH (05/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE NEW HAMPSHIRE PI-SAM-012 VT (09/19) – ABUSIVE CONDUCT COVERAGE SUBLIMITS CLAIMS MADE – VERMONT ________________________________________________________________________________________________________ • Endorsement title changed from (Sexual) Abuse or Molestation Exclusion / (Sexual) Abuse or Molestation Sublimit or Sexual Abuse Endorsement to the applicable title shown above. • Wherever the endorsement title indicates ‘Defense Within Limits,’ defense costs are included within, and are not in addition to the applicable limits of insurance. • The phrase ‘(sexual) abuse and molestation’ that was used throughout has been replaced by “abusive conduct” which is now a defined term.
• An Endorsement Schedule was added which clearly displays the sub limits of insurance that apply; and in the case of Claims Made Coverage options, the Abusive Conduct Retroactive Date. • The format of the endorsement changed so that it no longer serves the dual purpose of being both an exclusion and a carve back of coverage. This endorsement is now solely an extension of coverage. • The Insuring Agreement now clarifies the coverage provided for Abusive Conduct and such conduct related to your negligence in the matters that are shown. • In the case of the Claims Made Coverage options, language has been added that complements the Claims Made provisions in the Commercial General Liability Coverage Form that is modified by this endorsement. • The coverage provided is qualified by exclusions that are now specifically outlined in Section A. 2. • With respect to the Limits of Insurance, it is now clearer that the limit is a sublimit under your Commercial General Liability coverage; the Per Person Limit of Insurance has been changed to an Each Abusive Conduct Incident Sublimit, and still subject to the Aggregate Sublimit. • We have clarified language related to multiple incidents of Abusive Conduct taking place over more than one policy period. Coverage will be provided only under one policy – the policy that is in place at the time of the first such incident.
• Definitions have been added as follows:
o Abusive Conduct
o Bodily Injury
o Claim
o Damages
o Defense Costs
________________________________________________________________________________________________________ PI-SO-007; PI-SO-007 AK; PI-SO-007 MI; PI-SO-007 VT; PI-CAM-SO7; and PI-CAM-SO7 IL are replaced by one of the following:

PI-SAM-007DI (05/19) – ABUSIVE CONDUCT LIABILITY COVERAGE FORM – CLAIMS MADE DEFENSE WITHIN LIMITS PI-SAM-007DO (05/19) – ABUSIVE CONDUCT LIABILITY COVERAGE FORM – CLAIMS MADE ______________________________________________________________________________________________________ • Form title changed from Sexual or Physical Abuse or Molestation Vicarious Liability Coverage Form Claims Made Coverage to the applicable title shown above.
• Language was added that clarifies that damages because of bodily injury include damages claimed for care, loss of services or death.
• The following changes were made to the applicable Exclusions:
o Added:
 Exclusion a. – Claims or suits against anyone who personally takes part in abusive conduct  Exclusion b. – Claims or suits against anyone who intentionally fails to report abusive conduct
 Exclusion c. – Claims or suits against anyone who commits an intentional or criminal act  Exclusion d. – Claims or suits against employees, volunteers or others if any insured was aware of their abusive conduct at the inception of this policy  Exclusion j. – Any abusive conduct that occurs after the end of the policy period  Exclusion k. –Defense costs associated with criminal trials and related appeals  Exclusion l. – Claims that result from prior/pending litigation; conduct that is the subject of DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-SAM-NOTICE 1 (06/20)

Page 3 of 4 ends

written notice given under an earlier policy; and conduct of which the insured had prior knowledge and a reasonable expectation that a claim could result from it  Exclusion m. – Claims or suits arising out of sexual discrimination or sexual harassment o Amended:
 Exclusion i. – Added references to “volunteer workers” and included qualifiers that coverage does not apply to claims made by spouses, children and other relatives of employees and volunteers; and claims made by applicants for employment, former employees and volunteers
• Employee Indemnification Defense Coverage was re-titled Employee and Volunteer Worker Defense Coverage; the requirement that a written agreement must be in place was removed; the $25,000 limit was deleted; and a qualifier was added that the coverage does not apply to any employee or volunteer who knowingly allows the abusive conduct.
• We have clarified language related to multiple incidents of Abusive Conduct taking place over more than one policy period. Coverage will be provided only under one policy – the policy that is in place at the time of the first such incident.
• Provisions related to Deductibles have been added.
• The following changes were made to the applicable Definitions:
o Added:
 Claim
 Volunteer Worker
o Amended:
 Abusive Conduct – clarified language related to multiple incidents of abusive conduct and incidents where more than one person is involved in that conduct  Bodily Injury – expanded to qualify different types of emotional distress to include mental injury, shock or fright
 Coverage territory – expanded to worldwide coverage, subject to the conditions outlined  Defense costs – simplified so that any costs related to the investigation of a claim or defense of a suit are intended under this definition. We have made it clearer, depending on the form that applies, whether or not defense costs are included within the limit of insurance or outside of the limit of insurance.
________________________________________________________________________________________________________ PI-SO-008; PI-SO-008 AK; and PI-CAM-SO8 IL are replaced by the following:

PI-SAM-008 (05/19) – ABUSIVE CONDUCT LIABILITY COVERAGE FORM ________________________________________________________________________________________________________ • Form title changed from Sexual or Physical Abuse or Molestation Vicarious Liability Coverage Form Occurrence to Abusive Conduct Liability Coverage Form.
• Language was added that clarifies that damages because of bodily injury include damages claimed for care, loss of services or death.
• The following changes were made to the applicable Exclusions:
o Added:
 Exclusion a. – Claims or suits against anyone who personally takes part in abusive conduct  Exclusion b. – Claims or suits against anyone who intentionally fails to report abusive conduct
 Exclusion c. – Claims or suits against anyone who commits an intentional or criminal act  Exclusion d. – Claims or suits against employees, volunteers or others if any insured was aware of their abusive conduct at the inception of this policy  Exclusion l. – Claims that result from prior/pending litigation; conduct that is the subject of written notice given under an earlier policy; and conduct of which the insured had prior knowledge and a reasonable expectation that a claim could result from it.  Exclusion m. – Claims or suits arising out of sexual discrimination or sexual harassment o Amended:
 Exclusion i. – Added references to “volunteer workers” and included qualifiers that coverage DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-SAM-NOTICE 1 (06/20)

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does not apply to claims made by spouses, children and other relatives of employees and volunteers; and claims made by applicants for employment, former employees and volunteers
 Exclusion k. – solely addresses abusive conduct that occurs before the inception of the policy and potentially continuing into this policy, removing the caveat relating to abusive conduct committed by you or your family member
• Employee Indemnification Defense Coverage was re-titled Employee and Volunteer Worker Defense Coverage; the requirement that a written agreement must be in place was removed; the $25,00 0 limit was deleted; and a qualifier was added that the coverage does not apply to any employee or volunteer who knowingly allows the abusive conduct.
• We have clarified language related to multiple incidents of Abusive Conduct taking place over more than one policy period. Coverage will be provided only under one policy – the policy that is in place at the time of the first such incident.
• Provisions related to Deductibles have been added.
• The following changes were made to the applicable Definitions:
o Added:
 Claim
 Volunteer Worker
o Amended:
 Abusive Conduct – clarified language related to multiple incidents of abusive conduct and incidents where more than one person is involved in that conduct  Bodily Injury – expanded to qualify different types of emotional distress to include mental injury, shock or fright
 Coverage territory – expanded to worldwide coverage, subject to the conditions outlined

If you have also purchased a Commercial Umbrella Liability Policy, the following may also apply:
______________________________________________________________________________________________ PI-CXL-007 (05/19) – ABUSE OR MOLESTATION EXCLUSION
PI-CXL-007 AK (05/19) – ABUSE OR MOLESTATION EXCLUSION
PI-CXL-007 IL (05/19) – ABUSE OR MOLESTATION EXCLUSION
PI-CXL-007 NE (05/19) – ABUSE OR MOLESTATION EXCLUSION
PI-CXL-007 TX (05/19) – ABUSE OR MOLESTATION EXCLUSION
PI-CXL-007 VT (05/19) – ABUSE OR MOLESTATION EXCLUSION
____________________________________________________________________________________________ This endorsement was amended as follows:
• We have clarified that this exclusion also applies to professional services provided to and the neglect of the therapeutic needs of clients, patients or other persons • This endorsement now clearly states that this is an absolute exclusion

____________________________________________________________________________________________ PI-CXL-037; and PI-CXL-037 AK are replaced by the following:

PI-CXL-104 (05/19) – ABUSIVE CONDUCT LIABILITY FOLLOW FORM ENDORSEMENT

PI-CXL-043; PI-CXL-043 AK; PI-CXL-043 IL; and PI-CXL-043 TX are replaced by the following:

PI-CXL-105 (05/19) – ABUSIVE CONDUCT LIABILITY COVERAGE FORM SUBLIMIT PI-CXL-105 TX (02/20) – ABUSIVE CONDUCT LIABILITY COVERAGE FORM SUBLIMIT TEXAS _____________________________________________________________________________________ If either of the above two endorsements is attached to your policy, the provisions described in this Notice that apply to your underlying coverage also apply to your Umbrella coverage as the Umbrella coverage in the above two endorsements follow the same provisions, exclusions, limitations and definitions as that underlying coverage.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C Philadelphia Indemnity Insurance Company
PI-SAM-008D (01/17)

PI-SAM-008D (01/17)

Page 1 of 1 ends

Includes copyrighted material of Insurance Services Office, Inc., with permission.

ABUSIVE CONDUCT LIABILITY COVERAGE FORM

POLICY DECLARATIONS

PLEASE READ THIS POLICY CAREFULLY.

Policy Number: ____________________________ Effective date: __________________________ 12:01 A.M. Standard Time

LIMITS OF INSURANCE:

AGGREGATE LIMIT $_________________

EACH ABUSIVE CONDUCT LIMIT $_________________

DEDUCTIBLE: $_________________

BUSINESS DESCRIPTION:

Form of Business:

Business Description:

PREMIUM:

FORMS AND ENDORSEMENTS (Other than Applicable Forms and Endorsements Shown Elsewhere in the Policy)
Forms and Endorsements Applying to this Coverage Part and Made Part of this Policy at Time of Issue:

SEE SCHEDULE ATTACHED

PHPK2221777
LLC
Vocational/Trade School
03/01/2021
1,000,000
1,000,000
1,000
$ 601.00
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-SAM FORM SCH 1 (05/19)

Form Schedule – Abusive Conduct Liability

Policy Number:

Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue:

Form Edition Description

Page of

PI-SAM FORM SCH 1 (05/19)
Philadelphia Indemnity Insurance Company
PHPK2221777
PI-SAM-NOTICE 1
PI-SAM-008D
PI-ARB-1
PI-SAM-008
0620
0117
0403
0519
Advisory Notice To Policyholders Abusive Conduct Liab
Abusive Conduct Liability Coverage Policy Dec
Binding Arbitration
Abusive Conduct Liability Coverage Form
1 1
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-BELL-1 (11/09)

Page 1 of 8 ends

BELL ENDORSEMENT

Unless otherwise stated herein, the terms, conditions, exclusions and other limitations set forth in this endorsement are solely applicable to coverage afforded by this endorsement, and the policy is amended as follows:

I. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS

The following is a summary of Limits of Liability or Limits of Insurance and/or additional coverages provided by this endorsement. This endorsement is subject to the provisions of the policy to which it is attached.

C O V E R A G E L I M I T S O F I N S U R A N C E

Business Travel Accident Benefit $50,000

Conference Cancellation $25,000

Donation Assurance $50,000

Emergency Real Estate Consulting Fee $50,000

Fundraising Event Blackout $25,000

Identity Theft Expense $50,000

Image Restoration and Counseling $50,000

Key Individual Replacement Expenses $50,000

Kidnap Expense $50,000

Political Unrest $5,000 per employee:
$25,000 policy limit

Temporary Meeting Space Reimbursement $25,000

Terrorism Travel Reimbursement $50,000

Travel Delay Reimbursement $1,500

Workplace Violence Counseling $50,000

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-BELL-1 (11/09)

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A. Applicability of Coverage

Coverage provided by your policy and any endorsements attached thereto is amended by this endorsement where applicable.

B. Limits of Liability or Limits of Insurance

1. When coverage is provided by this endorsement and another coverage form or endorsement attached to this policy, the greater limits of liability or limits of insurance will apply. In no instance will multiple limits apply to coverages which may be duplicated within this policy. Additionally, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the same occurrence, offense, wrongful act, accident or loss, the maximum limits of liability or limits of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limits of liability or limits of insurance under any one coverage part or policy.

2. Limits of liability or limits of insurance identified in Section I. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS above are not excess of, but are in addition to the applicable Limits of Liability or Limits of Insurance stated in the Declarations.

C. Claim Expenses

Coverages provided herein are not applicable to the generation of claim adjustment costs by you; such as fees you may incur by retaining a public adjuster or appraiser.

III. ADDITIONAL COVERAGES

A. Business Travel Accident Benefit

We will pay a Business Travel Accident Benefit to the insured if a director or officer suffers injury or death while traveling on a common carrier for your business during the policy period.

For the purpose of Business Travel Accident Benefit coverage, injury means:

1. Physical damage to the body caused by violence, fracture, or an accident that results in loss of life not later than one hundred eighty (180) days after the policy expiration, the date of cancellation or the date of non-renewal;

2. Accidental loss of limbs or multiple fingers;

3. Total loss of sight, speech or hearing.

The limit of insurance for this coverage is $50,000 per policy period for all insureds combined.

No deductible applies to this coverage.

The Business Travel Accident Benefit shall not be payable if the cause of the injury was:

1. An intentional act by the insured;

2. An act of suicide or attempted suicide;

3. An act of war; or

4. A disease process.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-BELL-1 (11/09)

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We will reimburse the insured for any business-related conference expenses, paid by the insured and not otherwise reimbursed, for a canceled conference that an employee was scheduled to attend. The cancellation must be due directly to a “natural catastrophe” or a “communicable disease” outbreak that forces the cancellation of the conference.

With respect to a conference cancellation claim, it is further agreed as follows:

1. The insured employee must have registered for t he conference at least thirty (30) days prior to the cancellation; and

2. The cancellation must be ordered by a local, state or federal Board of Health or other governmental authority having jurisdiction over the location of the conference.

The limit of insurance for this coverage is $25,000 per policy period for all insureds combined.

No deductible applies to this coverage.

C. Donation Assurance

If the insured is a 501(c)(3) status non-profit organization as defined in the United States Internal Revenue Code, we will reimburse the insured for “failed donation claim(s).”

With respect to any “failed donation claim,” it is further agreed as follows:

1. The donor must not have been in bankrupt cy, nor have filed for bankruptcy or reorganization in the past seven (7) years prior to the time said pledge was made to the insured;

2. For non-cash donations, our payment of a “fa iled donation claim” shall be based on the fair market value of said non-cash donation at the time of the “failed donation claim”;

3. In the case of unemployment or incapacitation of a natural person donor and as a condition of payment of the “failed donation claim”:

a. Neither the natural person donor nor the in sured shall have had reason to believe the donor would become unemployed or incapacitated subsequent to the donation date; and

b. The donor shall be unemployed for at least sixty (60) days prior to a claim being submitted by the insured;

4. No coverage shall be afforded for a written pledge of funds or other measurable, tangible property to the insured dated prior to the policy period; and

5. A donation amount which is to be collected by the insured over more than a twelve (12) month period shall be deemed a single donation.

The limit of insurance for this coverage is $50,000 per policy period for all insureds combined.

No deductible applies to this coverage.

D. Emergency Real Estate Consulting Fee

We will reimburse the insured any realtor’s fee or real estate consultant’s fee necessitated by the insured’s need to relocate due to the “unforeseeable destruction” of the insured’s “principal location” listed in the Declarations during the policy period. The limit of insurance for this DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-BELL-1 (11/09)

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© 2009 Philadelphia Insurance Companies
coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage.

E. Fundraising Event Blackout

We will reimburse the insured for “fundraising expenses” that are incurred due to the cancellation of a fundraising event caused by the lack of electric supply resulting in a power outage, provided the fundraising event is not re-scheduled. The fundraising event must have been planned at least thirty (30) days prior to the power outage. The limit of insurance for this coverage is $25,000 per policy period for all insureds combined. No deductible applies to this coverage.

F. Identity Theft Expense

We will reimburse any present director or officer of the named insured for “identity theft expenses” incurred as the direct result of any “identity theft” first discovered and reported during the policy period; provided that it began to occur subsequent to the effective date of the insured’s first policy with us. The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage.

G. Image Restoration and Counseling

We will reimburse the insured for expenses incurred for image restoration and counseling arising out of “improper acts” by any natural person.

Covered expenses are limited to:

1. The costs of rehabilitation and counseling for the accused natural person insured, provided the natural person insured is not ultimately found guilty of criminal conduct; this reimbursement to occur after acquittal of the natural person insured;

2. The costs charged by a recruiter or expended on advertising, for replacing an officer as a result of “improper acts”; and

3. The costs of restoring the named insured’s reputation and consumer confidence through image consulting.

The limit of insurance for this coverage is $50,000 per policy period for all insureds combined.

No deductible applies to this coverage.

H. Key Individual Replacement Expenses

We will pay “key individual replacement expenses” if the Chief Executive Officer or Executive Director suffers an “injury” during the policy period which results in the loss of life during the policy period. The limit of insurance for this coverage is the lesser of $50,000 or ten (10) times the annual premium paid for this policy. No deductible applies to this coverage.

I. Kidnap Expense

We will pay on behalf of any director or officer of the insured, reasonable fees incurred as a result of the kidnapping of them or their spouse, “domestic partner,” parent or child during the policy period. Coverage will not apply to any kidnapping by or at the direction of any present or former family member of the victim.

Reasonable fees will include:

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-BELL-1 (11/09)

Page 5 of 8 ends

1. Fees and costs of independent negotiators;

2. Interest costs for any loan from a financial institution taken by you to pay a ransom demand or extortion threat;

3. Travel costs and accommodations incurred by the named insured;

4. Reward money paid to an informant which leads to the arrest and conviction of parties responsible for loss covered under this insurance; and

5. Salary, commissions and other financial benefits paid by you to a director or officer. Such compensation applies at the level in effect on the date of the kidnap and ends upon the earliest of:

a. Up to thirty (30) days after their release, if the director or officer has not yet returned to work;

b. Discovery of their death;

c. One hundred twenty (120) days after the last credible evidence following abduction that they are still alive; or

d. Twelve (12) months after the date of the kidnapping.

The limit of insurance for this coverage is $50,000 each policy period for all insureds combined.

No deductible applies to this coverage.

J. Political Unrest Coverage

We will reimburse any present director, officer, employee or volunteer of the named insured while traveling outside the United States of America for “emergency evacuation expenses” that are incurred as a result of an incident of “political unrest.” This “political unrest” must occur during the policy period. No coverage is granted for travel to countries in a state of “political unrest” at the time of departure of the travel. The limit of insurance for this coverage is $5,000 per covered person, subject to a maximum of $25,000 per policy period for all insureds combined. No deductible applies to this coverage.

K. Temporary Meeting Space Reimbursement

We will reimburse the insured for rental of meeting space which is necessitated by the temporary unavailability of the insured’s primary office space due to the failure of a climate control system, or leakage of a hot water heater during the policy period. Coverage will exist only for the renting of temporary meeting space required for meeting with parties who are not insured under this policy. The limit of insurance for this coverage is $25,000 per policy period for all insureds combined. No deductible applies to this coverage.

L. Terrorism Travel Reimbursement

We will reimburse any present director or officer of the named insured in the event of a “certified act of terrorism” during the policy period which necessitates that he/she incurs “emergency travel expenses.” The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-BELL-1 (11/09)

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We will reimburse any present director or officer of the named insured for any “non- reimbursable expenses” they incur as a result of the cancellation of any regularly scheduled business travel on a common carrier. The limit of insurance for this coverage is $1,500 per policy period for all insureds combined. A seventy-two (72) hour waiting period deductible applies to this coverage.

N. Workplace Violence Counseling

We will reimburse the insured for emotional counseling expenses incurred directly as a result of a “workplace violence” incident at any of the insured’s premises during the policy period. The emotional counseling expenses incurred must have been for:

1. Your employees who were victims of, or witnesses to the “workplace violence”;

2. The spouse, “domestic partner,” parents or children of your employees who were victims of, or witnesses to the “workplace violence”; and

3. Any other person or persons who directly witnessed the “workplace violence” incident.

The limit of insurance for this coverage is $50,000 per policy period for all insureds combined.

No deductible applies to this coverage.

IV. DEFINITIONS

For the purpose of this endorsement, the following definitions apply:

A. “Certified act of terrorism” means any act so defined under the Terrorism Risk Insurance Act, and its amendments or extensions.

B. “Communicable disease” means an illness, sickness, condition or an interruption or disorder of body functions, systems or organs that is transmissible by an infection or a contagion directly or indirectly through human contact, or contact with human fluids, waste, or similar agent, such as, but not limited to Meningitis, Measles or Legionnaire’s Disease.

C. “Domestic partner” means any person who qualifies as a domestic partner under the provisions of any federal, state or local statute or regul ation, or under the terms and provisions of any employee benefit or other program established by the named insured.

D. “Emergency evacuation expenses” mean:

1. Additional lodging expenses;

2. Additional transportation costs;

3. The cost of obtaining replacements of lo st or stolen travel documents necessary for evacuation from the area of “political unrest”; and

4. Translation services, message transmittals and other communication expenses.

provided that these expenses are not otherwise reimbursable.

E. “Emergency travel expenses” mean:

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-BELL-1 (11/09)

Page 7 of 8 ends

1. Hotel expenses incurred which directly result from the cancellation of a scheduled transport by a commercial transportation carrier, resulting directly from and within forty-eight (48) hours of a “certified act of terrorism”; and

2. The increased amount incurred which may resu lt from re-scheduling comparable transport, to replace a similarly scheduled transport canceled by a commercial transportation carrier in direct response to a “certified act of terrorism”;

provided that these expenses are not otherwise reimbursable.

F. “Failed donation claim” means written notice to the insured during the policy period of:

1. The bankruptcy or reorganization of any dono r whereby such bankruptcy or reorganization prevents the donor from honoring a prior written pledge of funds or other measurable, tangible property to the insured; or

2. The unemployment or incapacitation of a nat ural person donor preventing him/her from honoring a prior written pledge of funds or other measurable, tangible property to the insured.

G. “Fundraising expenses” mean deposits forfeited and other charges paid by you for catering services, property and equipment rentals and related transport, venue rentals, accommodations (including travel), and entertainment expenses less any deposits or other fees refunded or refundable to you.

H. “Identity theft” means the act of knowingly transferring or using, without lawful authority, a means of identification of any director or office r (or spouse or “domestic partner” thereof) of the named insured with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federa l law or a felony under any applicable state or local law.

I. “Identity theft expenses” mean:

1. Costs for notarizing affidavits or similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies;

2. Costs for certified mail to law enforcement agen cies, credit agencies, financial institutions or similar credit grantors; and

3. Loan application fees for re-applying for a l oan or loans when the original application is rejected solely because the lender received incorrect credit information.

J. “Improper acts” means any actual or alleged act of:

1. Sexual abuse;

2. Sexual intimacy;

3. Sexual molestation; or

4. Sexual assault;

committed by an insured against any natural pers on who is not an insured. Such “improper acts” must have been committed by the insured wh ile in his or her capacity as an insured.

K. “Injury” whenever used in this endorsement, other than in Section III. A. Business Travel, DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-BELL-1 (11/09)

Page 8 of 8 ends

© 2009 Philadelphia Insurance Companies
means any physical damage to the body caused by violence, fracture or an accident.

L. “Key individual replacement expenses” mean the following necessary expenses:

1. Costs of advertising the employment position opening;

2. Travel, lodging, meal and entertainment expenses incurred in interviewing job applicants for the employment position opening; and

3. Miscellaneous extra expenses incurred in findi ng, interviewing and negotiating with the job applicants, including, but not limited to, overtime pay, costs to verify the background and references of the applicants and legal expenses incurred to draw up an employment contract.

M. “Natural catastrophe” means hurricane, tornado, earthquake or flood.

N. “Non-reimbursable expenses” means the following travel-related expenses incurred after a seventy-two (72) hour waiting period, begi nning from the time documented on the proof of cancellation, and for which your director or officer produces a receipt:

1. Meals and lodging;

2. Alternative transportation;

3. Clothing and necessary toiletries; and

4. Emergency prescription and non-prescription drug expenses.

O. “Political unrest” means:

1. A short-term condition of disturbance, turmo il or agitation within a foreign country that poses imminent risks to the security of citizens of the United States;

2. A long-term condition of disturbance, turmo il or agitation that makes a foreign country dangerous or unstable for citizens of the United States; or

3. A condition of disturbance, turmoil or agitat ion in a foreign country that constrains the United States Government’s ability to assist citizens of the United States, due to the closure or inaccessibility of an embassy or consulate or because of a reduction of its staff

for which either an alert or travel warning has been issued by the United States Department of State.

P. “Principal location” means the headquarters, home office or main location where most business is substantially conducted.

Q. “Unforeseeable destruction” means damage resulting from a “certified act of terrorism,” fire, collision or collapse which renders all of the in sured’s “principal locations” completely unusable.

R. “Workplace violence” means any intentional use of or threat to use deadly force by any person with intent to cause harm and that results in bodily “injury” or death of any person while on the insured’s premises.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-CME-1 (10/09)

Page 1 of 2 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CRISIS MANAGEMENT ENHANCEMENT ENDORSEMENT

Solely for the purpose of this endorsement: 1) 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. 2) The words “we,” “us” and “our” refer to the company providing this insurance.

I. SCHEDULE OF ADDITIONAL COVERAGE AND LIMITS

The following is the Limit of Liability provided by this endorsement. This endorsement is subject to the provisions of the policy to which it is attached.

II. CONDITIONS

A. Applicability of Coverage

Coverage provided by your policy and any endorsements attached thereto is amended by this endorsement where applicable. All other terms and conditions of the policy or coverage part to which this endorsement is attached remain unchanged.

B. Limits of Liability or Limits of Insurance

When coverage is provided by this endorsement and any other coverage form or endorsement attached to this policy, we will pay only for the amount of covered 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 Liability or Limit of Insurance.

C. Claim Expenses

Coverages provided herein are not applicable to the generation of claim adjustment costs by you; such as fees you may incur by retaining a public adjuster or appraiser.

III. ADDITIONAL COVERAGES

A. We will reimburse you for “crisis management emergency response expenses” incurred because of an “incident” giving rise to a “crisis” to which this insurance applies. The amount of such reimbursement is limited as described in Section II. CONDITIONS, B. Limits of Liability or Limits of Insurance. No other obligation or liability to pay sums or perform acts or services is covered.

B. We will reimburse only those “crisis management emergency response expenses” which are incurred during the policy period as shown in the Declarations of the policy to which this coverage is attached and reported to us within six (6) months of the date the “crisis” was initiated.

Crisis Management Expense $25,000
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-CME-1 (10/09)

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IV. DEFINITIONS

A. “Crisis” means the public announcement that an “incident” occurred on your premises or at an event sponsored by you.

B. “Crisis management emergency response ex penses” mean those expenses incurred for services provided by a “crisis management fi rm.” However, “crisis management emergency response expenses” shall not include compensa tion, fees, benefits, overhead, charges or expenses of any insured or any of your employees, nor shall “crisis management emergency response expenses” include any expenses that are payable on your behalf or reimbursable to you under any other valid and collectible insurance.

C. “Crisis management firm” means any service provi der you hire that is acceptable to us. Our consent will not be unreasonably withheld.

D. “Incident” means an accident or other event, in cluding the accidental discharge of pollutants, resulting in death or serious bodily injury to three or more persons.

E. “Serious bodily injury” means any injury to a person that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C IL 00 17 11 98
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 oo

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

A. Cancellation

1. The first Named Insured shown in the Declar a-
tions may cancel this policy by mailing or d e-
livering to us advance written notice of cance l-
lation.

2. We may cancel this policy by mailing or deli v-
ering to the first Named Insured written notice
of cancellation at least:
a. 10 days before the effective date of cance l-
lation if we cancel for nonpayment of pr e-
mium; or
b. 30 days before the effective date of cance l-
lation if we cancel for any other reason.

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

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

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

6. If notice is mailed, proof of mailing will be su f-
ficient proof of notice.

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

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

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

D. Inspections And Surveys

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

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

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

4. Paragraph 2. of this condition does not apply
to any inspections, surveys, reports or reco m-
mendations we may make relative to certific a-
tion, under state or municipal statutes, ord i-
nances or regulations, of boilers, pressure ves-
sels or elevators.

E. Premiums
The first Named Insured shown in the Declar a-
tions:

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

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

F. Transfer Of Your Rights And Duties Under
This Policy
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual named i n-
sured.

If you die, your rights and duties will be tran s-
ferred to your legal representative but only while
acting within the scope of duties as your legal re p-
resentative. Until your legal representative is a p-
pointed, anyone having proper temporary custody
of your property will have your rights and duties
but only with respect to that property.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

IL 00 21 09 08

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2

NUCLEAR ENERGY LIABILITY EXCLUSION

ENDORSEMENT
(Broad Form)

This endorsement modifies insurance provided under the following:

COMMERCIAL AUTOMOBILE COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

FARM COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

MEDICAL PROFESSIONAL LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily injury"
or "property damage":
(1) With respect to which an "insured" under
the policy is also an insured under a nu-
clear energy liability policy issued by Nu-
clear Energy Liabilit y Insurance Associa-
tion, Mutual Atomic Energy Liability
Underwriters, Nuclear Insurance Associa-
tion of Canada or any of their successors,
or would be an insured under any such pol-
icy but for its termination upon exhaustion
of its limit of liability; or
(2) Resulting from the " hazardous properties"
of "nuclear material" and with respect to
which (a) any person or organization is re-
quired to maintain financial protection pur-
suant to the Atomic Energy Act of 1954, or
any law amendatory thereof, or (b) the "in-
sured" is, or had this policy not been issued
would be, entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or organi-
zation.

B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily in-
jury" resulting from the "hazardous properties"
of "nuclear material" and arising out of the op-
eration of a "nuclear fa cility" by any person or
organization.

C. Under any Liability Coverage, to "bodily injury"
or "property damage" resulting from "hazard-
ous properties" of "nuclear material", if:
(1) The "nuclear material" (a) is at any "nuclear
facility" owned by, or operated by or on be-
half of, an "insured" or (b) has been dis-
charged or dispersed therefrom;
(2) The "nuclear material" is contained in
"spent fuel" or "waste" at any time pos-
sessed, handled, used, processed, stored,
transported or disposed of, by or on behalf
of an "insured"; or
(3) The "bodily injury" or "property damage"
arises out of the furnishing by an "insured"
of services, materials, parts or equipment in
connection with the planning, construction,
maintenance, operation or use of any "nu-
clear facility", but if su ch facility is located
within the United States of America, its terri-
tories or possessions or Canada, this ex-
clusion (3) applies only to "property dam-
age" to such "nuclear facility" and any
property thereat.

2. As used in this endorsement:
"Hazardous properties" includes radioactive, toxic
or explosive properties.
"Nuclear material" means "source material", "spe-
cial nuclear material" or "by-product material".

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page 2 of 2 ends

"Source material", "special nuclear material", and
"by-product material" have the meanings given
them in the Atomic Energy Act of 1954 or in any
law amendatory thereof.
"Spent fuel" means any fuel element or fuel com-
ponent, solid or liquid, which has been used or ex-
posed to radiation in a "nuclear reactor".
"Waste" means any waste material (a) containing
"by-product material" other than the tailings or
wastes produced by the extraction or concentra-
tion of uranium or thorium from any ore processed
primarily for its "source material" content, and (b)
resulting from the operation by any person or or-
ganization of any "nuclear facility" included under
the first two paragraphs of the definition of "nu-
clear facility".
"Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or used
for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent
fuel", or (3) handling, processing or packag-
ing "waste";
(c) Any equipment or device used for the proc-
essing, fabricating or alloying of "special
nuclear material" if at any time the total
amount of such material in the custody of
the "insured" at the premises where such
equipment or device is located consists of
or contains more than 25 grams of pluto-
nium or uranium 233 or any combination
thereof, or more than 250 grams of uranium
235;
(d) Any structure, basin, excavation, premises
or place prepared or used for the storage or
disposal of "waste";
and includes the site on which any of the foregoing
is located, all operations conducted on such site
and all premises used for such operations.
"Nuclear reactor" means any apparatus designed
or used to sustain nuclear fission in a self-
supporting chain reaction or to contain a critical
mass of fissionable material.
"Property damage" includes all forms of radioac-
tive contamination of property.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

IL 01 02 05 05

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IL 01 02 05 05 © ISO Properties, Inc., 2005 Page 1 of 1

CALIFORNIA CHANGES – ACTUAL CASH VALUE

This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

FARM COVERAGE PART

STANDARD PROPERTY POLICY

With respect to an "open policy", the following are
added to any provision which uses the term actual
cash value:

A. In the event of a total loss to a building or struc- ture, actual cash value is calculated as the lesser
of the following:

1. The Limit of Insurance applicable to that
building or structure; or

2. The fair market value of the building or struc-
ture.

B. In the event of a partial loss to a building or struc- ture, actual cash value is calculated as the lesser
of the following:

1. The amount it would cost to repair, rebuild or
replace the property less a fair and reason-
able deduction for physical depreciation of the
components of the buildi ng 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; or

2. The Limit of Insurance applicable to the prop-
erty.

C. In the event of a partial or total loss to Covered
Property other than a building or structure, actual
cash value is calculated as the lesser of the fol-
lowing:

1. The amount it would cost to repair or replace
the property less a fair and reasonable de-
duction for physical depreciation, based on
the condition of the property at the time of
loss; or

2. The Limit of Insurance applicable to the prop-
erty.

D. An "open policy" is a policy under which the
value of Covered Property is not fixed at policy
inception, but is determined at the time of loss in
accordance with policy provisions on valuation.

The term "open policy" does not apply to Cov-
ered 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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

IL 01 04 09 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IL 01 04 09 07 © ISO Properties, Inc., 2006 Page 1 of 2

CALIFORNIA CHANGES

This endorsement modifies insurance provided under the following:

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART – FARM PROPERTY – OTHER FARM PROVISIONS FORM – ADDITIONAL

COVERAGES, CONDITIONS, DEFINITIONS
FARM COVERAGE PART – LIVESTOCK COVERAGE FORM
FARM COVERAGE PART – MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM

STANDARD PROPERTY POLICY

A. When this endorsement is attached to the Stan-
dard Property Policy CP 00 99 the term Coverage
Part in this endorsement is replaced by the term
Policy.

B. The Concealment, Misrepresentation Or Fraud
Condition is replaced by the following with respect
to loss ("loss") or damage caused by fire:

We do not provide coverage to the insured ("in-
sured") who, whether before or after a loss
("loss"), has committed fraud or intentionally con-
cealed or misrepresented any material fact or cir-
cumstance concerning:

1. This Coverage Part;

2. The Covered Property;

3. That insured’s ("insured's") interest in the Cov-
ered Property; or

4. A claim under this Coverage Part or Coverage
Form.

C. The Concealment, Misrepresentation Or Fraud
Condition is replaced by the following with respect
to loss ("loss") or damage caused by a Covered
Cause of Loss other than fire:

This Coverage Part is void if any insured ("in-
sured"), whether before or after a loss ("loss"), has
committed fraud or intentionally concealed or mis-
represented any material fact or circumstance
concerning:

1. This Coverage Part;

2. The Covered Property;

3. An insured’s ("insured's") interest in the Cov-
ered Property; or

4. A claim under this Coverage Part or Coverage
Form.

D. Except as provided in E., the Appraisal Condition
is replaced by the following:

If we and you disagree on the value of the prop-
erty or the amount of loss ("loss"), either may
make written request for an appraisal of the loss
("loss"). If the request is accepted, each party will
select a competent and impartial appraiser. Each
party shall notify the other of the appraiser se-
lected within 20 days of the request. The two ap-
praisers will select an umpire. If they cannot agree
within 15 days, either ma y request that selection
be made by a judge of a court having jurisdiction.

The appraisers will state separately the value of
the property and amount of loss ("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:

1. Pay its chosen appraiser; and

2. 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.

E. The Appraisal Condition in:

1. Business Income (And Extra Expense) Cover-
age Form CP 00 30; and

2. Business Income (Without Extra Expense)
Coverage Form CP 00 32;
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page 2 of 2 ends

is replaced by the following:

If we and you disagree on the amount of Net In-
come and operating expense or the amount of
loss, either may make written request for an ap-
praisal of the loss. If the request is accepted, each
party will select a competent and impartial ap-
praiser. Each party shall notify the other of the ap-
praiser selected within 20 days of the request. The
two appraisers will select an umpire. If they cannot
agree within 15 days, either may request that se-
lection be made by a judge of a court having juris-
diction. The appraisers will state separately the
amount of Net Income and operating expense or
amount of loss. If they fail to agree, they will sub-
mit 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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

IL 02 70 09 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IL 02 70 09 12 © Insurance Services Office, Inc., 2012 Page 1 of 4

CALIFORNIA CHANGES – CANCELLATION

AND NONRENEWAL

This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART

COMMERCIAL AUTOMOBILE COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

CRIME AND FIDELITY COVERAGE PART

EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE PART

FARM COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

MEDICAL PROFESSIONAL LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraphs 2. and 3. of the Cancellation
Common Policy Condition are replaced by the
following:

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

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

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page 2 of 4 ends

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

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

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

Commercial Property Coverage Part
Farm Coverage Part – Farm Property – Farm
Dwellings, Appurtenant Structures And
Household Personal Property Coverage Form
a. If such coverage has been in effect for 60
days or less, and is not a renewal of
coverage we previously issued, we may
cancel this coverage for any reason, except
as provided in b. and c. below.
b. We may not cancel this policy solely
because the first Named Insured has:
(1) Accepted an offer of earthquake
coverage; or
(2) Cancelled or did not renew a policy
issued by the California Earthquake
Authority (CEA) that included an
earthquake policy premium surcharge.

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

Covered Causes Of Loss – Special.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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

Nonrenewal

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

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

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

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

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

Covered Causes Of Loss – Special.

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

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Page 4 of 4 ends

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

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

IL 09 52 01 15

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CAP ON LOSSES FROM CERTIFIED ACTS OF

TERRORISM

This endorsement modifies insurance provided under the following:

BOILER AND MACHINERY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE PART

FARM COVERAGE PART

STANDARD PROPERTY POLICY

A. Cap On Certified Terrorism Losses
"Certified act of terrorism" means an act that is
certified by the Secretar y of the Treasury, in
accordance with the prov isions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act for
a "certified act of terrorism" include the following:

1. The act resulted in insured losses in excess of
$5 million in the aggregate, attributable to all
types of insurance subject to the Terrorism
Risk Insurance Act; and

2. The act is a violent act or an act that is
dangerous to human life, property or
infrastructure and is committed by an individual
or individuals as part of an effort to coerce the
civilian population of the United States or to
influence the policy or affect the conduct of the
United States Government by coercion.

If aggregate insured losses attributable to terrorist
acts certified under the Terrorism Risk Insurance
Act exceed $100 billion in a calendar year and we
have met our insurer deductible under the
Terrorism Risk Insurance Act, we shall not be
liable for the payment of any portion of the amount
of such losses that exceeds $100 billion, and in
such case insured losses up to that amount are
subject to pro rata allocation in accordance with
procedures established by the Secretary of the
Treasury.

B. Application Of Exclusions
The terms and limitations of any terrorism
exclusion, or the inapplic ability or omission of a
terrorism exclusion, do not serve to create
coverage for any loss which would otherwise be
excluded under this Coverage Part or Policy, such
as losses excluded by the Nuclear Hazard
Exclusion or the War And Military Action
Exclusion.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-ACL-001 (12/18)

Page 1 of 3 ends

@2018 Philadelphia Consolidated Holding Corp.

PI-ACL-001 (12/18)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ABSOLUTE CYBER LIABILITY AND ELECTRONIC EXCLUSION
The following exclusion applies to all coverages afforded under this policy:

This insurance does not apply to any loss, cost, expense, fine, penalty, error and omission, or damage alleging, arising out of or from, attributable to, or giving rise to:

(1) Any access to, collection or disclosure of, or failure to erase any person's or organization's confidential or personal information, including but not limited to patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information, biometrics, or any other type of nonpublic information; or (2) Business interruption or suspension of operations as caused by any access, unauthorized access, lack of access, delay in access, damage, manipulation, loss, or impairment to Electronic Data or Electronic Media; or
(3) Cyber Extortion; or
(4) A Privacy Breach; or
(5) A Security Breach; or
(6) Any fraudulent communication through Electronic Media that impersonates any person or organization, including but not limited to phishing or other social engineering techniques or otherwise; or
(7) Any computer code, software, or programming; or
(8) Any Security Breach that results in a ny electronic thing or device or Electronic Media malfunctioning, improperly functioning, non- functioning, failing to perform as the intended user desired, or being electronically manipulated to perform in a way that causes harm to the insured or others; or
(9) The loss, loss of use, misuse, delay, manipulation, corruption, damage, a lteration, destruction, distortion, erasure, or theft of, or inability to access or manipulate Electronic Data or Electronic Media as a result of Cyber Extortion ; or Privacy Breach; or Security Breach
(10) Any failure of utilities based upon, arising out of, or attributable to any mechanical or electrical failure, interruption, or outage, however caused, including but not limited to any electrical power interruption or surge, brownout, blackout, short circuit, over voltage, or power fluctuation or outage to gas, water, telephone, cable, satellite, telecommunications, the internet, or any component thereof, including but not limited to hardware, software, or any other infrastructure as a result of Cyber Extortion; or Privacy Breach; or Security Breach.
(11) This exclusion applies even if damages are claimed for notification costs, errors or omissions, credit monitoring expenses, forensic expenses, public relations expenses, or any other loss, cost, or expense incurred by the insured or others arising out of that which is described in Paragraphs (1) through (10) above.

As used in this exclusion, the following definitions apply:

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-ACL-001 (12/18)

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@2018 Philadelphia Consolidated Holding Corp.

PI-ACL-001 (12/18)

Computer hardware means the physical components of any computer system including CPU’s, memory storage devices, storage media, and input/output devices and other peripheral devices and components including but not limited to cable, connectors, fiber optics, networking equipment, electronic data storage devices, input and output devices, backup facilities, wire, power supply units, keyboards, display monitors and audio speakers.

Computer system means an electronic, wireless, web or similar systems (including all computer hardware, computer programs and electronic data) used to process data or information in an analog, digital, electronic or wireless format, including but not limited to, associated input and output devices, data storage devices, networking equipment, wired or wireless peripherals, electronic backup faci lities, and media libraries, that is owned or leased, operated and controlled by the insured or operated by an independent contractor authorized to provide Business Process Outsourcing services or outsourced Information Technology services for the insured.

Corporate Information Breach means the public disclosure of an organization’s non-public information.

Cyber Extortion means any threat or connected series of threats communicated to the i nsured for the purpose of demanding money, securities , or property, including but not limited to threats to release, divulge, disseminate, corrupt, damage or destroy Electronic Data or Electronic Media ; introduce malware or malicious code into the i nsured’s computer system; electronically communicate with the i nsured’s customers in order to fraudulently obtain personal information, money, securities or property; or restrict or hinder access to the insured’s computer system, Electronic Data or Electronic Media, including but not limited to ransomware.

Denial of service means unauthorized or unexpected interference or malicious attack by any person(s) or entity(ies) that restricts or prevents access to a computer system by persons or entities authorized to gain access to the computer system or electronic data.

Electronic Data means information, facts, blockchain, crypto currencies, or computer programs stored as or on, created or used on, or transmitted to or from computer software, including but not limited to systems and applications software, hard or floppy disks, CD -ROMs, DVDs, external drives, USB sticks, tapes, drives, cells, microchip, data processing devices , or any other media 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.

Electronic Media means broadcast or storage media that take advantage of electronic technology. They include television, radio, Internet, fax, Bluetooth, GPS, audio beacons, electronic data, and any other medium that requires electricity or digital encoding of information.

.Malicious code means unauthorized and corrupting or harmful computer code, including but not l imited to computer viruses, spyware, Trojan horses, worms, logic bombs, and mutations of any of the preceding.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-ACL-001 (12/18)

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@2018 Philadelphia Consolidated Holding Corp.

PI-ACL-001 (12/18)
Privacy Breach means a common law or statutory breach of confidence or violation of any common law or statutory rights to privacy, including but not limited to breach of a privacy policy, breach of a person’s right of publicity, misappropriati on of likeness, false light, intrusion upon a person’s seclusion, or public disclosure of a person’s or animal’s private information. Privacy Breach will also include a Corporate Information Breach.

Security breach means:

1. Unauthorized access of the insured’s computer system or unauthorized use of computer systems including unauthorized access or unauthorized use resulting from the theft of a password from the insured’s computer system;

2. A denial of service attack against your computer systems; or

3. Infection of the insured’s computer system by malicious code or transmission of malicious code from the insured’s computer systems,

whether any of the foregoing is a specifically targeted attack or a generally distributed attack.

Unauthorized access means the gaining of access to a computer system by an unauthorized person or persons.

Unauthorized use means the use of a computer system by an unauthorized person or persons or an authorized person in an unauthorized manner.

This Endorsement is an absolute exclusion for cyber liability, Electronic Data, Electronic Media and Security Breaches. This Endorsement applies except if coverage is specifically and affirmatively provided in the following coverage forms or endorsements issued by us and only in respect to the coverage afforded in those coverage forms or endorsements. I n no event will this Endorsement broaden any coverage afforded in any coverage form or endorsement:
• Cyber Security Liability Coverage Form
• Cyber Security Liability Endorsement
• Building and Personal Property Coverage Form
• Fraudulent Inducement Insuring Agreement
• Fraudulent Inducement Insuring Agreement - Broad Form • Fraudulent Impersonation
• Fraudulent Impersonation Ultimate Cover
• Business Income and Extra Expense Coverage Form
• Computer Coverage Form

All other terms and conditions remain unchanged.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-CANXAICH-002 (05/11)

Page of
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR

CERTIFICATE HOLDER

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART

COMMERCIAL CRIME COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

COMMERCIAL AUTOMOBILE COVERAGE PART

SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS
AI or CH Additional Insured or Certificate Holder Address

The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part:

A. In the event we cancel the policy in accordance with the policy’s terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives.

1. days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium.

As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage.

AI Moffett Towers II Association LLC 4 Embarcadero Center, Ste 3620 Paul Holdings Inc. dba Jay Paul Co San Francisco, CA 94111 30 1 2
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-CANXAICH-002 (05/11)

Page of
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR

CERTIFICATE HOLDER

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART

COMMERCIAL CRIME COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

COMMERCIAL AUTOMOBILE COVERAGE PART

SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS
AI or CH Additional Insured or Certificate Holder Address

The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part:

1. days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium.

AI The Palo Alto Unified School District 25 Churchill Avenue Palo Alto, CA 94306
30 2 2
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-SAM-018 (05/19)

PI-SAM-018 (05/19)

Page 1 of 1 ends

Includes copyrighted material of Insurance Services Office, Inc., with permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ABSOLUTE ABUSE OR MOLESTATION EXCLUSION

PROFESSIONAL LIABILITY

The following exclusion applies to all professional liability coverages afforded in any coverage form or endorsement issued by us. When the applicable professional liability coverage:

A. C ontains an abuse or molestation exclusion, it is deleted in its entirety and replaced with the following; or

B. D oes not contain an abuse or molestation exclusion, the following is added:

This insurance does not apply to any loss, cost, expense, fine, penalty, act, error and omission, or damage alleging, arising out of or from, attributable to, or giving rise to any injury sustained by any person caused by the alleged, actual or threatened abuse or molestation by anyone.

We shall not have any duty to defend any “suit” against any insured on account of any such injury.

This exclusion applies to all injury sustained by any person, including emotional distress, arising out of molestation or abuse whether alleged, actual or threatened including but not limited to molestation or abuse arising out of your negligence or other wrongdoing with respect to:

1. a. Hiring, placement, employment, training;

b. Investigation;

c. Supervision;

d. Reporting any molestation or abuse to the proper authorities, or failure to so report; or

e. Retention

of a person for whom any insured is or ever was legally responsible or for whom any insured may have assumed the liability; and whose conduct would be excluded above; or

2. a. Failure to provide professional services to; or

b. Neglect of the therapeutic needs of,

any person because of the conduct which would be excluded above.

This endorsement is an absolute exclusion for abuse or molestation.

All other terms and conditions remain unchanged.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-TER-DN1 (01/15)

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Policy Number: Named Insured:

PHILADELPHIA INSURANCE COMPANIES

DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE REJECTION OPTION

You are hereby no tified th at under the Te rrorism Risk Insurance A ct, as amended, you have a right to purchase in surance coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the A ct: The term “act of terrorism” means any act or acts that are certified by the Secretary of the Tr easury—in consultation with the Secretary of Hom eland Security, and the A ttorney Gener al of the Uni ted States— to be an act of terrorism; to be a vio lent act or an act that is dange rous to human life, property, or infrastructur e; to have resulted in damage wi thin the United States, or outside the Uni ted States in the case of certain air carriers or ve ssels or the premises of a Un ited States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civ ilian population of the Un ited States or to influence the policy or affect the conduct of the United States Government by coercion.

YOU SHOUL D KNOW T HAT WHERE C OVERAGE IS PR OVIDED BY THIS POLICY FOR LOSSES RESULTI NG

FROM CERTIF IED ACTS OF TE RRORISM, SUCH LOSSES MAY B E PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FO RMULA ESTABLI SHED BY FEDER AL LAW. HOWEVER, YOUR POLICY

MAY C ONTAIN OTHER EXCL USIONS WHICH MIGHT A FFECT YOUR COVERAGE, SUCH AS AN EXCL USION FOR NU CLEAR EVENT S. UNDER T HE FORMULA, T HE UNITED S TATES GOVERNMENT GENERALLY REIMBURSES 85% THR OUGH 2015; 84% BEGI NNING ON JANUARY 1, 2016; 8 3% BEGINNING ON JANUARY 1, 2017; 82% BEGI NNING
ON JANUARY 1, 2018; 81% BEGI NNING ON JANUARY 1, 2019 and 80 % BEGINNING ON JANUARY 1, 2020, OF C OVERED TE RRORISM LOSSES EXC EEDING T HE STATUTORIL Y ESTABLISHED DEDUCTIBLE PAID BY T HE I NSURANCE COMPANY PROVIDING THE COVERAGE. T HE PR EMIUM CHARGED

FOR THIS COVERAGE IS PROVIDED ABOVE AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY B E COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.

YOU SHOULD ALSO KNOW THAT T HE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U. S. GOVERNMENT REIMBURSEMENT AS WELL AS I NSURERS’ LIABILITY FOR

LOSSES RESULTI NG FR OM CERTIFIED ACTS OF TE RRORISM WHEN T HE AM OUNT OF SUCH L OSSES IN ANY ONE CALEND AR YE AR EXC EEDS $100 BILLION. IF T HE AGGREGAT E INSURED LO SSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED.

Your attached proposal ( or policy) includes a char ge for te rrorism. We w ill issue ( or have iss ued) your policy with terrorism coverage unless you decline by placing an “X” in the box below.

NOTE 1: If ―included is shown on your proposal (or policy) f or terrorism you WI LL NOT have the option to reject the coverage.

NOTE 2: You will want to check with entities that have an interest in your organization as they may require that you maintain terrorism coverage (e.g. mortgagees).

EXCEPTION: If you have property coverage on your policy, the followi ng Standard Fire Policy st ates do not permi t an Insured to reject fire e nsuing from terrorism: CA, CT, GA, HI, IA, I L, ME, MA, MO, NJ, NY, NC, OR, RI, VA, WA, WV, WI. Theref ore, if y ou are domic iled in t he above s tates and reject t errorism coverage, you will still be charged for fire ensuing from terrorism as separately designated on your proposal.

Terrorism Premium (Certified Acts) $___________________________ PHPK2221777 Nanogan Science & Services LLC

16.00 DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C PI-TER-DN1 (01/15)

Page 2 of 2 ends

I decline to purchase t errorism coverage. I understand t hat I w ill have no coverage for losses aris ing fr om “ certified‟ acts of te rrorism, EXCEPT as noted above.

You, as the Insured, ha ve 30 days after r eceipt of th is notice to c onsider th e selection/rejection of “te rrorism” coverage . After th is 30 day period, a ny r equest fo r selection or rejection of terrorism coverage WILL NOT be honored.

REQUIRED IN GA – LIMITATION ON PAYMENT OF TERRORISM LOSSES (applies to policies which cover terrorism losses insured under the federal program, including those which only cover fire losses) The provisions of the T errorism Risk Insurance Ac t, as amende d, can limit o ur maximum liability for payment of losses from c ertified acts of terrorism. That de termination will be based on a f ormula set forth in the law involvi ng the n ational to tal of fed erally ins ured t errorism lo sses in an annual p eriod and individual ins urer participation i n payment of such losses. If one or more certified acts of terrorism in an annual period causes the maximum liability for payment of lo sses from c ertified acts of terrorism to be reache d, and we have satisfied our requir ed lev el of payments under the law, th en we will not pay for the portion of such losses above that maximum. However, that is subject to possible change at that time, as Congress may, und er the Ac t, determine that payments above the cap will be made.

INSURED’S SIGNATURE_
DATE
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

COMMERCIAL PROPERTY
CP 00 10 10 12

BUILDING AND PERSONAL PROPERTY

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 H. Definitions.

A. Coverage
We will pay for direct physical loss of or damage to
Covered Property at the premises described in the
Declarations caused by or resulting from any
Covered Cause of Loss.

1. Covered Property
Covered Property, as used in this Coverage
Part, means the type of property described in
this section, A.1., and limited in A.2. Property
Not Covered, if a Limit Of Insurance is shown
in the Declarations for that type of property.
a. Building, meaning the building or structure
described in the Declarations, including:
(1) Completed additions;
(2) Fixtures, including outdoor fixtures;
(3) Permanently installed:
(a) Machinery; and
(b) Equipment;
(4) Personal property ow ned by you that is
used to maintain or service the building
or structure or its premises, including:
(a) Fire-extinguishing equipment;
(b) Outdoor furniture;
(c) Floor coverings; and
(d) Appliances used for refrigerating,
ventilating, cooking, dishwashing or
laundering;
(5) If not covered by other insurance:
(a) Additions under construction,
alterations and repairs to the building
or structure;
(b) Materials, equipment, supplies and
temporary structures, on or within
100 feet of the described premises,
used for making additions,
alterations or repairs to the building
or structure.
b. Your Business Personal Property
consists of the following property located in
or on the building or structure described in
the Declarations or in the open (or in a
vehicle) within 100 feet of the building or
structure or within 100 feet of the premises
described in the Declarations, whichever
distance is greater:
(1) Furniture and fixtures;
(2) Machinery and equipment;
(3) "Stock";
(4) All other personal property owned by
you and used in your business;
(5) Labor, materials or services furnished or
arranged by you on personal property of
others;
(6) Your use interest as tenant in
improvements and betterments.

Improvements and betterments are
fixtures, alterations, installations or
additions:
(a) Made a part of the building or
structure you occupy but do not own;
and
(b) You acquired or made at your
expense but cannot legally remove;
(7) Leased personal property for which you
have a contractual responsibility to
insure, unless otherwise provided for
under Personal Property Of Others.
c. Personal Property Of Others that is:
(1) In your care, custody or control; and
(2) Located in or on the building or structure
described in the Declarations or in the
open (or in a vehicle) within 100 feet of
the building or structure or within 100
feet of the premises described in the
Declarations, whichever distance is
greater.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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However, our payment for loss of or
damage to personal property of others will
only be for the account of the owner of the
property.

2. Property Not Covered
Covered Property does not include:
a. Accounts, bills, curr ency, food stamps or
other evidences of debt, money, notes or
securities. Lottery tickets held for sale are
not securities;
b. Animals, unless owned by others and
boarded by you, or if owned by you, only as
"stock" while inside of buildings;
c. Automobiles held for sale;
d. Bridges, roadways, walks, patios or other
paved surfaces;
e. Contraband, or property in the course of
illegal transportation or trade;
f. The cost of excavations, grading, backfilling
or filling;
g. Foundations of buildings, structures,
machinery or boilers if their foundations are
below:
(1) The lowest basement floor; or
(2) The surface of the ground, if there is no
basement;
h. Land (including land on which the property
is located), water, growing crops or lawns
(other than lawns which are part of a
vegetated roof);
i. Personal property while airborne or
waterborne;
j. Bulkheads, pilings, piers, wharves or docks;
k. Property that is covered under another
coverage form of this or any other policy in
which it is more specifically described,
except for the excess of the amount due
(whether you can collect on it or not) from
that other insurance;
l. Retaining walls that are not part of a
building;
m. Underground pipes, flues or drains;
n. Electronic data, except as provided under
the Additional Coverage, Electronic Data.

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. This
paragraph, n., does not apply to your
"stock" of prepackaged software, or to
electronic data which is integrated in and
operates or controls t he building's elevator,
lighting, heating, ventilation, air conditioning
or security system;
o. The cost to replace or restore the
information on valuable papers and
records, including those which exist as
electronic data. Valuable papers and
records include but are not limited to
proprietary information, books of account,
deeds, manuscripts, abstracts, drawings
and card index systems. Refer to the
Coverage Extension for Valuable Papers
And Records (Other Than Electronic Data)
for limited coverage for valuable papers and
records other than those which exist as
electronic data;
p. Vehicles or self-propelled machines
(including aircraft or watercraft) that:
(1) Are licensed for use on public roads; or
(2) Are operated principally away from the
described premises.

This paragraph does not apply to:
(a) Vehicles or self-propelled machines
or autos you manufacture, process
or warehouse;
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

(b) Vehicles or self-propelled machines,
other than autos, you hold for sale;
(c) Rowboats or canoes out of water at
the described premises; or
(d) Trailers, but only to the extent
provided for in the Coverage
Extension for Non-owned Detached
Trailers; or
q. The following property while outside of
buildings:
(1) Grain, hay, straw or other crops;
(2) Fences, radio or television antennas
(including satellite dishes) and their
lead-in wiring, masts or towers, trees,
shrubs or plants (other than trees,
shrubs or plants which are "stock" or are
part of a vegetated roof), all except as
provided in the Coverage Extensions.

3. Covered Causes Of Loss
See applicable Causes Of Loss form as shown
in the Declarations.

4. Additional Coverages
a. Debris Removal
(1) Subject to Paragraphs (2), (3) and (4),
we will pay your expense to remove
debris of Covered Property and other
debris that is on the described premises,
when such debris is caused by or
results from a Covered Cause of Loss
that occurs during the policy period. The
expenses will be paid only if they are
reported to us in writing within 180 days
of the date of direct physical loss or
damage.
(2) Debris Removal does not apply to costs
to:
(a) Remove debris of property of yours
that is not insured under this policy,
or property in your possession that is
not Covered Property;
(b) Remove debris of property owned by
or leased to the landlord of the
building where your described
premises are located, unless you
have a contractual responsibility to
insure such property and it is insured
under this policy;
(c) Remove any property that is
Property Not Covered, including
property addressed under the
Outdoor Property Coverage
Extension;
(d) Remove property of others of a type
that would not be Covered Property
under this Coverage Form;
(e) Remove deposits of mud or earth
from the grounds of the described
premises;
(f) Extract "pollutants" from land or
water; or
(g) Remove, restore or replace polluted
land or water.
(3) Subject to the exceptions in Paragraph
(4), the following provisions apply:
(a) The most we will pay for the total of
direct physical loss or damage plus
debris removal expense is the Limit
of Insurance applicable to the
Covered Property that has sustained
loss or damage.
(b) Subject to (a) above, the amount we
will pay for debris removal expense
is limited to 25% of the sum of the
deductible plus the amount that we
pay for direct physical loss or
damage to the Covered Property that
has sustained loss or damage.

However, if no Covered Property has
sustained direct physical loss or
damage, the most we will pay for
removal of debris of other property (if
such removal is covered under this
Additional Coverage) is $5,000 at
each location.
(4) We will pay up to an additional $25,000
for debris removal expense, for each
location, in any one occurrence of
physical loss or damage to Covered
Property, if one or both of the following
circumstances apply:
(a) The total of the actual debris removal
expense plus the amount we pay for
direct physical loss or damage
exceeds the Limit of Insurance on
the Covered Property that has
sustained loss or damage.
(b) The actual debris removal expense
exceeds 25% of the sum of the
deductible plus the amount that we
pay for direct physical loss or
damage to the Covered Property that
has sustained loss or damage.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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Therefore, if (4)(a) and/or (4)(b) applies,
our total payment for direct physical loss
or damage and debris removal expense
may reach but will never exceed the
Limit of Insurance on the Covered
Property that has sustained loss or
damage, plus $25,000.
(5) Examples
The following examples assume that
there is no Coinsurance penalty.

Example 1
Limit of Insurance: $ 90,000
Amount of Deductible: $ 500
Amount of Loss: $ 50,000
Amount of Loss Payable: $ 49,500
($50,000 – $500)
Debris Removal Expense: $ 10,000
Debris Removal Expense Payable: $ 10,000
($10,000 is 20% of $50,000.)
The debris removal expense is less than 25% of the
sum of the loss payable plus the deductible. The sum
of the loss payable and the debris removal expense
($49,500 + $10,000 = $59,500) is less than the Limit
of Insurance. Therefore, the full amount of debris
removal expense is payable in accordance with the
terms of Paragraph (3).

Example 2
Limit of Insurance: $ 90,000
Amount of Deductible: $ 500
Amount of Loss: $ 80,000
Amount of Loss Payable: $ 79,500
($80,000 – $500)
Debris Removal Expense: $ 40,000
Debris Removal Expense Payable
Basic Amount: $ 10,500

Additional Amount: $ 25,000
The basic amount payable for debris removal
expense under the terms of Paragraph (3) is
calculated as follows: $80,000 ($79,500 + $500) x .25
= $20,000, capped at $10,500. The cap applies
because the sum of the loss payable ($79,500) and
the basic amount payable for debris removal expense
($10,500) cannot exceed the Limit of Insurance
($90,000).

The additional amount payable for debris removal
expense is provided in accordance with the terms of
Paragraph (4), because the debris removal expense
($40,000) exceeds 25% of the loss payable plus the
deductible ($40,000 is 50% of $80,000), and because
the sum of the loss payable and debris removal
expense ($79,500 + $40,000 = $119,500) would
exceed the Limit of Insurance ($90,000). The
additional amount of covered debris removal expense
is $25,000, the maximum payable under Paragraph
(4). Thus, the total payable for debris removal
expense in this example is $35,500; $4,500 of the
debris removal expense is not covered.
b. Preservation Of Property
If it is necessary to move Covered Property
from the described premises to preserve it
from loss or damage by a Covered Cause
of Loss, we will pay for any direct physical
loss or damage to that property:
(1) While it is being moved or while
temporarily stored at another location;
and
(2) Only if the loss or da mage occurs within
30 days after the property is first moved.
c. Fire Department Service Charge
When the fire department is called to save
or protect Covered Property from a
Covered Cause of Loss , we will pay up to
$1,000 for service at each premises
described in the Declarations, unless a
higher limit is shown in the Declarations.

Such limit is the most we will pay
regardless of the number of responding fire
departments or fire units, and regardless of
the number or type of services performed.

This Additional Coverage applies to your
liability for fire department service charges:
(1) Assumed by contract or agreement prior
to loss; or
(2) Required by local ordinance.

No Deductible applies to this Additional
Coverage.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

d. Pollutant Clean-up And Removal
We will pay your expense to extract
"pollutants" from land or water at the
described premises if the discharge,
dispersal, seepage, migration, release or
escape of the "pollutants" is caused by or
results from a Covered Cause of Loss that
occurs during the policy period. The
expenses will be paid only if they are
reported to us in writing within 180 days of
the date on which the Covered Cause of
Loss occurs.

This Additional Coverage does not apply to
costs to test for, monitor or assess the
existence, concentration or effects of
"pollutants". But we will pay for testing
which is performed in the course of
extracting the "pollutants" from the land or
water.

The most we will pay under this Additional
Coverage for each described premises is
$10,000 for the sum of all covered
expenses arising out of Covered Causes of
Loss occurring during each separate 12-
month period of this policy.
e. Increased Cost Of Construction
(1) This Additional Coverage applies only to
buildings to which the Replacement
Cost Optional Coverage applies.
(2) In the event of damage by a Covered
Cause of Loss to a building that is
Covered Property, we will pay the
increased costs incurred to comply with
the minimum standards of an ordinance
or law in the course of repair, rebuilding
or replacement of damaged parts of that
property, subject to the limitations stated
in e.(3) through e.(9) of this Additional
Coverage.
(3) The ordinance or law referred to in e.(2)
of this Additional Coverage is an
ordinance or law that regulates the
construction or repair of buildings or
establishes zoning or land use
requirements at the described premises
and is in force at the time of loss.
(4) Under this Additional Coverage, we will
not pay any costs due to an ordinance
or law that:
(a) You were required to comply with
before the loss, even when the
building was undamaged; and
(b) You failed to comply with.
(5) Under this Additional Coverage, we will
not pay for:
(a) The enforcement of or compliance
with any ordinance or law which
requires demolition, repair,
replacement, reconstruction,
remodeling or remediation of
property due to contamination by
"pollutants" or due to the presence,
growth, proliferation, spread or any
activity of "fungus", wet or dry rot or
bacteria; or
(b) Any costs associated with the
enforcement of or compliance with
an ordinance or law which requires
any insured or others to test for,
monitor, clean up, remove, contain,
treat, detoxify or neutralize, or in any
way respond to, or assess the
effects of "pollutants", "fungus", wet
or dry rot or bacteria.
(6) The most we will pay under this
Additional Coverage, for each described
building insured under this Coverage
Form, is $10,000 or 5% of the Limit of
Insurance applicable to that building,
whichever is less. If a damaged building
is covered under a blanket Limit of
Insurance which applies to more than
one building or item of property, then the
most we will pay under this Additional
Coverage, for that damaged building, is
the lesser of $10,000 or 5% times the
value of the damaged building as of the
time of loss times the applicable
Coinsurance percentage.

The amount payable under this
Additional Coverage is additional
insurance.
(7) With respect to this Additional
Coverage:
(a) We will not pay for the Increased
Cost of Construction:
(i) Until the property is actually
repaired or replaced at the same
or another premises; and
(ii) Unless the repair or replacement
is 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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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(b) 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 for the Increased
Cost of Construction, subject to the
provisions of e.(6) of this Additional
Coverage, is the increased cost of
construction at the same premises.
(c) If the ordinance or law requires
relocation to another premises, the
most we will pay for the Increased
Cost of Construction, subject to the
provisions of e.(6) of this Additional
Coverage, is the increased cost of
construction at the new premises.
(8) This Additional Coverage is not subject
to the terms of the Ordinance Or Law
Exclusion to the extent that such
Exclusion would conflict with the
provisions of this Additional Coverage.
(9) The costs addressed in the Loss
Payment and Valuation Conditions and
the Replacement Cost Optional
Coverage, in this Coverage Form, do
not include the increased cost
attributable to enforcement of or
compliance with an ordinance or law.

The amount payable under this
Additional Coverage, as stated in e.(6)
of this Additional Coverage, is not
subject to such limitation.
f. Electronic Data
(1) Under this Additional Coverage,
electronic data has the meaning
described under Property Not Covered,
Electronic Data. This Additional
Coverage does not apply to your "stock"
of prepackaged software, or to
electronic data which is integrated in
and operates or controls the building's
elevator, lighting, heating, ventilation, air
conditioning or security system.
(2) Subject to the provisions of this
Additional Coverage, we will pay for the
cost to replace or restore electronic data
which has been destroyed or corrupted
by a Covered Cause of Loss. To the
extent that electronic data is not
replaced or restored , the loss will be
valued at the cost of replacement of the
media on which the electronic data was
stored, with blank media of substantially
identical type.
(3) The Covered Causes of Loss applicable
to Your Business Personal Property
apply to this Additional Coverage,
Electronic Data, subject to the following:
(a) If the Causes Of Loss – Special
Form applies, coverage under this
Additional Coverage, 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
Additional 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 additional Covered Cause
of Loss does not apply to the
coverage provided under this
Additional Coverage, Electronic
Data.
(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 loss or damage caused by or
resulting from 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, modify, maintain, repair or
replace that system.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

(4) The most we will pay under this
Additional Coverage, Electronic Data, is
$2,500 (unless a higher limit is shown in
the Declarations) for all loss or damage
sustained in any one policy year,
regardless of the number of occurrences
of loss or damage or the number of
premises, locations or computer
systems involved. If loss payment on the
first occurrence does not exhaust this
amount, then the balance is available 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.

5. Coverage Extensions
Except as otherwise provided, the following
Extensions apply to property located in or on
the building described in the Declarations or in
the open (or in a vehicle) within 100 feet of the
described premises.

If a Coinsurance percentage of 80% or more,
or a Value Reporting period symbol, is shown
in the Declarations, you may extend the
insurance provided by this Coverage Part as
follows:
a. Newly Acquired Or Constructed
Property
(1) Buildings
If this policy covers Building, you may
extend that insurance to apply to:
(a) Your new buildings while being built
on the described premises; and
(b) Buildings you acquire at locations,
other than the described premises,
intended for:
(i) Similar use as the building
described in the Declarations; or
(ii) Use as a warehouse.

The most we will pay for loss or damage
under this Extension is $250,000 at
each building.
(2) Your Business Personal Property
(a) If this policy covers Your Business
Personal Property, you may extend
that insurance to apply to:
(i) Business personal property,
including such property that you
newly acquire, at any location
you acquire other than at fairs,
trade shows or exhibitions; or
(ii) Business personal property,
including such property that you
newly acquire, located at your
newly constructed or acquired
buildings at the location
described in the Declarations.

The most we will pay for loss or
damage under this Extension is
$100,000 at each building.
(b) This Extension does not apply to:
(i) Personal property of others that
is temporarily in your possession
in the course of installing or
performing work on such
property; or
(ii) Personal property of others that
is temporarily in your possession
in the course of your
manufacturing or wholesaling
activities.
(3) Period Of Coverage
With respect to insurance provided
under this Coverage Extension for
Newly Acquired Or Constructed
Property, coverage will end when any of
the following first occurs:
(a) This policy expires;
(b) 30 days expire after you acquire the
property or begin construction of that
part of the building that would qualify
as covered property; or
(c) 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 building
that would qualify as covered property.

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b. Personal Effects And Property Of Others
You may extend the insurance that applies
to Your Business Personal Property to
apply to:
(1) Personal effects ow ned by you, your
officers, your partners or members, your
managers or your employees. This
Extension does not apply to loss or
damage by theft.
(2) Personal property of others in your care,
custody or control.

The most we will pay for loss or damage
under this Extension is $2,500 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.
c. Valuable Papers And Records (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 information on
valuable papers and records for which
duplicates do not exist. But this
Extension does not apply to valuable
papers and records which exist as
electronic data. Electronic data has the
meaning described under Property Not
Covered, Electronic Data.
(2) If the Causes Of Loss – Special Form
applies, coverage under this Extension
is limited 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 Extension
includes Collapse as set forth in that
form.
(4) Under this Extension, the most we will
pay to replace or restore the lost
information is $2,500 at each described
premises, unless a higher limit is shown
in the Declarations. Such amount is
additional insurance. We will also pay
for the cost of blank material for
reproducing the records (whether or not
duplicates exist) and (when there is a
duplicate) for the cost of labor to
transcribe or copy the records. 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 additional insurance.
d. Property Off-premises
(1) You may extend the insurance provided
by this Coverage Form to apply to your
Covered Property while it is away from
the described premises, if it is:
(a) Temporarily at a location you do not
own, lease or operate;
(b) In storage at a location you lease,
provided the lease was executed
after the beginning of the current
policy term; or
(c) At any fair, trade show or exhibition.
(2) This Extension does not apply to
property:
(a) In or on a vehicle; or
(b) In the care, custody or control of
your salespersons, unless the
property is in such care, custody or
control at a fair, trade show or
exhibition.
(3) The most we will pay for loss or damage
under this Extension is $10,000.
e. Outdoor Property
You may extend the insurance provided by
this Coverage Form to apply to your
outdoor fences, radio and television
antennas (including satellite dishes), trees,
shrubs and plants (other than trees, shrubs
or plants which are "stock" or are part of a
vegetated roof), including debris removal
expense, caused by or resulting from any of
the following causes of loss if they are
Covered Causes of Loss:
(1) Fire;
(2) Lightning;
(3) Explosion;
(4) Riot or Civil Commotion; or
(5) Aircraft.

The most we will pay for loss or damage
under this Extension is $1,000, but not
more than $250 for any one tree, shrub or
plant. These limits apply to any one
occurrence, regardless of the types or
number of items lost or damaged in that
occurrence.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

Subject to all aforementioned terms and
limitations of coverage, this Coverage
Extension includes the expense of
removing from the described premises the
debris of trees, shrubs and plants which are
the property of others, except in the
situation in which you are a tenant and such
property is owned by the landlord of the
described premises.
f. Non-owned Detached Trailers
(1) You may extend the insurance that
applies to Your Business Personal
Property to apply to loss or damage to
trailers that you do not own, provided
that:
(a) The trailer is used in your business;
(b) The trailer is in your care, custody or
control at the premises described in
the Declarations; and
(c) You have a contract ual responsibility
to pay for loss or damage to the
trailer.
(2) We will not pay for any loss or damage
that occurs:
(a) While the trailer is attached to any
motor vehicle or motorized
conveyance, whether or not the
motor vehicle or motorized
conveyance is in motion;
(b) During hitching or unhitching
operations, or when a trailer
becomes accidentally unhitched from
a motor vehicle or motorized
conveyance.
(3) The most we will pay for loss or damage
under this Extension is $5,000, unless a
higher limit is shown in the Declarations.
(4) This insurance is excess over the
amount due (whether you can collect on
it or not) from any other insurance
covering such property.
g. Business Personal Property Temporarily
In Portable Storage Units
(1) You may extend the insurance that
applies to Your Business Personal
Property to apply to such property while
temporarily stored in a portable storage
unit (including a detached trailer)
located within 100 feet of the building or
structure described in the Declarations
or within 100 feet of the premises
described in the Declarations, whichever
distance is greater.
(2) If the applicable Covered Causes of
Loss form or endorsement contains a
limitation or exclusion concerning loss or
damage from sand, dust, sleet, snow,
ice or rain to property in a structure,
such limitation or exclusion also applies
to property in a portable storage unit.
(3) Coverage under this Extension:
(a) Will end 90 days a fter the business
personal property has been placed in
the storage unit;
(b) Does not apply if the storage unit
itself has been in use at the
described premises for more than 90
consecutive days, even if the
business personal property has been
stored there for 90 or fewer days as
of the time of loss or damage.
(4) Under this Extension, the most we will
pay for the total of all loss or damage to
business personal property is $10,000
(unless a higher limit is indicated in the
Declarations for such Extension)
regardless of the number of storage
units. Such limit is part of, not in addition
to, the applicable Limit of Insurance on
Your Business Personal Property.

Therefore, payment under this
Extension will not increase the
applicable Limit of Insurance on Your
Business Personal Property.
(5) This Extension does not apply to loss or
damage otherwise covered under this
Coverage Form or any endorsement to
this Coverage Form or policy, and does
not apply to loss or damage to the
storage unit itself.

Each of these Extensions is additional
insurance unless otherwise indicated. The
Additional Condition, Coinsurance, does not
apply to these Extensions.

B. Exclusions And Limitations
See applicable Causes Of Loss form as shown in
the Declarations.

C. Limits Of Insurance
The most we will pay for loss or damage in any
one occurrence is the applicable Limit Of
Insurance shown in the Declarations.

The most we will pay fo r loss or damage to
outdoor signs, whether or not the sign is attached
to a building, is $2,500 per sign in any one
occurrence.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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The amounts of insurance stated in the following
Additional Coverages apply in accordance with the
terms of such coverages and are separate from
the Limit(s) Of Insurance shown in the
Declarations for any other coverage:

1. Fire Department Service Charge;

2. Pollutant Clean-up And Removal;

3. Increased Cost Of Construction; and

4. Electronic Data.

Payments under the Preservation Of Property
Additional Coverage will not increase the
applicable Limit of Insurance.

D. Deductible
In any one occurrence of loss or damage
(hereinafter referred to as loss), we will first reduce the amount of loss if required by the Coinsurance
Condition or the Agreed Value Optional Coverage.

If the adjusted amount of loss is less than or equal
to the Deductible, we will not pay for that loss. If
the adjusted amount of loss exceeds the
Deductible, we will then subtract the Deductible
from the adjusted amount of loss and will pay the
resulting amount or the Limit of Insurance,
whichever is less.

When the occurrence involves loss to more than
one item of Covered Property and separate Limits
of Insurance apply, the losses will not be
combined in determining application of the
Deductible. But the Deductible will be applied only
once per occurrence.

Example 1
(This example assumes there is no Coinsurance
penalty.)
Deductible: $ 250
Limit of Insurance
– Building 1: $ 60,000
Limit of Insurance – Building 2: $ 80,000
Loss to Building 1: $ 60,100
Loss to Building 2: $ 90,000
The amount of loss to Building 1 ($60,100) is less
than the sum ($60,250) of the Limit of Insurance
applicable to Building 1 plus the Deductible.

The Deductible will be subtracted from the amount of
loss in calculating the loss payable for Building 1:
$ 60,100
– 250
$ 59,850 Loss Payable – Building 1
The Deductible applies once per occurrence and
therefore is not subtracted in determining the amount
of loss payable for Building 2. Loss payable for
Building 2 is the Limit of Insurance of $80,000.

Total amount of loss payable:
$59,850 + $80,000 = $139,850
Example 2
(This example, too, assumes there is no Coinsurance
penalty.)
The Deductible and Limits of Insurance are the same
as those in Example 1.

Loss to Building 1: $ 70,000
(Exceeds Limit of Insurance plus Deductible)
Loss to Building 2: $ 90,000
(Exceeds Limit of Insurance plus Deductible)
Loss Payable
– Building 1: $ 60,000
(Limit of Insurance)
Loss Payable – Building 2: $ 80,000
(Limit of Insurance)
Total amount of loss payable: $ 140,000
E. Loss Conditions
The following conditions apply in addition to the
Common Policy Conditions and the Commercial
Property Conditions:

1. Abandonment
There can be no abandonment of any property
to us.

2. Appraisal
If we and you disagree on the value of the
property 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 stat e separately the value
of the property and 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.

3. Duties In The Event Of Loss Or Damage
a. You must see that the following are done in
the event of loss or damage to Covered
Property:
(1) Notify the police if a law may have been
broken.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

(2) Give us prompt notice of the 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
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) At our request, give us complete
inventories of the damaged and
undamaged property. Include quantities,
costs, values and amount of loss
claimed.
(6) 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.
(7) 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.
(8) Cooperate with us in the investigation or
settlement of the claim.
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.

4. Loss Payment
a. In the event of loss or damage covered by
this Coverage Form, at our option, we will
either:
(1) Pay the value of lost or damaged
property;
(2) Pay the cost of repairing or replacing the
lost or damaged property, subject to b.
below;
(3) Take all or any part of the property at an
agreed or appraised value; or
(4) Repair, rebuild or replace the property
with other property of like kind and
quality, subject to b. below.

We will determine the value of lost or
damaged property, or the cost of its repair
or replacement, in accordance with the
applicable terms of the Valuation Condition
in this Coverage Form or any applicable
provision which amends or supersedes the
Valuation Condition.
b. The cost to repair, rebuild or replace 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.
c. We will give notice of our intentions within
30 days after we receive the sworn proof of
loss.
d. We will not pay you more than your
financial interest in the Covered Property.
e. We may adjust losses with the owners of
lost or damaged property if other than you.

If we pay the owners, such payments will
satisfy your claims against us for the
owners' property. We will not pay the
owners more than their financial interest in
the Covered Property.
f. We may elect to defend you against suits
arising from claims of owners of property.

We will do this at our expense.
g. We will pay for covered loss or damage
within 30 days after we receive the sworn
proof of loss, if you have complied with all
of the terms of this Coverage Part, and:
(1) We have reached agreement with you
on the amount of loss; or
(2) An appraisal award has been made.

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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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

COMMERCIAL PROPERTY
CP 00 30 10 12

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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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;
DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

(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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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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).

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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.

DocuSign Envelope ID: 568CE02B-DA70-4DF5-A806-7B3E33DB6D2C

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Fremont City CouncilOctober 18, 2022

Fremont City Council
October 18, 2022