Cities Index.
Agenda

Gilroy City Council
February 5, 2024

Document
Agenda
Meeting
February 5, 2024
Body
Gilroy City Council
Pages
597
Original file
157.1 MB
Text extracted from the city's file for reading and search. Open the original on gilroyca.api.civicclerk.com. That file is the official record.

EXCLUSION – ASBESTOS OR ASBESTOS– RELATED
DUST
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following is added to Paragraph 2. Exclusions of
Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Asbestos Or Asbestos-Related Dust
a. Any " injury or damage" caused by or arising,
directly or indirectly, in whole or in part out of:
1) The actual, alleged, threatened, or
suspected inhalation, ingestion, absorption,
consumption, existence, application,
presence or use of, contact with, or exposure
to asbestos or asbestos-related dust in any
form;
2) The handling, distribution, sale, processing,
repackaging, testing, analyzing, marketing,
production, manufacturing, storage,
delivery, transport, warehousing, use,
disposal, or removal of asbestos or
asbestos-related dust, whether or not it is
incorporated into your product or your work;
3) Any vapor, gas, dust, fumes, or any
substance in any form produced by or arising
out of any process or procedure involving
asbestos or asbestos-related dust; or
4) Any goods, products, or materials to which
asbestos or asbestos-related dust has been
applied or incorporated into by any party,
including, but not limited to, any
manufacturer, processor, or distributor of
such goods, products, or materials.
b. Any loss, cost, or expense arising out of any:
1) Request, demand, order, or statutory or
regulatory requirement that any insured or
others abate, test for, monitor, clean up,
remove, remediate, contain, treat, detoxify,
neutralize, dispose of, or in any way respond
to, or assess the existence or effects of
asbestos or asbestos-related dust, by any
insured or by any other person or entity.
2) Claim or suit brought by or on behalf of a
governmental authority for damages
because of testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying, neutralizing, disposing of, or in
any way responding to or assessing the
effects of asbestos or asbestos-related dust.

This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in:
a. The providing of instructions, warnings, or
labeling;
b. The supervision, hiring, employment,
training, or monitoring of others by that
insured; or
c. The rendering of or failure to render aid,
medical or otherwise, to any person.

All other terms and conditions of thisPolicy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 142 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0097 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Page 1 of 1 ends

EXCLUSION - INJURY TO INDEPENDENT

CONTRACTORS/ SUBCONTRACTORS
This endorsement modifies insurance provided under the following:

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

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Injury To Independent
Contractors/Subcontractors
a. Any bodily injury or personal and
advertising injury to:
1) Any " independent contractors/
subcontractors"; or
2) Any " employee" of any " independent
contractors/ subcontractors"
hired to do work for or on behalf of any
insured or any tenant of any insured that
arises out of and in the course of:
1) Employment by any insured; or
2) Directly or indirectly performing duties
related to the conduct of any insured's
business; or
b. The spouse, child, parent, brother or sister
of any " independent contractors/
subcontractors" or any " employee" of any
independent contractors/ subcontractors"
as a consequence of Paragraph a. above.

This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, even if the "event" which caused
the bodily injury or personal and advertising
injury involved the rendering of or failure to
render any service.

B. The following are added to the Definitions
Section:

Employee" as used herein means a person
working for salary or wages, or any substitute for
salary or wages, as compensation in any manner
by any " independent contractors/subcontractors",
under any contract of hire, express or implied, oral
or written, where the " independent
contractors/ subcontractors" have the power or
right to control and direct the " employee".

Employee" includes a person hired by the hour,
day or any other irregular or intermittent period.

Employee" includes a " leased worker" or
temporary worker".

Independent contractors/subcontractors" as used
herein means a person or entity that agrees (orally
or in writing) to provide all or some portion of the
work or service which you have agreed to perform,
regardless of who exercises control over the
means or methods used in doing the work or
performing the service.

Leased worker" as used herein means a person
leased to any " independent contractors/
subcontractors" by a labor leasing firm under an
agreement between any " independent
contractors/subcontractors" and the labor leasing
firm, to perform duties related to the conduct of
any " independent contractors/ subcontractors"
business. " Leased worker" does not include a
temporary worker".

Temporary worker" as used herein means a
person who is furnished to any " independent
contractors/ subcontractors" to substitute for a
permanent " employee" on leave or to meet
seasonal or short-term workload conditions.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 143 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0099 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Page 1 of 1 ends

LIMITATION -

INDEPENDENT CONTRACTORS/ SUBCONTRACTORS
Index:FormName":=" IFG-FX-0099 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

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

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Independent Contractors/Subcontractors
Any "injury or damage" or "ultimate net loss" for
any loss, cost or expense caused by, arising
out of or resulting from, in whole or in part by
the act(s) of any " independent
contractors/ subcontractors" unless all of the
conditions in paragraph B. of this endorsement
are met.

B. The following condition is added to Section III –
Conditions:

Independent Contractors/Subcontractors
Special Conditions
a. You will obtain a written agreement from all
independent contractors/subcontractors":
1) Holding you harmless to the fullest extent of
the law from all theories of liability ( direct or
vicarious) asserted against any insured,
including but not limited to all theories of
negligence, gross negligence, recklessness
or intentional tort, alleged or actual, caused
by or arising out of any wrongdoing related
to the work or operations performed by the
independent contractors/ subcontractors"
on your behalf; and
2) That states you are named as an additional
insured for ongoing operations and
products- completed operations hazard on
their Commercial General Liability
insurance policy.
b. Commercial General Liability coverage is
purchased and maintained by the "independent
contractors/subcontractors":
1) That is equal to or broader than the
coverage( s) provided by the Commercial
General Liability policy listed in the
Schedule Of " Controlling Underlying
Insurance"; and
2) That includes coverage stating that you are
named as an additional insured for ongoing
operations and products-completed
operations hazard.
c. You will obtain certificates of insurance from all
independent contractors/subcontractors"
providing evidence of valid and enforceable
Commercial General Liability insurance
coverage that includes but is not limited to:
1) Products-completed operations hazard; and
2) Contractual liability
on an occurrence basis with limits of at least
1,000,000 per occurrence limit.

C. The following is added to the Definitions Section:

Independent contractors/subcontractors" as used
herein means a person or entity that agrees (orally
or in writing) to provide all or some portion of the
work or service which you have agreed to perform,
regardless of who exercises control over the
means or methods used in doing the work or
performing the service.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 144 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0103 05 16 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Page 1 of 1 ends

AMENDMENT OF PREMIUM CONDITIONS
Index:FormName":=" IFG-FX-0103 05 16"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
Paragraph 9. Premium Audit of Section III –
Conditions is replaced by the following:

9. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. If this policy is auditable, the premium shown in
this Coverage Part as Total Policy Premium Or
Deposit premium is a minimum and deposit
premium only. At the close of each audit period
we will compute the earned premium for that
period. Audit premiums are due and payable
on notice to the first Named Insured. If the total
earned premium for the policy period is less
than the Total Policy Premium Or Deposit
Premium, the Total Policy Premium Or Deposit
Premium is the minimum premium and is not
subject to further adjustment.
c. The first Named Insured must keep records of
the information we need for premium
computation and permit us to audit these
records or, at our option, send us copies at
such times as we may request.
d. Should you not cooperate with the terms of this
condition, including failure to return any
questionnaires or self-audit worksheets
applying to this or a prior policy term, we may,
at our discretion, nonrenew the policy due to
our inability to establish a proper premium.

We reserve the right to accept coverage based
upon the policy advance, or minimum and deposit
premium, and we are not obligated to perform an
audit.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 145 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0131 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Page 1 of 1 ends

EXCLUSION - DISCRIMINATION
Index:FormName":=" IFG-FX-0131 07 17"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|"Image:YDisplace":="- 0.1875"|~

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

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Discrimination
Any " injury or damage" caused by or arising, in
whole or in part, out of an actual, alleged, or
threatened act or omission of discrimination,
whether intentional or unintentional, based upon a
person's gender, sexual preference, marital status,
race, creed, religion, national origin, age, physical
capabilities, characteristics or condition, mental
capabilities or condition, or any other protected
class under any federal, state, municipal or local
statute, ordinance, rule, order or regulation.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 146 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0140 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Page 1 of 1 ends

EXCLUSION – BREACH OF CONTRACT
This endorsement modifies insurance provided under the following:

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

Exclusions of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Breach Of Contract
Any "injury or damage", cost or expense caused by
or arising out of, resulting from, or contributed to in any way by, any breach of contract, including
breach of an implied in law or implied in fact
contract, whether express or oral.

All other terms and conditions of this Policy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 147 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0145 03 21 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Page 1 of 1 ends

EXCLUSION – TOXIC SUBSTANCES
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following is added to Paragraph 2. Exclusions
of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Toxic Substances
Any " injury or damage" caused by or arising,
directly or indirectly, in whole or in part out of:
a. Coal dust;
b. Polychlorinated biphenyls (PCBs);
c." Benzene";
d. Talc;
e. Dioxin;
f. Pesticides, herbicides, fungicides;
g." Toluene";
h." Formaldehyde";
i." Phthalates";
j." Methanol"; or
k. Any substance, material, compound,
chemical, resin, extract, or any other
derivative, product, by-product, mixture, or
combination that consists of or contains any
of the foregoing listed in subparagraphs a. -
j., in any shape or form, or any derivative
thereof, including, but not limited to, gels,
powders, liquids, solids, or vapors.

This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in:
a. The providing of instructions, warnings, or
labeling;
b. The supervision, hiring, employment, training, or
monitoring of others by that insured; or
c. The rendering of or failure to render aid, medical
or otherwise to any person.

B. For the purposes of this endorsement, the following
is added to the Definitions section:

Benzene" ( CAS No. 71-43-2) means an aromatic
hydrocarbon, also known as Benzol, Benzole, and
Cyclohexatriene in any form, including any
chemical compound, derivative, or by-product
thereof.

Toluene" ( CAS No. 108-88-3) means a colorless
liquid aromatic hydrocarbon, also known as
methylbenzene, toluol, tolu-sol, or phenylmethane
in any form, including any chemical compound,
derivative, or by-product thereof.

Formaldehyde" ( CAS No. 50-00-0) means an
organic compound, also known as Methanal,
Methylene Oxide, Formalin (aqueous solution), and
Formol in any form, including any chemical
compound, derivative, or by-product thereof.

Phthalates" means a salt of phthalic acid, an ester
of phthalic acid, or an anion of phthalic acid in any
form, including any chemical compound, derivative,
or by-product thereof.

Methanol" ( CAS No. 67-56-1) means an organic
compound, also known as Methyl Alcohol, Wood
Alcohol, and Carbinol in any form, including any
chemical compound, derivative, or by-product
thereof.

All other terms and conditions of thisPolicy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 148 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0163 04 15 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Page 1 of 1 ends

EXCLUSION – CROSS SUITS – NAMED INSURED VERSUS

NAMED INSURED
Index:FormName":=" IFG-FX-0163 04 15"|~
This endorsement modifies insurance provided under the following:

Image:XDisplace":="- 0.25"|~ ~|" Image:YDisplace":="- 0.1875"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to 2. Exclusions
of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage part
does not apply to:

Cross Suits – Named Insured Versus
Named Insured
Any claim for damages by any " Named
Insured" against another " Named Insured"
because of "injury or damage".

B. For the purposes of this endorsement, the
following is added to the Definitions Section:

Named Insured" means any party listed as a
Named Insured on the Common Declaration Page
of the policy and any party qualifying as an insured
under Section II – Who Is An Insured, but
excluding any party qualifying as such under any
Additional Insured endorsement.

All other terms and conditions of this Policy
remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 149 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0169 07 17 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Page 1 of 1 ends

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

Index:FormName":="IFG-FX-0169 07 17"|~

COMMERCIAL EXCESS LIABILITY COVERAGE PART
Exclusion c. under Paragraph 2. Exclusions of
Section I – Coverages is replaced by the following:

Insurance provided under this Coverage Part does
not apply to:

2. Exclusions
c. Pollution
1)" Injury or damage" caused by or arising,
directly or indirectly, in whole or part out of
the actual, alleged or threatened discharge,
dispersal, disposal, seepage, migration,
release or escape of " pollutants" at any
time; or
2) Any loss, cost or expense caused by or
arising, directly or indirectly, in whole or in
part out of any:
a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pollutants"; or
b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".

This exclusion applies whether or not such
pollutants" have any function in your business,
operations, premises, site or location or
constitutes your product or is a component of your
product or products you use.

All other terms and conditions of this Policy
remain unchanged.

Image:XDisplace":="- 0.25"|~
Image:YDisplace":="- 0.1875"|~
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 150 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0188 11 21 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Page 1 of 1 ends

EXCLUSION – SILICA OR OTHER SIMILAR FIBROUS OR

MINERAL SUBSTANCES
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following is added to Paragraph 2. Exclusions
of Section I – Coverages:

2. Exclusions
Insurance provided under this Coverage Part
does not apply to:

Silica Or Other Similar Fibrous Or Mineral
Substances
a. Any "injury or damage" caused by or arising,
directly or indirectly, in whole or in part out
of:
1) The actual, alleged, threatened, or
suspected inhalation, ingestion,
absorption, consumption, existence,
application, presence or use of, contact
with, or exposure to "silica", or any other
similar fibrous or mineral substance in
any form;
2) The handling, distribution, sale,
processing, repackaging, testing,
analyzing, marketing, production,
manufacturing, storage, delivery,
transport, warehousing, use, or disposal
of "silica", or any other similar fibrous or
mineral substance in any form whether or
not it is incorporated into your product or
your work;
3) Any vapor, gas, dust, fumes, or any
substance in any form produced by or
arising out of any process or procedure
involving " silica", or any other similar
fibrous or mineral substance in any form;
or
4) Any goods, products, or materials to
which "silica", or any other similar fibrous
or mineral substance in any form has
been applied or incorporated into by any
party, including, but not limited to, any
manufacturer, processor, or distributor of
such goods, products, or materials.
b. Any loss, cost, or expense arising out of any:
1) Request, demand, order, or statutory or
regulatory requirement that any insured or
others abate, test for, monitor, clean up,
remove, remediate, contain, treat, detoxify,
neutralize, dispose of, or in any way respond
to or assess the existence or effects of
silica", or any other similar fibrous or
mineral substance in any form by any
insured or by any other person or entity.
2) Claim or suit brought by or on behalf of a
governmental authority for damages
because of testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying, neutralizing, disposing of, or in
any way responding to, or assessing the
effects of "silica", or any other similar fibrous
or mineral substance in any form.

This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in:
a. The providing of instructions, warnings, or
labeling;
b. The supervision, hiring, employment,
training, or monitoring of others by that
insured; or
c. The rendering of or failure to render aid,
medical or otherwise, to any person.

B. For the purposes of this endorsement, the following
is added to the Definitions section:

Silica" ( CAS No. 7631-86-9) means a chemical
compound of silicon and oxygen, also known as
Silicon Dioxide, Quartz and Cristobalite in dust or
any other form, including any chemical compound,
derivative, or by-product thereof.

All other terms and conditions of thisPolicy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 151 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0221 03 22 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Page 1 of 1 ends

ANTI-STACKING OF LIMITS
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following is added to Section III – Conditions
of the Commercial Excess Liability Coverage Form:

Anti-Stacking Of Limits
If any " event" covered under this policy is also
covered under any other Excess policy issued to
you by us, or by any insurance company that has
common ownership with us, then only the policy
with the highest available limit of insurance will
apply regardless of whether any "injury or damage":

1. Extends over more than one policy period; or

2. Is caused by or arises out of:
a. Substantially the same or related general
harmful conditions or substances; or
b. Continuous or repeated exposure to
substantially the same or related general
harmful conditions, substances, or a series
of wrongful acts.

If the policies described in Paragraph A. have more
than one applicable limit of insurance, then only the
policy with the highest available limit of insurance
shall apply.

If more than one policy has the same limit of
insurance, such policies will respond on an equal
share basis.

If you, or any other insured covered under this
policy, is included as an insured under more than
one Excess policy issued by us, or any other
insurance company that has common ownership
with us covering the same " event", coverage
provided to you by us will be limited to only the
policy with the highest available Limit of Insurance.

However, this condition does not apply if the
insurance is specifically written to be excess of this
policy.

B. For the purposes of this endorsement " event" in the Definitions section is deleted and replaced with the
following:

Event" means any occurrence, offense, accident,
act, or other event which takes place in its entirety
at a specific time and place or is related, in whole
or in part, or traceable to the same or related single
act, error, or omission, or series of acts, errors, or
omissions.

This endorsement applies regardless of any other
terms and conditions in this or any other Excess policy, including, but not limited to, the Conditions - Other
Insurance section.

This endorsement does not apply to:

Any liability insurance policies issued to you by us, or by any insurance company that has common
ownership with us, for which this policy is intended to be excess; or
Other Excess liability insurance policies issued to you by us, or by any other insurance company that has
common ownership with us, as excess insurance to
this policy.

In no event shall this endorsement be construed to
increase the limits of insurance shown on this policy.

All other terms and conditions of thisPolicy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 152 of 447
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IFG-FX-0225 03 21 Includes copyrighted material of
ISO Properties, Inc., with its permission.

Page 1 of 1 ends

NEW YORK – EXCLUSION – ANY CONSTRUCTION OR

CONTRACTING ACTIVITIES
This endorsement modifies insurance provided under the following:

COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following is added to 2. Exclusions of Section I –
Coverages under the Commercial Excess Liability
Coverage Form.

2. Exclusions
Insurance provided under this Coverage Part does
not apply to:

Any Construction Or Contracting Activities
Any " injury or damage" caused by or arising,
directly or indirectly, in whole or in part out of any
construction or contracting activities that are
performed or located in the state of New York.

This exclusion applies:
a. To any work performed by, or on behalf of, any
insured as part of or in connection with such
construction or contracting activities, including,
but not limited to, the erection, demolition,
repairing, altering, painting, cleaning, or pointing
of a building or structure;
b. Regardless of whether the described operations
are:
1) Ongoing, completed, or in any other stage
when the loss occurs; or
2) Performed for any insured or for any other
person or entity; and
c. Even if the claims against any insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training, or
monitoring of others by that insured.

All other terms and conditions of thisPolicy remain
unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 153 of 447
HSIC Jacket-Policy A (07/21)

COMMERCIAL LINES POLICY
A Stock Company
800 Gessner Rd, Suite 600
Houston, TX 77024
Phone: 800- 645-7707
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 countersigned by our authorized representative.

Mark Haushill Leslie K. Shaunty
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 154 of 447
DS PN Annual 02-22
Your Privacy Rights
This booklet describes how Imperium Insurance Company ( IIC), Houston Specialty Insurance Company (HSIC), Great Midwest Insurance Company (GMIC) use private information about our customers, the limits on our use, how we protect our customers’ privacy, and how our customers can restrict the distribution of information about themselves.

Imperium Insurance Company
Houston Specialty Insurance Company
Great Midwest Insurance Company
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 155 of 447
DS PN Annual 02-22
To our customers:

Safeguarding the privacy of your financial and personal information has always been extremely important to us.

This pamphlet consists of five separate sections concerning our commitment to protecting your privacy:

1. Customer Privacy Policy Statement – Contains a description of IIC, HSIC, and GMIC general customer privacy policy

2. Notice of Information Practices – Provides disclosures required under federal laws

3. Privacy Disclosure Statement – Offers you the opportunity to notify us if you do not want IIC, HSIC, and GMIC to share basic information about you.

4. Information We May Disclose To Others

5. Access to and Correction of Your Information
Please let us know if you have any questions or comments.

Customer Privacy Policy Statement
IIC. HSIC, and GMIC recognize that a fundamental component of the insurer/insured relationship is a customer’ s trust that the insurer will respect the privacy and confidentiality of the customer’ s financial information and all aspects of the customer’ s insurance relationship.

IIC, HSIC, and GMIC have established the following policy to keep your information secure and confidential.

1. We shall recognize each customer’ s expectations of privacy by safeguarding information that you share with us. This commitment to privacy will be maintained regardless of whether information is received by mail, telephone, internet, or in person.

2. Information shall be collected and utilized only to the extent necessary to deliver insurance service to you and to offer products, services, and other opportunities that may be of interest to you.

3. We are dedicated to maintaining accurate customer records and shall strive to correct any inaccurate information in a timely manner. You may notify us at the toll-free telephone numbers and address listed at the end of this notice to correct any information.

4. IIC, HSIC, and GMIC limit access to your personal information to only those insurance company employees with a business reason for knowing such information. We educate all employees about the importance of confidentiality and customer privacy and have established policies on the proper use of customer information.

5. If we utilize other organizations to support our business, we will require them to abide by this privacy policy statement.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 156 of 447
DS PN Annual 02-22

6. We do not sell customer lists or financial information about our customers to any third party vendors. We may, however, allow select customer information to be shared with an affiliated company, under controlled conditions for the purpose of designing and marketing our products or company sponsored products with a company that has adopted a similar privacy policy to safeguard any personal customer information.

7. IIC, HSIC, and GMIC will provide you a choice as to whether your personal customer information will be shared with other organizations even for the limited purposes described above before your information is released to another organization for marketing purposes.

8. In order to conduct the business of insurance, customer information in our records is referenced relating to the issuance and servicing of coverage settling claims. IIC, HSIC, and GMIC conduct these insurance operations in accordance with the Fair Credit Reporting Act and information privacy laws as explained in our Notice of Information Practices.

9. This privacy policy will apply to both current and former customers of IIC, HSIC, and GMIC.

IIC, HSIC, and GMIC reserve the right to update and modify this statement at any time and will provide notice to you of such updates and modifications. IIC, HSIC, and GMIC will continue to monitor itself for compliance of its procedures to protect customer privacy.

Notice of Information Practices
Pursuant to 15 U.S.C § 1681 et seq. ( 1982)
The information you provide to us is important. We review it in our evaluation of your request for coverage and in determining rates. It may not be the only information about you or persons to be insured under your policy that we consider. In accordance with the Federal Fair Credit Reporting Act, we would like to briefly describe our practices as they relate to information gathered in connection with insurance transactions.

We may need additional information from you or other individuals proposed for coverage. Motor vehicle records, court record or other public records might be reviewed. A photo of any property to be insured might be taken. We may also obtain information from third parties, such as other insurance companies or a consumer reporting agency. A consumer report from such agency may contain information such as credit worthiness, credit standing, credit capacity, character, general reputation, hobbies, occupation, personal characteristics, or mode of living. An investigative consumer report containing the same type of information may be obtained through personal interviews with neighbors, friends, associates, acquaintances, or others who may have knowledge concerning those items of information.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 157 of 447
DS PN Annual 02-22
If coverage is declined or the charge for coverage is increased either wholly or partly because of information contained in a consumer report, we will tell you. We will also give you the name and address of the consumer reporting agency making the report.

It is possible that an investigative consumer report may be made. Within a reasonable time after receiving this notice of our information practices, you have the right to file a written request for and promptly receive a written disclosure as to the nature and scope of the investigation. You also will have the right to ask to be personally interviewed. Information you give during the interview will be included in the report sent to us. Upon written request and identification, you have the right to receive a copy of your investigative consumer report. Information gathered about you by the agency in making a consumer report or investigative consumer report may be kept by the agency and provided to others to the extent allowed by law.

Information about you in our records may be kept and may be referred to for purposes relating to the issuance and servicing of coverage and settling claims. We will not disclose information about you to others without your written consent unless the disclosure is necessary to conduct our business. The law permits us to share information about you without your prior consent under circumstances.

Examples of these include disclosures to:

Parties who perform a business, professional or insurance function for our company, including companies from which we purchase reinsurance coverage; Adjusters, appraisers, investigators and attorneys who need the information to investigate, defend or settle a claim involving you;
Businesses that help us with data processing or marketing; Businesses that conduct scientific research, including actuarial or underwriting studies;
Other insurance companies, agents, or consumer reporting agencies as reasonably necessary in connection with any application, policy, or claim involving you; Insurance support organizations which are established to collect information for the purpose of detecting and preventing insurance crimes or fraudulent claims; Medical care institutions or medical professionals to verify coverage or conduct an audit of services;
State Insurance Departments in connection with the regulation of our business; Law enforcement or other governmental authorities to protect our legal interests or in cases of suspected fraud or illegal activities;
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 158 of 447
DS PN Annual 02-22
Authorized persons as ordered by a subpoena, warrant, or other court order or as required by law;
Certificate holders or policyholders for the purpose of providing information regarding the status of an insurance transaction; or
Lien holders, mortgagees, assignees, lessors, or other persons shown on our records as having a legal or beneficial interest in your policy You have the right to know what kind of information we keep about you in our files, the right to reasonable access to this information, and the right to receive a copy of this information. Write to us if you have questions about the information we may have on file about you. Tell us what information you would like to receive. Provide your complete name, address, date of birth, type of policy held or applied for, and all numbers of any policies issued to you by us. Certain types of information generally collected when evaluating claims or possible lawsuits needed may not be disclosed to you.

Within thirty (30) business days of receipt of your request, we will inform you in writing of the nature and substance of locatable and retrievable recorded personal information about you in our files. You may review this information in person or receive a copy for reasonable charge. We will also identify the persons or organizations to which we have disclosed your information to within the past two ( 2) years. In addition, you will be given the name and address of any consumer reporting agency which prepared a report about you so that you can contact them for a copy.

After you have reviewed your personal information about in our file, you can write to us if you believe it should be corrected, amended, or deleted. Tell us what you think is wrong and why.

We will consider your request and within thirty (30) business days from the date of receipt of your written request, either change our files or tell you that we did not and the reason. If we do not make the changes, you will have the right to insert in our file a concise statement containing what you believe to be the correct, relevant or fair information and explaining why you believe the information on the file to be improper. We will notify persons designated by you to whom we have previously disclosed the information of the change on your statement. Subsequent disclosures we make will also be included in your statement.

Correspondence about this notice or requests for information in accordance with your rights under the law should be directed to the appropriate company in the Skyward Specialty Insurance at the address listed on the last page of the pamphlet.

Information We May Disclose To Third Parties. We do not sell customer information or medical information to anyone. Nor do we share it with companies or organizations outside of our group of affiliated companies that would use that information to contact you about their own products and services. Should that practice ever change, we would offer the ability to prohibit this type of information sharing and / or a reasonable time for the opportunity to opt out of this type of information sharing before the change in our practice took place.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 159 of 447
DS PN Annual 02-22
We may, without authorization, but only as permitted or required by law, provide customer information to persons or organizations both inside and outside of IIC, HSIC, and GMIC in order to fulfill a transaction requested, service policies, market our products, investigate and/ or handle claims, detect and/or prevent fraud, participate in insurance support organizations, or comply with lawful requests from regulatory and law enforcement authorities. These include, for example: affiliated companies, claims adjusters, medical providers, and program managers.

Access to and Correction of Your Information. You may write to us if you have any questions about the information that we may have in our records about you. If you wish, you may inspect this information in person or receive a copy at a reasonable charge by sending us a written request. You can notify us in writing if you believe any information should be corrected, amended, or deleted and we will review your request. We will either make the requested or explain why we did not do so. If we do not make the requested change, you may submit a short written statement identifying the disputed information, which will be included in all future disclosures of your information.

You may send your written request regarding IIC, HSIC, and GMIC to :

Skyward Specialty Insurance
Attn: Compliance Department
800 Gessner, Suite 600
Houston Texas 77024
All written requests must include your name, address, telephone number, and a photocopy of a picture ID for identification purposes.

You may contact IIC, HSIC, and GMIC at the following numbers:

Local phone # Toll free # FAX #
GMIC 713-973-0226 800-829-8165 713-935-7424
HSIC 713-935-4820 855-935-HSIC (4742) 713-935-4821
IIC 713-935-4830 800-203-1179 713-935-4831
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 160 of 447
HSIC PN ES 00 01 10 20
HSIC PN ES 00 01 10 20 Page 1 of 1

CALIFORNIA SHORT RATE CANCELLATION PENALTY

DISCLOSURE
This Notice is to advise you that you may incur a penalty if you cancel your policy prior to the expiration date.

If you cancel the policy for which you are applying prior to the expiration date, a 10% penalty will be applied to any remaining unearned premium, subject to any minimum earned premium endorsement that may be applicable to your policy.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 161 of 447
HSIC IL ES PN 002 01 23
HSIC IL ES PN 002 01 23| 800 Gessner Road, Suite 600, Houston, TX 77024 | skywardinsurance. com

HOW TO REPORT A CLAIM
All claims should be reported as soon as practicable after the loss. Claims may be reported by any of the following options 24 hours a day, 7 days a week.

PROPERTY & CASUALTY CLAIMS
To report any injury ( non-work related), auto or trucking accident, or any type of property damage:

By Phone: (888)-321-0714
By Email: claims@skywardinsurance. com

INFORMATION TO INCLUDE WHEN SUBMITTING A CLAIM
o Policy Number and/or Claims Number in all communication with us. o Policyholder contact Information – Name, Phone Number, Address, Email o Agent contact information - Name, Phone Number, Address, Email o Date of Loss
o Cause of Loss
o Detailed description of loss and damage( s)
o Provide us with a copy of any suit, demand for arbitration or mediation, claims letter or similar notice.
o Send copies of any internal reports related to the loss. o Send copies of any police and/or fire department reports.

PRESERVE AND SAFEGUARD
No unauthorized parties should be allowed access to the loss site.

Temporary board up, if necessary.

Temporary Perimeter fencing, if necessary.

Retention of any and all evidence.
o If it is necessary to make immediate repairs prior to inspection it is crucial that any and all parts ( repaired or replaced) be retained and safeguarded along with a copy of the accompanying invoice.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 162 of 447
PN SUR CA 001 05 22
PN SUR CA 001 05 22
IMPORTANT NOTICE:

1. The insurance policy that you have purchased is being issued by an insurer that is not licensed by the State of California. These companies are called “ nonadmitted” or surplus line” insurers.

2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California
licensed insurers.

3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore,
these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make
payments as promised.

4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non-United States (alien) insurer. You should ask questions of your insurance agent, broker, or “ surplus lines” broker or
contact the California Department of Insurance at the tollfree number: 1-800-927-4357 or internet website www.insurance. ca.gov. Ask whether or not the insurer is licensed as a foreign or non-United States (alien) insurer and for additional information about the insurer. You may also contact the NAIC’ s internet website at www.naic.org.

The NAIC—the National Association of Insurance
Commissioners— is the regulatory support organization
created and governed by the chief insurance regulators in the United States.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 163 of 447
PN SUR CA 001 05 22
PN SUR CA 001 05 22

5. Foreign insurers should be licensed by a state in the United States and you may contact that state’ s department of insurance to obtain more information about that insurer.

You can find a link to each state from this NAIC internet website: https://naic.org/state_web_map.htm

6. For non-United States ( alien) insurers, the insurer should be licensed by a country outside of the United States and should be on the NAIC’ s International Insurers Department IID) listing of approved nonadmitted non-United States
insurers. Ask your agent, broker, or “ surplus lines” broker to obtain more information about that insurer.

7. California maintains a “ List of Approved Surplus Lines Insurers (LASLI).” Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California department of insurance:
www.insurance. ca.gov./01-consumers/ 120-company/ 07-
lasli/lasli.cfm.

8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either
because existing coverage was going to lapse within two business days or because you were required to have
coverage within two business days, and you did not
receive this disclosure form and a request for your
signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker’ s fee charged for this
insurance will be returned to you.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 164 of 447
IL P 001 01 04
IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 U.S. TREASURY DEPARTMENT' S OFFICE OF FOREIGN
ASSETS CONTROL (" OFAC")

ADVISORY NOTICE TO POLICYHOLDERS
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided.

This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully.

The Office of Foreign Assets Control ( OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous:
z Foreign agents;
z Front organizations;
z Terrorists;
z Terrorist organizations; and
z Narcotics traffickers;
as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site – http//www.treas.gov/ofac.

In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC.

Other limitations on the premiums and payments also apply.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 165 of 447
00POLICY NUMBER:12ESB- HS-GL-0001096- HSIC IL DS 00 09 08 11

COMMON POLICY DECLARATIONS
LagoMAILING ADDRESS: 903 Paseo Del
Fallbrook, CA 92028
POLICY PERIOD: FROM STANDARD05/ 26/2023 TO 05/26/2024 AT 12:01 A.M.

TIME AT YOUR MAILING ADDRESS SHOWN ABOVE

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
25,000. 00
00TOTAL: 25,300.
00Premium shown is payable: $ 25,300. at inception.

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

Houston Specialty Insurance Company
800 Gessner, Suite 600
Houston, TX 77024
Toll Free - 800-203-1179
HIIG E&S Brokerage
800 Gessner Rd.

Suite 600
Houston, TX 77024
Inspection Service Fee 300. 00 $

TERRORISM PREMIUM

CRIME AND FIDELITY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART
NAMED INSURED: The Swimming Swan, LLC; Melissa Swanson
BUSINESS DESCRIPTION Lifeguard Services for the City of Gilroy, CA

Page 1 of 2 ends

Surplus Lines Tax 759.00
Stamping Fee 45.54
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 166 of 447
06/06/2023
Authorized Representative)
By:

Date)
FORMS – SCHED 08 12)

SEE SCHEDULE OF FORMS AND ENDORSEMENTS
Countersigned:

FORMS APPLICABLE TO ALL COVERAGE PARTS ( SHOW NUMBERS):

Page 2 of 2 ends

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 167 of 447
POLICY NUMBER: ESB-HS-GL-0001096-00
HSIC CG DS 01 10 01

COMMERCIAL GENERAL LIABILITY

RENTED TO YOU LIMIT

COMMERCIAL GENERAL LIABILITY DECLARATIONS
MAILING ADDRESS:

POLICY PERIOD: FROM TO AT 12:01 A.M. TIME AT

YOUR MAILING ADDRESS SHOWN ABOVE

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

MEDICAL EXPENSE LIMIT

DAMAGE TO PREMISES

EACH OCCURRENCE LIMIT

LIMITS OF INSURANCE

PRODUCTS/ COMPLETED OPERATIONS AGGREGATE LIMIT

GENERAL AGGREGATE LIMIT

PERSONAL & ADVERTISING INJURY LIMIT
ENTER DATE OR "NONE" IF NO RETROACTIVE DATE APPLIES)
ADVERTISING INJURY" WHICH OCCURS BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN BELOW.

THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY", "PROPERTY DAMAGE" OR "PERSONAL AND RETROACTIVE DATE:

RETROACTIVE DATE(CG 00 02 ONLY)
FORM OF BUSINESS:

DESCRIPTION OF BUSINESS

CLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED LIABILITY

COMPANY)

INDIVIDUAL PARTNERSHIP JOINT VENTURE TRUST
LIMITED LIABILITY COMPANY ORGANIZATION, INCLUDING A CORPORATION (BUT NOT IN903 Paseo Del Lago 05/26/2023 05/26/2024
1,000,000
100,000

NOT COVERED
1,000,000
2,000,000
Included
Fallbrook, CA 92028
NONE
Houston Specialty Insurance Company
800 Gessner, Suite 600
Houston, TX 77024
HIIG E&S Brokerage
800 Gessner Rd.

Suite 600
Houston, TX 77024
Any one person or organization
Any one premises
Any one person
NAMED INSURED: The Swimming Swan, LLC; Melissa Swanson
BUSINESS DESCRIPTION: Lifeguard Services for the City of Gilroy, CA HSIC CG DS 01 10 01 Page 1 of 2
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 168 of 447

TOTAL PREMIUM (SUBJECT TO AUDIT)

AT INCEPTION

AT EACH ANNIVERSARY
IF POLICY PERIOD IS MORE THAN ONE YEAR AND PREMIUM IS PAID IN ANNUAL INSTALLMENTS) PREMIUM SHOWN IS PAYABLE:

AUDIT PERIOD ( IF APPLICABLE) ANNUALLY SEMI-ANNUALLY QUARTERLY MONTHLY 25,000.00$
25,000.00$$
PREMIUM FOR ENDORSEMENTS $

LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY

ALL PREMISES YOU OWN, RENT OR OCCUPY
1 850 Day Rd., Gilroy, CA 95020

CLASSIFICATION AND PREMIUM

LOCATION
NUMBER

CLASSIFICATION CODE
NO.

PREMIUM
BASE Prem/
Ops
Prod/Comp
Ops
Prem/
Ops
Prod/Comp
Ops

RATE ADVANCE PREMIUM
Included1Lifeguard Services 48924 Sales 300,000 60.000 Included $ 25,000 MP$

SEE SCHEDULE OF FORMS AND ENDORSEMENTS
FORMS - SCHED 08/12
ENDORSEMENTS ATTACHED TO THIS POLICY:

ENDORSEMENTS

THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY.

HSIC CG DS 01 10 01 Page 2 of 2
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 169 of 447
00Policy Number: ESB- HS-GL-0001096-

SCHEDULE OF FORMS AND ENDORSEMENTS
SwansonNamed Insured: The Swimming Swan, LLC; Melissa 05/26/2023 12:01 A.M., Standard Time
Effective Date:

Agency Name: HIIG E&S Brokerage
Form Number Edition Date Title
HSIC JACKET- POLICY A (07-
2021)
HSIC JACKET- POLICY A (07-2021)
DS PN Annual ( 02-2022) SKYWARD PRIVACY NOTICE
HSIC PN ES 00 01 10 20 CALIFORNIA SHORT RATE CANCELLATION PENALTY DISCLOSURE HSIC IL ES PN 002 01 23 HOW TO REPORT A CLAIM
PN SUR CA 001 05 22 CALIFORNIA POLICYHOLDER NOTICE
IL P 001 01 04 OFAC - U S TREASURY DEPARTMENT OFFICE OF FOREIGN ASSETS CONTROL HSIC IL DS 00 09 08 11 12 COMMON POLICY DECLARATIONS
HSIC CG DS 01 10 01 COMMERCIAL GENERAL LIABILITY DECLARATIONS FORMS - SCHED 08 12 SCHEDULE OF FORMS AND ENDORSEMENTS
CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM ( OCCURRENCE) LOC- SCHED 08-12 SCHEDULE OF LOCATIONS
CG 21 06 05 14 EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION

AND DATA- RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION CG 21 16 04 13 EXCLUSION - DESIGNATED PROFESSIONAL SERVICES CG 21 32 05 09 COMMUNICABLE DISEASE EXCLUSION
CG 21 35 10 01 EXCLUSION - COVERAGE C - MEDICAL PAYMENTS CG 21 44 04 17 LIMITATION OF COVERAGE TO DESIGNATED PREMISES, PROJECT OR OPERATION CG 21 47 12 07 EMPLOYMENT- RELATED PRACTICES EXCLUSION
CG 21 49 09 99 TOTAL POLLUTION EXCLUSION
CG 21 53 01 96 EXCLUSION - DESIGNATED ONGOING OPERATIONS CG 21 67 12 04 FUNGI EXCLUSION
CG 21 75 01 15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF

TERRORISM COMMITTED OUTSIDE THE UNITED STATES
CG 21 96 03 05 SILICA OR SILICA- RELATED DUST EXCLUSION CG 24 01 12 04 NON- BINDING ARBITRATION
CG 24 26 04 13 AMENDMENT OF INSURED CONTRACT DEFINITION CG 40 10 12 19 EXCLUSION - CROSS SUITS LIABILITY
CG 40 28 09 22 BROAD ABUSE OR MOLESTATION EXCLUSION
IL 00 03 09 08 CALCULATION OF PREMIUM
IL 00 17 11 98 COMMON POLICY CONDITIONS
IL 00 21 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT ( BROAD FORM) SOS HSIC CW 09 13 CW SERVICE OF SUIT CLAUSE
HSIC CG ES 01 03 10 20 AMENDMENT - DEFINITION OF EMPLOYEE HSIC CG ES 01 18 10 20 CLASSIFICATION LIMITATION ENDORSEMENT HSIC CG ES 01 27 10 20 EXCLUSION - BREACH OF CONTRACT
HSIC CG ES 01 45 10 20 EXCLUSION - INJURY TO INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES HSIC CG ES 01 47 10 20 EXCLUSION - INTELLECTUAL PROPERTY HSIC CG ES 01 52 10 20 EXCLUSION - PUNITIVE DAMAGES
HSIC CG ES 01 62 10 20 EXCLUSION - DISCRIMINATION
HSIC CG ES 01 70 10 20 ASBESTOS EXCLUSION
HSIC CG ES 01 69 12 22 FIREARMS EXCLUSION - GENERAL LIABILITY HSIC CG ES 01 76 10 20 INTERIM PREMIUM AUDIT CONDITION
FORMS - SCHED 08 12 Page 1 of 2
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 170 of 447
HSIC CG ES 01 77 10 20 LEAD EXCLUSION
HSIC CG ES 01 91 10 20 TOTAL AUTO EXCLUSION
HSIC CG ES 01 95 10 20 MINIMUM AND DEPOSIT PREMIUM ENDORSEMENT HSIC CG ES 01 96 10 20 EXCLUSION - ASSAULT OR BATTERY
HSIC CG ES 02 05 10 20 EXCLUSION - LIQUOR LIABILITY
HSIC CG ES 02 10 10 20 LIABILITY INSURANCE DEDUCTIBLE ENDORSEMENT HSIC CG ES 02 29 01 21 DEFINITION OF PREMIUM BASIS ENDORSEMENT FORMS - SCHED 08 12 Page 2 of 2
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 171 of 447

COMMERCIAL GENERAL LIABILITY
CG 00 01 04 13
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16

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

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

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

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

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

SECTION I – COVERAGES
COVERAGE A – BODILY INJURY AND PROPERTY

DAMAGE LIABILITY

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

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments – Coverages A and B.
b. This insurance applies to " bodily injury" and
property damage" only if:
1) The " bodily injury" or " property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";
2) The " bodily injury" or " property damage"
occurs during the policy period; and
3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II – Who Is
An Insured and no " employee" authorized
by you to give or receive notice of an
occurrence" or claim, knew that the "bodily
injury" or "property damage" had occurred,
in whole or in part. If such a listed insured
or authorized " employee" knew, prior to the
policy period, that the " bodily injury" or
property damage" occurred, then any
continuation, change or resumption of such
bodily injury" or " property damage" during
or after the policy period will be deemed to
have been known prior to the policy period.
c. " Bodily injury" or " property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under
Paragraph 1. of Section II – Who Is An Insured
or any "employee" authorized by you to give or
receive notice of an " occurrence" or claim,
includes any continuation, change or
resumption of that " bodily injury" or " property
damage" after the end of the policy period.
d. " Bodily injury" or " property damage" will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. of Section II – Who Is An
Insured or any "employee" authorized by you to
give or receive notice of an " occurrence" or
claim:
1) Reports all, or any part, of the "bodily injury"
or " property damage" to us or any other
insurer;
2) Receives a written or verbal demand or
claim for damages because of the " bodily
injury" or "property damage"; or
3) Becomes aware by any other means that
bodily injury" or " property damage" has
occurred or has begun to occur.
e. Damages because of " bodily injury" include
damages claimed by any person or
organization for care, loss of services or death
resulting at any time from the "bodily injury".

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 172 of 447

Page 2 of 16 ends

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

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

This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in:
a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the " occurrence" which caused the " bodily
injury" or " property damage", involved that
which is described in Paragraph ( 1), (2) or ( 3)
above.

However, this exclusion applies only if you are
in the business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages. For the purposes of this exclusion,
permitting a person to bring alcoholic
beverages on your premises, for consumption
on your premises, whether or not a fee is
charged or a license is required for such
activity, is not by itself considered the business
of selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
Bodily injury" to:
1) An "employee" of the insured arising out of
and in the course of:
a) Employment by the insured; or
b) Performing duties related to the conduct
of the insured's business; or
2) The spouse, child, parent, brother or sister
of that " employee" as a consequence of
Paragraph ( 1) above.

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 173 of 447
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 f. Pollution
1) " Bodily injury" or "property damage" arising
out of the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of "pollutants":
a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured. However, this subparagraph
does not apply to:
i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by or
originating from equipment that is
used to heat, cool or dehumidify the
building, or equipment that is used to
heat water for personal use, by the
building's occupants or their guests;
ii) "Bodily injury" or " property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional insured
at that premises, site or location and
such premises, site or location is not
and never was owned or occupied
by, or rented or loaned to, any
insured, other than that additional
insured; or
iii) "Bodily injury" or " property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
b) At or from any premises, site or location
which is or was at any time used by or
for any insured or others for the
handling, storage, disposal, processing
or treatment of waste;
c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
i) Any insured; or
ii) Any person or organization for whom
you may be legally responsible; or
d) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or
indirectly on any insured's behalf are
performing operations if the " pollutants"
are brought on or to the premises, site
or location in connection with such
operations by such insured, contractor
or subcontractor. However, this
subparagraph does not apply to:
i) "Bodily injury" or " property damage"
arising out of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of " mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape from
a vehicle part designed to hold, store
or receive them. This exception does
not apply if the " bodily injury" or
property damage" arises out of the
intentional discharge, dispersal or
release of the fuels, lubricants or
other operating fluids, or if such
fuels, lubricants or other operating
fluids are brought on or to the
premises, site or location with the
intent that they be discharged,
dispersed or released as part of the
operations being performed by such
insured, contractor or subcontractor;
ii) "Bodily injury" or " property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subcontractor; or
iii) "Bodily injury" or " property damage"
arising out of heat, smoke or fumes
from a "hostile fire".
e) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or
indirectly on any insured's behalf are
performing operations if the operations
are to test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pollutants".

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 174 of 447

Page 4 of 16 ends

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

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

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

This exclusion does not apply to:
1) A watercraft while ashore on premises you
own or rent;
2) A watercraft you do not own that is:
a) Less than 26 feet long; and
b) Not being used to carry persons or
property for a charge;
3) Parking an " auto" on, or on the ways next
to, premises you own or rent, provided the
auto" is not owned by or rented or loaned
to you or the insured;
4) Liability assumed under any " insured
contract" for the ownership, maintenance or
use of aircraft or watercraft; or
5) " Bodily injury" or "property damage" arising
out of:
a) The operation of machinery or
equipment that is attached to, or part of,
a land vehicle that would qualify under
the definition of " mobile equipment" if it
were not subject to a compulsory or
financial responsibility law or other
motor vehicle insurance law where it is
licensed or principally garaged; or
b) The operation of any of the machinery
or equipment listed in Paragraph f.(2) or
f.(3) of the definition of " mobile
equipment".
h. Mobile Equipment
Bodily injury" or "property damage" arising out
of:
1) The transportation of "mobile equipment" by
an "auto" owned or operated by or rented or
loaned to any insured; or
2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
or stunting activity.
i. War
Bodily injury" or " property damage", however
caused, arising, directly or indirectly, out of:
1) War, including undeclared or civil war;
2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
Property damage" to:
1) Property you own, rent, or occupy, including
any costs or expenses incurred by you, or
any other person, organization or entity, for
repair, replacement, enhancement,
restoration or maintenance of such property
for any reason, including prevention of
injury to a person or damage to another's
property;
2) Premises you sell, give away or abandon, if
the " property damage" arises out of any
part of those premises;
3) Property loaned to you;
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 175 of 447
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 4) Personal property in the care, custody or
control of the insured;
5) That particular part of real property on
which you or any contractors or
subcontractors working directly or indirectly
on your behalf are performing operations, if
the " property damage" arises out of those
operations; or
6) That particular part of any property that
must be restored, repaired or replaced
because " your work" was incorrectly
performed on it.

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

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

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

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

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

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

However, this exclusion does not apply to
liability for damages because of "bodily injury".

As used in this exclusion, electronic data
means information, facts or programs stored as
or on, created or used on, or transmitted to or
from computer software, including systems and
applications software, hard or floppy disks, CDROMs, tapes, drives, cells, data processing devices or any other media which are used
with electronically controlled equipment.
q. Recording And Distribution Of Material Or
Information In Violation Of Law
Bodily injury" or " property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
1) The Telephone Consumer Protection Act
TCPA), including any amendment of or
addition to such law;
2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 176 of 447

Page 6 of 16 ends

4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits, or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material or
information.

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

COVERAGE B – PERSONAL AND ADVERTISING

INJURY LIABILITY

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

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 177 of 447
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16 i. Infringement Of Copyright, Patent,
Trademark Or Trade Secret
Personal and advertising injury" arising out of
the infringement of copyright, patent,
trademark, trade secret or other intellectual
property rights. Under this exclusion, such
other intellectual property rights do not include
the use of another's advertising idea in your
advertisement".

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

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

For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
insured hosts, owns, or over which the insured
exercises control.
l. Unauthorized Use Of Another' s Name Or
Product
Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatag, or any other similar tactics to
mislead another's potential customers.
m. Pollution
Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
n. Pollution-related
Any loss, cost or expense arising out of any:
1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying or neutralizing, or in any way
responding to, or assessing the effects of,
pollutants".
o. War
Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
1) War, including undeclared or civil war;
2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Recording And Distribution Of Material Or
Information In Violation Of Law
Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
1) The Telephone Consumer Protection Act
TCPA), including any amendment of or
addition to such law;
2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits, or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material or
information.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 178 of 447

Page 8 of 16 ends

COVERAGE C – MEDICAL PAYMENTS

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

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

SUPPLEMENTARY PAYMENTS – COVERAGES A
AND B

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 179 of 447
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment that
is within the applicable limit of insurance.

These payments will not reduce the limits of
insurance.

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

So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee, necessary litigation expenses
incurred by us and necessary litigation expenses
incurred by the indemnitee at our request will be
paid as Supplementary Payments.

Notwithstanding the provisions of Paragraph

2.b.(2) of Section I – Coverage A – Bodily Injury
And Property Damage Liability, such payments will
not be deemed to be damages for " bodily injury"
and " property damage" and will not reduce the
limits of insurance.

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

SECTION II – WHO IS AN INSURED

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 180 of 447

Page 10 of 16 ends

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

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

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

SECTION III – LIMITS OF INSURANCE

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 181 of 447
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16

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

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

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

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

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

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

SECTION IV – COMMERCIAL GENERAL LIABILITY

CONDITIONS

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

2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an "occurrence" or an offense
which may result in a claim. To the extent
possible, notice should include:
1) How, when and where the " occurrence" or
offense took place;
2) The names and addresses of any injured
persons and witnesses; and
3) The nature and location of any injury or
damage arising out of the " occurrence" or
offense.
b. If a claim is made or " suit" is brought against
any insured, you must:
1) Immediately record the specifics of the
claim or "suit" and the date received; and
2) Notify us as soon as practicable.

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

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 182 of 447

Page 12 of 16 ends

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

Then, we will share with all that other
insurance by the method described in
Paragraph c. below.
b. Excess Insurance
1) This insurance is excess over:
a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
i) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
ii) That is Fire insurance for premises
rented to you or temporarily
occupied by you with permission of
the owner;
iii) That is insurance purchased by you
to cover your liability as a tenant for
property damage" to premises
rented to you or temporarily
occupied by you with permission of
the owner; or
iv) If the loss arises out of the
maintenance or use of aircraft,
autos" or watercraft to the extent not
subject to Exclusion g. of Section I –
Coverage A – Bodily Injury And
Property Damage Liability.
b) Any other primary insurance available to
you covering liability for damages
arising out of the premises or
operations, or the products and
completed operations, for which you
have been added as an additional
insured.
2) When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any " suit" if any other
insurer has a duty to defend the insured
against that " suit". If no other insurer
defends, we will undertake to do so, but we
will be entitled to the insured's rights
against all those other insurers.
3) When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
b) The total of all deductible and selfinsured amounts under all that other insurance.
4) We will share the remaining loss, if any,
with any other insurance that is not
described in this Excess Insurance
provision and was not bought specifically to
apply in excess of the Limits of Insurance
shown in the Declarations of this Coverage
Part.
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method
also. Under this approach each insurer
contributes equal amounts until it has paid its
applicable limit of insurance or none of the loss
remains, whichever comes first.

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

5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.

At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.

The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and audit
premiums paid for the policy period is greater
than the earned premium, we will return the
excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 183 of 447
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

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

8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of
any payment we have made under this Coverage
Part, those rights are transferred to us. The
insured must do nothing after loss to impair them.

At our request, the insured will bring " suit" or
transfer those rights to us and help us enforce
them.

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

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

SECTION V – DEFINITIONS

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

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

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

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

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

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

Employee" does not include a " temporary
worker".

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

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 184 of 447

Page 14 of 16 ends

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

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

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

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 185 of 447
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered " autos":
1) Equipment designed primarily for:
a) Snow removal;
b) Road maintenance, but not construction
or resurfacing; or
c) Street cleaning;
2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 186 of 447

Page 16 of 16 ends

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

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

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

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

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 187 of 447
00Policy Number: ESB-HS-GL-0001096-

SCHEDULE OF LOCATIONS
The Swimming Swan, LLC; Melissa Swanson 05/26/ 2023
12:01 A.M., Standard Time
BrokerageAgency Name: HIIG E&S
Named Insured: Effective Date:
1 850 DAY RD., GILROY, CA, 95020
Loc
No.

Bldg.

No.

Designated Locations
Address, City , State, Zip Code)
Occupancy
LOC-SCHED 08-12 Page 1 of 1
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 188 of 447

COMMERCIAL GENERAL LIABILITY
CG 21 06 05 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 06 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 1 EXCLUSION – ACCESS OR DISCLOSURE OF

CONFIDENTIAL OR PERSONAL INFORMATION AND
DATA-RELATED LIABILITY – WITH

LIMITED BODILY INJURY EXCEPTION
This endorsement modifies insurance provided under the following:

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

2. Exclusions
This insurance does not apply to:
p. Access Or Disclosure Of Confidential Or
Personal Information And Data-related
Liability
Damages arising out of:
1) Any access to or disclosure of any
person's or organization' s confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information,
credit card information, health
information or any other type of
nonpublic information; or
2) The loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate electronic data.

This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of that which is described in
Paragraph (1) or (2) above.

However, unless Paragraph ( 1) above
applies, this exclusion does not apply to
damages because of "bodily injury".

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

B. The following is added to Paragraph 2.

Exclusions of Section I – Coverage B –
Personal And Advertising Injury Liability:

2. Exclusions
This insurance does not apply to:

Access Or Disclosure Of Confidential Or
Personal Information
Personal and advertising injury" arising out of
any access to or disclosure of any person's or
organization's confidential or personal
information, including patents, trade secrets,
processing methods, customer lists, financial
information, credit card information, health
information or any other type of nonpublic
information.

This exclusion applies even if damages are
claimed for notification costs, credit monitoring
expenses, forensic expenses, public relations
expenses or any other loss, cost or expense
incurred by you or others arising out of any
access to or disclosure of any person's or
organization' s confidential or personal
information.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 189 of 447
CG 21 16 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: ESB-HS-GL-0001096- 00 COMMERCIAL GENERAL LIABILITY CG 21 16 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Description Of Professional Services

1. ANY AND ALL PROFESSIONAL SERVICES.

2. 3.

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

With respect to any professional services shown in
the Schedule, the following exclusion is added to
Paragraph 2. Exclusions of Section I – Coverage A
Bodily Injury And Property Damage Liability and
Paragraph 2. Exclusions of Section I – Coverage B
Personal And Advertising Injury Liability:

This insurance does not apply to " bodily injury",
property damage" or "personal and advertising injury"
due to the rendering of or failure to render any
professional service.

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 190 of 447

COMMERCIAL GENERAL LIABILITY
CG 21 32 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 32 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1

COMMUNICABLE DISEASE EXCLUSION
This endorsement modifies insurance provided under the following:

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

Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability:

2. Exclusions
This insurance does not apply to:

Communicable Disease
Bodily injury" or "property damage" arising out
of the actual or alleged transmission of a communicable disease.

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

B. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability:

2. Exclusions
This insurance does not apply to:

Communicable Disease
Personal and advertising injury" arising out of
the actual or alleged transmission of a communicable disease.

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 191 of 447
POLICY NUMBER: ESB-HS-GL-0001096- 00 COMMERCIAL GENERAL LIABILITY CG 21 35 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 35 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 EXCLUSION – COVERAGE C – MEDICAL PAYMENTS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Description And Location Of Premises Or Classification:

ALL LOCATIONS
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
With respect to any premises or classification shown
in the Schedule:

1. Section I – Coverage C – Medical Payments
does not apply and none of the references to it
in the Coverage Part apply: and

2. The following is added to Section I –
Supplementary Payments:
h. Expenses incurred by the insured for first
aid administered to others at the time of an
accident for " bodily injury" to which this
insurance applies.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 192 of 447
POLICY NUMBER: ESB-HS-GL-0001096- 00 COMMERCIAL GENERAL LIABILITY CG 21 44 04 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 44 04 17 © Insurance Services Office, Inc., 2016 Page 1 of 3

LIMITATION OF COVERAGE TO DESIGNATED

PREMISES, PROJECT OR OPERATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Premises: Designated Locations shown on the SCHEDULE OF LOCATIONS attached to and forming part of this policy
Project Or Operation:

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

A. If this endorsement is attached to Commercial
General Liability Coverage Form CG 00 01, the
provisions under this Paragraph A. apply:

1. Paragraph 1.b. under Section I – Coverage A
Bodily Injury And Property Damage
Liability is replaced by the following:
b. This insurance applies to "bodily injury" and
property damage" caused by an
occurrence" that takes place in the
coverage territory" only if:
1) The "bodily injury" or "property damage":
a) Occurs on the premises shown in the
Schedule or the grounds and
structures appurtenant to those
premises; or
b) Arises out of the project or operation
shown in the Schedule;
2) The "bodily injury" or "property damage"
occurs during the policy period; and
3) Prior to the policy period, no insured
listed under Paragraph 1. of Section II –
Who Is An Insured and no " employee"
authorized by you to give or receive
notice of an "occurrence" or claim, knew
that the " bodily injury" or " property
damage" had occurred, in whole or in
part. If such a listed insured or
authorized " employee" knew, prior to the
policy period, that the " bodily injury" or
property damage" occurred, then any
continuation, change or resumption of
such " bodily injury" or " property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.

2. Paragraph 1.b. under Section I – Coverage B
Personal And Advertising Injury Liability
is replaced by the following:
b. This insurance applies to " personal and
advertising injury" caused by an offense
committed in the " coverage territory" but
only if:
1) The offense arises out of your business:
a) Performed on the premises shown in
the Schedule; or
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 193 of 447

Page 2 of 3 ends

b) In connection with the project or
operation shown in the Schedule;
and
2) The offense was committed during the
policy period.

However, with respect to Paragraph

1.b.(1)(a) of this Insuring Agreement, if the
personal and advertising injury" is caused
by:
1) False arrest, detention or imprisonment;
or
2) The wrongful eviction from, wrongful
entry into, or invasion of the right of
private occupancy of a room, dwelling or
premises that a person occupies,
committed by or on behalf of its owner,
landlord or lessor;
then such offense must arise out of your
business performed on the premises shown
in the Schedule and the offense must have
been committed on the premises shown in
the Schedule or the grounds and structures
appurtenant to those premises.

3. Paragraph 1.a. under Section I – Coverage C
Medical Payments is replaced by the
following:
a. We will pay medical expenses as described
below for " bodily injury" caused by an
accident that takes place in the " coverage
territory" if the "bodily injury":
1) Occurs on the premises shown in the
Schedule or the grounds and structures
appurtenant to those premises; or
2) Arises out of the project or operation
shown in the Schedule;
provided that:
a) The accident takes place during the
policy period;
b) The expenses are incurred and
reported to us within one year of the
date of the accident; and
c) The injured person submits to
examination, at our expense, by
physicians of our choice as often as
we reasonably require.

B. If this endorsement is attached to Commercial
General Liability Coverage Form CG 00 02, the
provisions under this Paragraph B. apply:

1. Paragraph 1.b. under Section I – Coverage A
Bodily Injury And Property Damage
Liability is replaced by the following:
b. This insurance applies to "bodily injury" and
property damage" caused by an
occurrence" that takes place in the
coverage territory" only if:
1) The "bodily injury" or "property damage":
a) Occurs on the premises shown in the
Schedule or the grounds and
structures appurtenant to those
premises; or
b) Arises out of the project or operation
shown in the Schedule;
2) The "bodily injury" or "property damage"
did not occur before the Retroactive
Date, if any, shown in the Declarations
or after the end of the policy period; and
3) A claim for damages because of the
bodily injury" or " property damage" is
first made against any insured, in
accordance with Paragraph 1.c. of this
Insuring Agreement, during the policy
period or any Extended Reporting
Period we provide under Section V –
Extended Reporting Periods.

2. Paragraph 1.b. under Section I – Coverage B
Personal And Advertising Injury Liability
is replaced by the following:
b. This insurance applies to " personal and
advertising injury" caused by an offense
committed in the " coverage territory" but
only if:
1) The offense arises out of your business:
a) Performed on the premises shown in
the Schedule; or
b) In connection with the project or
operation shown in the Schedule;
2) The offense was not committed before
the Retroactive Date, if any, shown in
the Declarations or after the end of the
policy period; and
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 194 of 447
CG 21 44 04 17 © Insurance Services Office, Inc., 2016 Page 3 of 3 3) A claim for damages because of the
personal and advertising injury" is first
made against any insured, in
accordance with Paragraph 1.c. of this
Insuring Agreement, during the policy
period or any Extended Reporting
Period we provide under Section V –
Extended Reporting Periods.

However, with respect to Paragraph

1.b.(1)(a) of this Insuring Agreement, if the
personal and advertising injury" is caused
by:
1) False arrest, detention or imprisonment;
or
2) The wrongful eviction from, wrongful
entry into, or invasion of the right of
private occupancy of a room, dwelling or
premises that a person occupies,
committed by or on behalf of its owner,
landlord or lessor;
then such offense must arise out of your
business performed on the premises shown
in the Schedule and the offense must have
been committed on the premises shown in
the Schedule or the grounds and structures
appurtenant to those premises.

3. Paragraph 1.a. under Section I – Coverage C
Medical Payments is replaced by the
following:
a. We will pay medical expenses as described
below for " bodily injury" caused by an
accident that takes place in the " coverage
territory" if the "bodily injury":
1) Occurs on the premises shown in the
Schedule or the grounds and structures
appurtenant to those premises; or
2) Arises out of the project or operation
shown in the Schedule;
provided that:
a) The accident takes place during the
policy period;
b) The expenses are incurred and
reported to us within one year of the
date of the accident; and
c) The injured person submits to
examination, at our expense, by
physicians of our choice as often as
we reasonably require.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 195 of 447

COMMERCIAL GENERAL LIABILITY
CG 21 47 12 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1

EMPLOYMENT- RELATED PRACTICES EXCLUSION
This endorsement modifies insurance provided under the following:

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

This insurance does not apply to:

Bodily injury" to:
1) A person arising out of any:
a) Refusal to employ that person;
b) Termination of that person's employment;
or
c) Employment- related practices, policies,
acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or 2) The spouse, child, parent, brother or sister of
that person as a consequence of "bodily injury"
to that person at whom any of the employmentrelated practices described in Paragraphs ( a), b), or (c) above is directed.

This exclusion applies:
1) Whether the injury-causing event described in
Paragraphs ( a), (b) or (c) above occurs before
employment, during employment or after employment of that person; 2) Whether the insured may be liable as an employer or in any other capacity; and 3) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.

B. The following exclusion is added to Paragraph 2.,
Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability:

This insurance does not apply to:

Personal and advertising injury" to:
1) A person arising out of any:
a) Refusal to employ that person;
b) Termination of that person's employment;
or
c) Employment- related practices, policies,
acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or 2) The spouse, child, parent, brother or sister of
that person as a consequence of "personal and
advertising injury" to that person at whom any
of the employment- related practices described
in Paragraphs ( a), (b), or (c) above is directed.

This exclusion applies:
1) Whether the injury-causing event described in
Paragraphs ( a), (b) or (c) above occurs before
employment, during employment or after employment of that person; 2) Whether the insured may be liable as an employer or in any other capacity; and 3) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 196 of 447

COMMERCIAL GENERAL LIABILITY
CG 21 49 09 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 49 09 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 oo

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

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

This insurance does not apply to:
f. Pollution
1)" Bodily injury" or " property damage" which
would not have occurred in whole or part but
for the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or escape of "pollutants" at any time. 2) Any loss, cost or expense arising out of any:
a) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of "pollutants"; or
b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or
assessing the effects of, " pollutants".

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 197 of 447
POLICY NUMBER: ESB-HS-GL-0001096-00 COMMERCIAL GENERAL LIABILITY CG 21 53 01 96
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 53 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 EXCLUSION – DESIGNATED ONGOING OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Description of Designated Ongoing Operation(s):

ANY AND ALL OPERATIONS OTHER THAN LIFEGUARD SERVICES AT THE CHRISTOPHER HIGH SCHOOL AQUATICS CENTER AT 850 DAY ROAD, GILROY, CA 95020.

Specified Location (If Applicable):

If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The following exclusion is added to paragraph 2.,
Exclusions of COVERAGE A – BODILY INJURY AND
PROPERTY DAMAGE LIABILITY ( Section I –
Coverages):

This insurance does not apply to " bodily injury" or
property damage" arising out of the ongoing
operations described in the Schedule of this
endorsement, regardless of whether such operations
are conducted by you or on your behalf or whether the
operations are conducted for yourself or for others.

Unless a "location" is specified in the Schedule, this
exclusion applies regardless of where such operations
are conducted by you or on your behalf. If a specific
location" is designated in the Schedule of this
endorsement, this exclusion applies only to the
described ongoing operations conducted at that
location".

For the purpose of this endorsement, " location"
means premises involving the same or connecting
lots, or premises whose connection is interrupted only
by a street, roadway, waterway or right-of-way of a
railroad.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 198 of 447

COMMERCIAL GENERAL LIABILITY
CG 21 67 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 67 12 04 © ISO Properties, Inc., 2003 Page 1 of 1

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

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

Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability:

2. Exclusions
This insurance does not apply to:

Fungi Or Bacteria
a. " Bodily injury" or " property damage" which
would not have occurred, in whole or in part,
but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any fungi" or bacteria on or within a building or
structure, including its contents, regardless
of whether any other cause, event, material
or product contributed concurrently or in any
sequence to such injury or damage.
b. Any loss, cost or expenses arising out of the
abating, testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying,
neutralizing, remediating or disposing of, or
in any way responding to, or assessing the
effects of, "fungi" or bacteria, by any insured
or by any other person or entity.

This exclusion does not apply to any "fungi" or
bacteria that are, are on, or are contained in, a
good or product intended for bodily consum ption.

B. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability:

2. Exclusions
This insurance does not apply to:

Fungi Or Bacteria
a. " Personal and advertising injury" which
would not have taken place, in whole or in
part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence
of any " fungi" or bacteria on or within a
building or structure, including its contents,
regardless of whether any other cause,
event, material or product contributed concurrently or in any sequence to such injury. b. Any loss, cost or expense arising out of the
abating, testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying,
neutralizing, remediating or disposing of, or
in any way responding to, or assessing the
effects of, "fungi" or bacteria, by any insured
or by any other person or entity.

C. The following definition is added to the Definitions Section:

Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 199 of 447

COMMERCIAL GENERAL LIABILITY
CG 21 75 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 75 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 2

EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND

EXCLUSION OF OTHER ACTS OF TERRORISM

COMMITTED OUTSIDE THE UNITED STATES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR 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
A. The following exclusion is added:

This insurance does not apply to:

TERRORISM
Any injury or damage" arising, directly or
indirectly, out of a "certified act of terrorism", or out of an " other act of terrorism" that is committed
outside of the United States ( including its
territories and possessions and Puerto Rico), but
within the " coverage territory". However, with
respect to an " other act of terrorism", this
exclusion applies only when one or more of the
following are attributed to such act:

1. The total of insured damage to all types of
property exceeds $ 25,000,000 ( valued in US
dollars). In determining whether the
25,000,000 threshold is exceeded, we will
include all insured damage sustained by
property of all persons and entities affected by
the terrorism and business interruption losses
sustained by owners or occupants of the
damaged property. For the purpose of this
provision, insured damage means damage that
is covered by any insurance plus damage that
would be covered by any insurance but for the
application of any terrorism exclusions; or

2. Fifty or more persons sustain death or serious
physical injury. For the purposes of this
provision, serious physical injury means:
a. Physical injury that involves a substantial
risk of death; or
b. Protracted and obvious physical
disfigurement; or
c. Protracted loss of or impairment of the
function of a bodily member or organ; or

3. The terrorism involves the use, release or
escape of nuclear materials, or directly or
indirectly results in nuclear reaction or radiation
or radioactive contamination; or

4. The terrorism is carried out by means of the
dispersal or application of pathogenic or
poisonous biological or chemical materials; or

5. Pathogenic or poisonous biological or chemical
materials are released, and it appears that one
purpose of the terrorism was to release such
materials.

With respect to this exclusion, Paragraphs 1. and

2. describe the thresholds used to measure the
magnitude of an incident of an " other act of
terrorism" and the circumstances in which the
threshold will apply for the purpose of determining
whether this exclusion will apply to that incident.

B. The following definitions are added:

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 200 of 447

Page 2 of 2 ends

2. " Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act
for a " certified act of terrorism" include the
following:
a. The act resulted in insured losses in excess
of $5 million in the aggregate, attributable to
all types of insurance subject to the
Terrorism Risk Insurance Act;
b. The act resulted in damage:
1) Within the United States ( including its
territories and possessions and Puerto
Rico); or
2) Outside of the United States in the case
of:
a) An air carrier ( as defined in Section
40102 of title 49, United States
Code) or United States flag vessel
or a vessel based principally in the
United States, on which United
States income tax is paid and whose
insurance coverage is subject to
regulation in the United States),
regardless of where the loss occurs;
or
b) The premises of any United States
mission; and
c. 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.

3. " Other act of terrorism" means a violent act or
an act that is dangerous to human life, property
or infrastructure that is committed by an
individual or individuals and that appears to be
part of an effort to coerce a civilian population
or to influence the policy or affect the conduct
of any government by coercion, and the act is
not a "certified act of terrorism".

Multiple incidents of an "other act of terrorism"
which occur within a seventy-two hour period
and appear to be carried out in concert or to
have a related purpose or common leadership
shall be considered to be one incident.

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 201 of 447

COMMERCIAL GENERAL LIABILITY
CG 21 96 03 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 96 03 05 ' ISO Properties, Inc., 2004 Page 1 of 1 !!!!

SILICA OR SILICA-RELATED DUST EXCLUSION
This endorsement modifies insurance provided under the following:

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

2. Exclusions
This insurance does not apply to:

Silica Or Silica-Related Dust
a. " Bodily injury" arising, in whole or in part, out
of the actual, alleged, threatened or suspected inhalation of, or ingestion of, "silica" or "silica-related dust".
b. " Property damage" arising, in whole or in
part, out of the actual, alleged, threatened
or suspected contact with, exposure to, existence of, or presence of, "silica" or "silicarelated dust". c. Any loss, cost or expense arising, in whole
or in part, out of the abating, testing for,
monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, silica" or " silica-related dust", by any insured or by any other person or entity.

B. The following exclusion is added to Paragraph 2.,
Exclusions of Section I Coverage B Personal And Advertising Injury Liability:

2. Exclusions
This insurance does not apply to:

Silica Or Silica-Related Dust
a. " Personal and advertising injury" arising, in
whole or in part, out of the actual, alleged,
threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, " silica" or " silicarelated dust". b. Any loss, cost or expense arising, in whole
or in part, out of the abating, testing for,
monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, silica" or " silica-related dust", by any insured or by any other person or entity.

C. The following definitions are added to the Definitions Section:

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 202 of 447

COMMERCIAL GENERAL LIABILITY
CG 24 01 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 24 01 12 04 © ISO Properties, Inc., 2003 Page 1 of 1

NON-BINDING ARBITRATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY
If we and the insured do not agree whether coverage
is provided under this Coverage Part for a claim made
against the insured, then either party may make a
written demand for arbitration.

When this demand is made, each party will select an
arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that
selection be made by a judge of a court having jurisdiction. Each party will:

1. Pay the expenses it incurs; and

2. Bear the expenses of the third arbitrator equally.

Unless both parties agree otherwise, arbitration will
take place in the county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply.

Any decision agreed to by the arbitrators may be
appealed to a court of competent jurisdictions.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 203 of 447

COMMERCIAL GENERAL LIABILITY
CG 24 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 24 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1

AMENDMENT OF INSURED CONTRACT DEFINITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The definition of "insured contract" in the Definitions section is replaced by the following:

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 204 of 447

COMMERCIAL GENERAL LIABILITY
CG 40 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 40 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 EXCLUSION – CROSS SUITS LIABILITY
This endorsement modifies insurance provided under the following:

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

Exclusions of Section I – Coverages –
Coverage A – Bodily Injury And Property
Damage Liability:

This insurance does not apply to:

Cross Suits
Any claim made or " suit" brought by any Named
Insured under this Policy against another Named
Insured under this Policy for damages because of
bodily injury" or "property damage".

B. The following is added to Paragraph 2.

Exclusions of Section I – Coverages –
Coverage B – Personal And Advertising Injury
Liability:

This insurance does not apply to:

Cross Suits
Any claim made or " suit" brought by any Named
Insured under this Policy against another Named
Insured under this Policy for damages because of
personal and advertising injury".

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 205 of 447

COMMERCIAL GENERAL LIABILITY
CG 40 28 09 22
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 40 28 09 22 © Insurance Services Office, Inc., 2021 Page 1 of 1

BROAD ABUSE OR MOLESTATION EXCLUSION
This endorsement modifies insurance provided under the following:

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

Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability and Section I
Coverage B – Personal And Advertising Injury
Liability:

This insurance does not apply to damages arising out
of:

1. The actual, alleged or threatened abuse or
molestation, including but not limited to sexual
abuse or sexual molestation, of any person
committed by anyone; or

2. The negligent:
a. Employment;
b. Investigation;
c. Supervision;
d. Reporting 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 and whose conduct would be
excluded by Paragraph 1. above.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 206 of 447
IL 00 03 09 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IL 00 03 09 08 © ISO Properties, Inc., 2007 Page 1 of 1

CALCULATION OF PREMIUM
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

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART
The following is added:

The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates
and rules then in effect.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 207 of 447
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 Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.

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

3. We will mail or deliver our notice to the first
Named 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 effective even if we have not made or offered a refund.

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

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

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

C. Examination Of Your Books And Records
We may examine and audit your books and records as they relate to this policy at any time 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 insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.

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

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

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

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

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

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

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 208 of 447
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 nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or
2) Resulting from the " hazardous properties"
of " nuclear material" and with respect to
which ( a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or organization.

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

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

2. As used in this endorsement:

Hazardous properties" includes radioactive, toxic
or explosive properties.

Nuclear material" means " source material", " special nuclear material" or "by-product material".

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 209 of 447

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 component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor".

Waste" means any waste material ( a) containing
by-product material" other than the tailings or
wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its " source material" content, and (b)
resulting from the operation by any person or organization of any " nuclear facility" included under the first two paragraphs of the definition of " nuclear facility".

Nuclear facility" means:
a) Any "nuclear reactor";
b) Any equipment or device designed or used
for (1) separating the isotopes of uranium or
plutonium, ( 2) processing or utilizing " spent
fuel", or (3) handling, processing or packaging "waste"; c) Any equipment or device used for the processing, fabricating or alloying of " special nuclear material" if at any time the total
amount of such material in the custody of
the " insured" at the premises where such
equipment or device is located consists of
or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium
235;
d) Any structure, basin, excavation, premises
or place prepared or used for the storage or
disposal of "waste";
and includes the site on which any of the foregoing
is located, all operations conducted on such site
and all premises used for such operations.

Nuclear reactor" means any apparatus designed
or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical mass of fissionable material.

Property damage" includes all forms of radioactive contamination of property.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 210 of 447
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.

SOS HSIC CW SOS 09 13

SERVICE OF SUIT
As used in this endorsement, “ we”, “ us”, and “ our”, refer to Houston Specialty Insurance Company ( HSIC).

This applies in jurisdictions where we are not an admitted insurer.

It is agreed that in the event of our failure to pay the amount claimed to be due hereunder, we, at the request of the insured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such court.

It is further agreed that, pursuant to any statute of any state, territory or district of the United States which make provision therefor, we hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out to this policy of insurance and hereby designate Houston Specialty Insurance Company
General Counsel
800 Gessner Road, Suite 600
Houston, Texas 77024- 4538
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 211 of 447
HSIC CG ES 01 03 10 20
HSIC CG ES 01 03 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ THIS CAREFULLY.

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION V - DEFINITIONS, 5. "Employee" is replaced by the following:

5. " Employee" includes a "leased worker", a "temporary worker" or a "loaned employee".

B. For the purpose of this endorsement only, the following definition is added to SECTION V - DEFINITIONS:

Loaned employee" means a worker provided to you, other than by a labor union or a labor leasing firm, who acts at the direction of and within the scope of duties determined by any insured, but for whom you do not withhold any income tax or any unemployment tax.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 212 of 447
HSIC CG ES 01 18 10 20
HSIC CG ES 01 18 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CLASSIFICATION LIMITATION ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART
Coverage under this policy applies only to those operations described in the Schedule of Insurance, Coverage Parts, Declarations and or endorsements made a part of this policy.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 213 of 447
HSIC CG ES 01 27 10 20
HSIC CG ES 01 27 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ THIS CAREFULLY.

EXCLUSION - BREACH OF CONTRACT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions:

Breach of Contract
Any claim for " bodily injury'' or "property damage" arising from, directly or indirectly, breach of an express contract, including breach of an implied in law or implied in fact contract. This exclusion does not apply to liability for damages that an insured would have in the absence of the contract.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 214 of 447
HSIC CG ES 01 45 10 20
HSIC CG ES 01 45 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION

INJURY TO INDEPENDENT CONTRACTORS

OR THEIR EMPLOYEES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, and SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions:

This insurance does not apply to claims, costs or expenses due to "bodily injury", "property damage" or "personal and advertising injury" sustained by the owner, partner or "employee" of an independent contractor working for you or on your behalf.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 215 of 447
HSIC CG ES 01 47 10 20
HSIC CG ES 01 47 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - INTELLECTUAL PROPERTY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to SECTION I - COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions and SECTION I – COVERAGES and SECTION I – COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2.

Exclusions:

Intellectual Property
Bodily injury", " property damage" or " personal and advertising injury" arising out of the actual or alleged infringement, misappropriation or violation of intellectual property rights or laws, including but not limited to:
1) Trademark,
2) Trade dress,
3) Slogan,
4) Style of doing business,
5) Copyright,
6) Patent rights,
7) Trade secret rights,
8) Publicity rights,
9) Moral rights, or
10) Rights against unfair competition.

B. SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions, subparagraph f. Breach Of Contract is replaced by the following:
f. Breach Of Contract
This insurance does not apply to "personal and advertising injury" caused by or arising out of a breach of contract.

C. SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions, subparagraph i. Infringement Of Copyright, Patent, Trademark Or Trade Secret is deleted.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 216 of 447
HSIC CG ES 01 52 10 20
HSIC CG ES 01 52 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - PUNITIVE DAMAGES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions and SECTION I - COVERAGES, COVERAGE C - MEDICAL PAYMENTS, Paragraph 2. Exclusions:

This insurance does not apply to damages assessed for punitive damages, exemplary damages, multiplied damages, fines, penalties or liquidated damages. If a "suit" is brought against you for a claim falling within the coverage provided by this policy, seeking both compensatory and punitive damages, exemplary damages, multiplied damages, fines, penalties or liquidated damages, we will afford a defense to such action, but we shall not have an obligation to pay any cost, interest or damages attributed to punitive damages, exemplary damages, multiplied damages, fines, penalties or liquidated damages.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 217 of 447
HSIC CG ES 01 62 10 20
HSIC CG ES 01 62 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ THIS CAREFULLY.

EXCLUSION - DISCRIMINATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions and SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions:

Discrimination
This insurance does not apply to any liability or damages based upon, arising out of, resulting from or in consequence of, or in any way involving, directly or indirectly, any actual or alleged violation of any federal, state, or local governmental law or regulation prohibiting discrimination.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 218 of 447
HSIC CG ES 01 70 10 20
HSIC CG ES 01 70 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 1 of 2 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ASBESTOS EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to Paragraph 2. Exclusions of SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Paragraph 2. Exclusions of SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY:

This insurance does not apply to:

Asbestos

1. “ Bodily injury”, “ property damage”, “ personal and advertising injury” or “reduction in value” related, in whole or in part, to the actual, alleged, or threatened presence of, or exposure to “asbestos” in any form, or to harmful substances emanating from “ asbestos”. This includes ingestion of, inhalation of, absorption of, contact with, existence of, presence of, or exposure to, “ asbestos”. Such injury from or exposure to asbestos” also includes, but is not limited to:
a. The existence, installation, storage, handling or transportation of “asbestos”; b. The removal, abatement or containment of “asbestos” from any structures, materials, goods, products or manufacturing process;
c. The disposal of “asbestos”;
d. Any structures, manufacturing processes, or products containing “ asbestos”; e. Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage; or
f. Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with the above.

Such injury or damage is excluded regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage.

2. Any loss, cost or expense, including, but not limited to payment for investigation or defense, fines, penalties and other costs or expenses, arising, in whole or in part, out of:
a. Any claim, “ suit”, demand, judgment, obligation, order, request, settlement, or statutory or regulatory requirement that any insured or any other person or entity test for, monitor, clean up, remove, contain, mitigate, treat, neutralize, remediate, or dispose of, or in any way respond to, or assess the actual or alleged effects of “asbestos”; or
b. The testing for, monitoring, cleaning up, removing, containing, mitigating, treating, neutralizing, remediating, or disposing of, or in any way responding to or assessing the actual or alleged effects of, asbestos” by any insured or by any other person or entity; or c. Any claim, “suit”, demand, judgment, obligation, or request to investigate which would not have occurred, in whole or in part, but for the actual or alleged presence of or exposure to “asbestos”.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 219 of 447
HSIC CG ES 01 70 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 2 of 2 ends

B. The following exclusion is added to Paragraph 2. Exclusions, of COVERAGE C. MEDICAL PAYMENTS:

We will not pay expenses for “bodily injury”:

Asbestos
Due to the actual, alleged or threatened ingestions of, inhalation of, absorption of, contact with, existence of, presence of, or exposure to, “asbestos” in any form.

C. The following definitions are added to the SECTION V - DEFINITIONS:

1. “ Asbestos” means any type or form of asbestos, asbestos fibers, asbestos products, or asbestos materials, including any products, goods, or materials containing asbestos or asbestos fibers, products or materials and any gases, vapors, scents or by-products produced or released by asbestos.

2. “ Reduction in value” means any claim, demand or “suit” that alleges diminution, impairment or devaluation of property.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 220 of 447
HSIC CG ES 01 69 12 22
HSIC CG ES 01 69 12 22 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TOTAL FIREARMS EXCLUSION
This endorsement changes modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This insurance does not apply to:

Bodily injury”, “ property damage”, or “personal and advertising injury” arising out of, resulting from or in any way connected to, in whole or in part, the use of or failure to use any firearm(s).

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 221 of 447
HSIC CG ES 01 76 10 20
HSIC CG ES 01 76 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

INTERIM PREMIUM AUDIT CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 5.

Premium Audit of the COMMERCIAL GENERAL LIABILITY COVERAGE PART and to SECTION IV – PRODUCTS/ COMPLETED OPERATIONS LIABILITY CONDITIONS, Paragraph 5. Premium Audit of the PRODUCTS/ COMPLETED OPERATIONS COVERATE PART:

We reserve the right to conduct a complete audit of your records during the policy term to determine the adequacy of the advance premium deposit. If the earned premium computed for the interim audit period exceeds the prorated advance premium by an amount 10% or more we shall reserve the right to amend the premium base(s) in the Declarations to reflect the data produced by the interim audit and to revise the advance premium accordingly. Any additional premium will be due and payable upon notice to the first Named Insured.

This provision shall not serve to amend the minimum premium as shown in the Declarations or our right to conduct further audits as per Paragraph b. above.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 222 of 447
HSIC CG ES 01 77 10 20
HSIC CG ES 01 77 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 1 of 2 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LEAD EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2. Exclusions of both SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY and SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY:

This insurance does not apply to:

Lead

1. “ Bodily injury”, “property damage”, “ personal and advertising injury” or “reduction in value” arising out of the actual, alleged, or threatened presence of, or exposure to “lead”, or to harmful substances emanating from lead”. This includes ingestion of, inhalation of, absorption of, contact with, existence of, presence of, or exposure to, “lead”. Such injury from or exposure to “lead” also includes, but is not limited to:
a. The existence, installation, storage, handling or transportation of “lead”; b. The removal, abatement or containment of “lead” from any structures, materials, goods, products or manufacturing processes;
c. The disposal of “lead”;
d. Any structures, manufacturing processes, or products containing “lead”; e. Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage; or
f. Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with any of the above.

2. Any loss, cost or expense, including, but not limited to payment for investigation or defense, fines, penalties and other costs or expenses, arising out of any:
a. Demand, judgment, obligation, order, request, settlement, or statutory or regulatory requirement that any insured or any other person or entity test for, monitor, clean up, remove, contain, mitigate, treat, neutralize, remediate, or dispose of, or in any way respond to, or assess the actual or alleged effects of lead”; or
b. Testing for, monitoring, cleaning up, removing, containing, mitigating, or disposing of, or in any way responding to or assessing the actual, alleged or threatened effects of, “lead” by any insured or by any other person or entity; or
c. Claim, “suit”, demand, judgment, obligation, order or request to investigate which would not have occurred, in whole or in part, but for the actual, alleged or threatened presence of or exposure to “lead”.

This exclusion applies regardless of who manufactured, produced, installed, used, owned, sold, distributed, handled, stored or controlled the “lead”.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 223 of 447
HSIC CG ES 01 77 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 2 of 2 ends

B. Additional Definitions:

As used in this endorsement:

1. “ Lead” means lead in any type or form; paint containing lead; other products, goods or materials containing lead or lead products; and any harmful substances, scents, vapors, gases or by-products produced by, emanating from, or released by lead.

2. “ Reduction in value” means any claim, demand or “suit” that alleges diminution, impairment or devaluation of property.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 224 of 447
HSIC CG ES 01 91 10 20
HSIC CG ES 01 91 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 1 of 2 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2.

Exclusions, subparagraph g. is replaced by the following:
g. Aircraft Or Watercraft
Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading".

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

This exclusion does not apply to:
1) A watercraft while ashore on premises you own or rent; 2) A watercraft you do not own that is:
a) Less than 26 feet long; and
b) Not being used to carry persons or property for a charge; 3) Liability assumed under any " insured contract" for the ownership, maintenance or use of aircraft or watercraft; or
4) "Bodily injury" or "property damage" arising out of:
a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or
b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment”.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 225 of 447
HSIC CG ES 01 91 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 2 of 2 ends

B. The following is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions:

Auto
Any liability arising out of the ownership, maintenance, operation, use, "loading or unloading" of any "auto", whether owned, maintained, operated, used, loaded or unloaded by you or by others acting on your behalf.

Further, we shall have no duty to defend any insured against any loss, claim, "suit", or other proceedings alleging damages arising out of or related to "bodily injury" or "property damage" to which this endorsement applies.

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 226 of 447
HSIC CG ES 01 95 10 20
HSIC CG ES 01 95 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MINIMUM AND DEPOSIT PREMIUM ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 5. Premium Audit, subparagraph b. is deleted and replaced with the following:
b. The minimum and deposit premium shown on the Declarations page of this policy is the “advance premium” for the full policy term applicable to this policy.

At the close of each audit period, we will compute the “ earned premium” for that period. The “ audit premium” is due and payable to us on notice to the first Named Insured. If the “audit premium” is less than the minimum and deposit premium, the minimum and deposit premium will apply, with no return to you.

B. COMMON POLICY CONDITIONS, A. Cancellation, Paragraph 5. is deleted and replaced with the following:

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 will reflect either a 25% “ minimum earned premium” or a short-rate charge of 90% of the pro rata premium, whichever is greater. If the insured cancels after 12 months, the “advance premium” is fully earned. Any cancellation will be effective even if we have not made or offered a refund.

Advance Premium” = $25,000.00
Minimum Earned Premium” = 25% of the “advance premium” or $_______ Minimum Audit Premium” = 100% of the “advance premium” or $25,000.00 C. For the purposes of this endorsement, the following terms are defined:

1.“ Advance premium” means the premium that is stated in the policy declarations and payable in full by the first Named Insured at the inception of the policy.

2.“ Audit premium” means the premium that is developed by calculating the difference between the “advance premium” and the “earned premium”.

3.“ Earned premium” means the premium that is developed by applying the rate(s) scheduled in the policy to the actual premium basis (determined by a final audit) for the policy period.

4.“ Minimum audit premium” means the lowest premium for which insurance will be written for the full policy period or 12 months, whichever is less, and is developed as a percentage of the “advance premium”.

5.“ Minimum earned premium” means the absolute lowest premium for which insurance will be written for any portion of the policy period and is developed as a percentage of the “advance premium”.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 227 of 447
HSIC CG ES 01 96 10 20
HSIC CG ES 01 96 10 20 Includes copyrighted material of Insurance Services Offices, Inc., with its permission

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – ASSAULT OR BATTERY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART
A. The following exclusion is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions and SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions of the COMMERCIAL GENERAL LIABILITY COVERAGE PART and SECTION I – LIQUOR LIABILITY COVERAGE, Paragraph 2.

Exclusions of the LIQUOR LIABILITY COVERAGE PART:

This insurance does not apply to, nor shall we have the duty to defend, any claim or "suit" for “bodily injury”, property damage”, “personal and advertising injury”, or “injury” arising out of or related to any of the following:

1. “ Assault” and/or “battery” committed by any insured, any employee of any insured or any other person, whether or not caused by or at the direction of any insured, or arising because of the negligence of any insured; or

2. “ Assault” and/or “battery” resulting from the negligent hiring, retention, training, supervision or control of any employee of the insured; or

3. The failure to prevent or suppress an “assault” and “battery” by any person; or

4. The failure to provide an environment safe from “assault” and “battery”, including but not limited to the failure to maintain security; or

5. The use of force to protect persons or property.

This exclusion supersedes any provision in the attached policy that provides coverage for “bodily injury” arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the use of reasonable force to protect person(s) or property.

B. The following definitions are added to SECTION V – DEFINITIONS:

Assault” means the threat of, or use of force on another that causes that person to have the apprehension of imminent harmful or offensive conduct, whether or not the threat or use of force is alleged to be negligent, intentional or criminal in nature.

Battery” means negligent or intentional physical contact with another without consent that results in physical or emotional injury.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 228 of 447
HSIC CG ES 02 05 10 20
HSIC CG ES 02 05 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - LIQUOR LIABILITY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, subparagraph c. Liquor Liability is replaced by the following:
c. Liquor Liability
Bodily injury" or "property damage" for which the insured, or anyone the insured may be held liable for, may be held liable by reason of:
1) Causing or contributing to the intoxication of any person; 2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.

This exclusion applies to an insured, or anyone the insured may be held liable for, who:
1) Manufactures, sells or distributes alcoholic beverages; or 2) Serves or furnishes alcoholic beverages with or without a charge; or 3) Permits others to bring alcoholic beverages on your premises, for consumption on your premises.

This exclusion applies even if the claims against any insured, or anyone the insured may be held liable for, allege negligence or other wrongdoing in:
1) The supervision, hiring, employment, training or monitoring of others by that insured; or 2) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 229 of 447
HSIC CG ES 02 10 10 20
HSIC CG ES 02 10 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 1 of 2 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

LIABILITY INSURANCE DEDUCTIBLE ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Coverage Amount and Basis of Deductible
Bodily Injury Liability, or;
Per Claim Per Occurrence
Property Damage Liability, or,
Bodily Injury Liability and/or Property Damage Liability Combined $ 5,000 If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
APPLICATION OF ENDORSEMENT ( Enter below any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to damages for all "bodily injury" and "property damage", however caused).

THE DEDUCTIBLE AMOUNT SHALL ALSO INCLUDE ALL ALLOCATED EXPENSES, INCLUDING

LEGAL EXPENSES, INCURRED BY THE COMPANY IN THE INVESTIGATION, NEGOTIATION, SETTLEMENT AND DEFENSE OF ANY CLAIM OR SUIT SEEKING DAMAGES.

A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the SCHEDULE above as applicable to such coverages.

B. You may select a deductible amount on either a per claim or a per " occurrence" basis. Your selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the SCHEDULE above. The deductible amount stated in the SCHEDULE above applies as follows:

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 230 of 447
HSIC CG ES 02 10 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission.

Page 2 of 2 ends

1. Per Claim Basis
If the deductible amount indicated in the SCHEDULE above is on a per claim basis, that deductible applies as follows:
a. Under Bodily Injury Liability Coverage, to all damages sustained by any one person because of "bodily injury";
b. Under Property Damage Liability Coverage, to all damages sustained by any one person because of property damage"; or
c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages sustained by any one person because of:
1)" Bodily injury";
2)" Property damage"; or
3)" Bodily injury" and "property damage" combined
as the result of any one "occurrence".

If damages are claimed for care, loss of services or death resulting at any time from " bodily injury", a separate deductible amount will be applied to each person making a claim for such damages.

With respect to "property damage", person includes an organization.

2. Per Occurrence Basis
If the deductible amount indicated in the SCHEDULE above is on a "per occurrence" basis, that deductible amount applies as follows:
a. Under Bodily Injury Liability Coverage, to all damages because of "bodily injury"; b. Under Property Damage Liability Coverage, to all damages because of "property damage"; or c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages because of:
1)" Bodily injury";
2)" Property damage"; or
3)" Bodily injury" and "property damage" combined
as the result of any one " occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence".

C. The terms of this insurance, including those with respect to:

1. Our right and duty to defend the insured against any "suits" seeking those damages; and

2. Your duties in the event of an "occurrence", claim, or “suit” apply irrespective of the application of the deductible amount.

D. We may pay any part or all of the deductible amount to effect settlement of any claim or " suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 231 of 447
HSIC CG ES 02 29 01 21
HSIC CG ES 02 29 01 21 Page 1 of 5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DEFINITION OF PREMIUM BASIS ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Premiums are computed in accordance with the rates and premium basis shown in the Policy Declarations.

The first Named Insured is responsible for keeping records of the information we need for the premium computation. Refer to Premium Audit Conditions in the Coverage form and the Common Policy Conditions.

Definitions:

A. Admissions
The total number of persons, other than employees of the named insured, admitted to the event insured or to events conducted on the premises whether on paid admission, tickets, complimentary tickets or passes.

B. Area
The total number of square feet of floor space at the insured premises, computed as follows:

1. For entire buildings, by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors, including basements but do not use the area of the following:
a. Courts and mezzanine types of floor openings.
b. Portions of basements or floors where 50% or more of the area is used for shop or storage for building maintenance, dwelling by building maintenance employees, heating units, power plants or air conditioning equipment.

2. For tenants, determine the area they occupy in the same manner as for the entire buildings.

C. Each
This basis of premium involves units of exposure, and the quantity comprising each unit of exposure is indicated in the classification rates, such as "per person".

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 232 of 447
HSIC CG ES 02 29 01 21
HSIC CG ES 02 29 01 21 Page 2 of 5
D. Gross Sales

1. Definition
The gross amount charged by the named insured, concessionaires of the named insured or by others trading under the insured's named for:
a. All goods or products, sold or distributed;
b. Operations performed during the policy period;
c. Rentals.

2. Inclusions
The following items shall not be deducted from gross sales:
a. Foreign exchange discounts;
b. Freight allowance to customers;
c. Total sales of consigned goods and warehouse receipts d. Trade or cash discounts;
e. Bad debts;
f. Repossession of items sold on installments ( amount actually collect); g. Membership dues or fees;
h. Ticket sales or admission charges

3. Exclusions
The following items shall be deducted from gross sales:
a. Sales or excise taxes which are collected and submitted to a governmental division; b. Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods;
c. Finance charges for items sold on installments;
d. Freight charges on sales if freight is charged as a separate item on customers invoice; and
e. Royalty income from patent rights or copyrights which are not product sales.

E. Payroll

1. Definition
a. Payroll means remuneration;
b. Remuneration means money or substitutes for money;
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 233 of 447
HSIC CG ES 02 29 01 21
HSIC CG ES 02 29 01 21 Page 3 of 5

2. Payroll includes the following items:
a. Commissions;
b. Bonuses;
c. Extra pay for overtime work, except as proved in E.4.; d. Pay for holidays, vacations or periods of sickness;
e. Payment by an employer of amounts otherwise required by law to be paid by employees to statutory insurance or pension plans, such as the Federal Social Security Act; f. Payment to employees on any basis other than time worked, such as piece work, profit sharing of incentive plans;
g. Payment or allowance for hand tools or power tools used by hand provided by employees and used in their work or operations for the insured;
h. The rental value of an apartment or a house provided for an employee based on comparable accommodations;
i. The value of lodging, other than an apartment or house, received by employees as part of their pay, to the extent shown in the insured's records; j. The value of meals received by employees as part of their pay to the extent shown in the insured 's records;
k. The value of store certificates, merchandise, credits or any other substitute for money received by employees as part of their pay;
l. The payroll of mobile equipment operators and their helpers, whether or not the operators are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known, use 1/3 of the total amount paid out by the insured for the hire of the equipment; m. The payroll of executive officers and individual insureds and co-partners. Individual states may have their own limitations of this payroll category;
The executive officers of a corporation are the president, any vice-president, secretary, treasurer, and any other officers selected or appointed according to the charter, constitution or by-laws of the corporation.

Exception: The payroll of all executive officers and individual insured or co-partners engaged principally in clerical operations or as salesmen shall not be included for premium purposes.

Part-Time or Seasonal Businesses
The payroll amounts may be reduced by 2 percent for each full calendar week in excess of twelve during which the risk performs no operations.
n. Fees paid to employment agencies for temporary personnel provided to the insured; DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 234 of 447
HSIC CG ES 02 29 01 21
HSIC CG ES 02 29 01 21 Page 4 of 5

3. Payroll does not include:
a. Tips and other gratuities received by employees;
b. Payments by an employer to group insurance or group pension plans for employees , other than payments covered by E.2.e;
c. The value of special rewards for individual invention or discovery; d. Dismissal or severance payments except for time worked or accrued vacation; e. The payroll of clerical office employees;
Clerical office employees are those employees who work in an area which is physically separated by walls, floors or partitions from all other work areas of the insured and whose duties are strictly limited to keeping the insured's books or records or conducting correspondence, including any other employees engaged in clerical work in the same area. f. The payroll of salesmen, collectors or messengers who work principally away from the insured's premises. Salesmen, collectors or messengers are those employees engaged principally in any such duties away from the premises of the employer; Exception: This term does not apply to any employee whose duties include the delivery of any merchandise handled, treated or sold.
g. The payroll of drivers and their helpers if their principal duties are to work on or in connection with automobiles;
h. The payroll of aircraft pilots or co-pilots if their principal duties are to work on or in connection with aircraft in either capacity;
i. The payroll of draftsmen if their duties are limited to office work only and who are engaged strictly as draftsmen in such a manner that they are not exposed to the operative hazards of the business. The payroll of these draftsmen shall be assigned to the classification Draftsmen".

4. Overtime
a. Definition
Overtime means those hours worked for which there is an increase in the rate of pay:
1) For work in any day or in any week in excess of the number of hours normally worked, or
2) For hours worked in excess of 8 hours in any day or 40 hours in any week, or 3) For work on Saturdays, Sundays or Holidays.

In the case of guaranteed wage agreements, overtime means only those hours worked in excess of the number specified in such agreement.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 235 of 447
HSIC CG ES 02 29 01 21
HSIC CG ES 02 29 01 21 Page 5 of 5
b. Exclusion of Overtime Payroll
The extra pay for overtime shall be excluded from the payroll on which premium is computed as indicated in (1) or (2) below, provided the insured's books and records are maintained to show overtime pay separately by employee and in summary by classification. 1) If the records show separately the extra pay earned for overtime, the entire extra pay shall be excluded.
2) If the records show the total pay earned for overtime, (regular pay plus overtime pay) in one combined amount, 1/3 of this total pay shall be excluded. If double time is paid for overtime and the total pay for such overtime is recorded separately, 1/2 of the total pay for double time shall be excluded.

Exception to b. above: Exclusion of overtime pay does not apply to payroll assigned to the "Stevedoring" classifications.

F. Total Cost
The total Cost of all work let or sublet in connection with each specific project including:

1. The cost of all labor, materials and equipment furnished, used or delivered for use in the execution of the work;

2. All fees, bonuses or commissions made, paid or due.

G. Units
A single room or group of rooms intended for occupancy as separate living quarters by a family, by a group of unrelated persons living together, or by a person living alone.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 236 of 447
Lloyd’s Certificate
This Insurance is effected with certain Underwriters at Lloyd's, London.

This Certificate is issued in accordance with the limited authorization granted to the Correspondent by certain Underwriters at Lloyd's, London whose syndicate numbers and the proportions underwritten by them can be ascertained from the office of the said Correspondent ( such Underwriters being hereinafter called Underwriters") and in consideration of the premium specified herein, Underwriters hereby bind themselves severally and not jointly, each for his own part and not one for another, their Executors and Administrators.

The Assured is requested to read this Certificate, and if it is not correct, return it immediately to the Correspondent for appropriate alteration.

All inquiries regarding this Certificate should be addressed to the following Correspondent:

Tysers
71 Fenchurch Street
London EC3M 4BS
England
SLC-3 (USA) NMA 2868 ( 24/08/2000) - amended
Form approved by Lloyd’s Underwriters’ Non-Marine Association Limited DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 237 of 447

CERTIFICATE PROVISIONS

1. Signature Required. This Certificate shall not be valid unless signed by the Correspondent on the attached Declaration Page.

2. Correspondent Not Insurer. The Correspondent is not an Insurer hereunder and neither is nor shall be liable for any loss or claim whatsoever.

The Insurers hereunder are those Underwriters at Lloyd' s, London whose syndicate numbers can be ascertained as hereinbefore set forth. As used in this Certificate " Underwriters" shall be deemed to include incorporated as well as unincorporated persons or entities that are Underwriters at Lloyd's, London.

3. Cancellation. If this Certificate provides for cancellation and this Certificate is cancelled after the inception date, earned premium must be paid for the time the insurance has been in force.

4. Service of Suit. It is agreed that in the event of the failure of Underwriters to pay any amount claimed to be due hereunder, Underwriters, at the request of the Assured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon the firm or person named in the attached Declaration Page, and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal.

The above- named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/ or upon request of the Assured to give a written undertaking to the Assured that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted.

Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Underwriters hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Assured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above - mentioned as the person to whom the said officer is authorized to mail such process or a true copy thereof.

5. Assignment. This Certificate shall not be assigned either in whole or in part without the written consent of the Correspondent endorsed hereon.

6. Attached Conditions Incorporated. This Certificate is made and accepted subject to all the provisions, conditions and warranties set forth herein, attached or endorsed, all of which are to be considered as incorporated herein.

7. Short Rate Cancellation. If the attached provisions provide for cancellation, the table below will be used to calculate the short rate proportion of the premium when applicable under the terms of cancellation.

Short Rate Cancellation Table For Term of One Year.

Days
Insurance in
Force
Per Cent
of one year
Premium
Days
Insurance in
Force
Per Cent
of one year
Premium
Days
Insurance in
Force
Per Cent
of one year
Premium
Days
Insurance in
Force
Per Cent
of one year
Premium
1 ................................... 5%
2 ................................... 6
3 - 4 ................................... 7
5 - 6 ................................... 8
7 - 8 ................................... 9
9 - 10 ................................... 10
11 - 12 ................................... 11
13 - 14 ................................... 12
15 - 16 ................................... 13
17 - 18 ................................... 14
19 - 20 ................................... 15
21 - 22 ................................... 16
23 - 25 ................................... 17
26 - 29 ................................... 18
30 - 32 ( 1 mos ) .................. 19
33 - 36 ................................... 20
37 - 40 ................................... 21
41 - 43 ................................... 22
44 - 47 ................................... 23
48 - 51 ................................... 24
52 - 54 ................................... 25
55 - 58 ................................... 26
59 - 62 ( 2 mos ) .................. 27
63 - 65 ................................... 28
66 - 69 ................................... 29%
70 - 73 ................................... 30
74 - 76 ................................... 31
77 - 80 ................................... 32
81 - 83 ................................... 33
84 - 87 ................................... 34
88 - 91 ( 3 mos ) ................... 35
92 - 94 ................................... 36
95 - 98 ................................... 37
99 - 102 ................................... 38
103 - 105 ................................... 39
106 - 109 ................................... 40
110 - 113 ................................... 41
114 - 116 ................................... 42
117 - 120 ................................... 43
121 - 124 ( 4 mos ) ................... 44
125 - 127 ................................... 45
128 - 131 ................................... 46
132 - 135 ................................... 47
136 - 138 ................................... 48
139 - 142 ................................... 49
143 - 146 ................................... 50
147 - 149 ................................... 51
150 - 153 ( 5 mos ) ................... 52
154 - 156 ................................... 53%
157 - 160 ................................... 54
161 - 164 ................................... 55
165 - 167 ................................... 56
168 - 171 ................................... 57
172 - 175 ................................... 58
176 - 178 ................................... 59
179 - 182 ( 6 mos ) ................... 60
183 - 187 ................................... 61
188 - 191 ................................... 62
192 - 196 ................................... 63
197 - 200 ................................... 64
201 - 205 ................................... 65
206 - 209 ................................... 66
210 - 214 ( 7 mos ) ................... 67
215 - 218 ................................... 68
219 - 223 ................................... 69
224 - 228 ................................... 70
229 - 232 ................................... 71
233 - 237 ................................... 72
238 - 241 ................................... 73
242 - 246 ( 8 mos ) ................... 74
247 - 250 ................................... 75
251 - 255 ................................... 76
256 - 260 ................................... 77%
261 - 264 ................................... 78
265 - 269 ................................... 79
270 - 273 ( 9 mos ) .................. 80
274 - 278 ................................... 81
279 - 282 ................................... 82
283 - 287 ................................... 83
288 - 291 ................................... 84
292 - 296 ................................... 85
297 - 301 ................................... 86
302 - 305 ( 10 mos ) ................. 87
306 - 310 ................................... 88
311 - 314 ................................... 89
315 - 319 ................................... 90
320 - 323 ................................... 91
324 - 328 ................................... 92
329 - 332 ................................... 93
333 - 337 ( 11 mos ) ................. 94
338 - 342 ................................... 95
343 - 346 ................................... 96
347 - 351 ................................... 97
352 - 355 ................................... 98
356 - 360 ................................... 99
361 - 365 ( 12 mos ) ................. 100
Rules applicable to insurance with terms less than or more than one year:

A. If insurance has been in force for one year or less, apply the short rate table for annual insurance to the full annual premium determined as for insurance written for a term of one year.

B. If insurance has been in force for more than one year:

1. Determine full annual premium as for insurance written for a term of one year.

2. Deduct such premium from the full insurance premium, and on the remainder calculate the pro rata earned premium on the basis of the ratio of the length of time beyond one year the insurance has been in force to the length of time beyond one year for which the policy was originally written.

3. Add premium produced in accordance with items ( 1) and ( 2) to obtain earned premium during full period insurance has been in force.

8. This insurance is issued pursuant to the California Insurance Code, Sections 1760 through 1780, and is placed in an insurer or insurers not holding a Certificate of Authority from or regulated by the California Insurance Commissioner.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 238 of 447
CALIFORNIA SURPLUS LINES NOTICE 1 (POST BIND)
NOTICE:

1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED NONADMITTED" OR "SURPLUS LINE" INSURERS.

2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED INSURERS.

3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR

PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED.

4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS A NON-UNITED STATES ( ALIEN) INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR “SURPLUS LINE” BROKER OR CONTACT

THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER 1-800-927-4357 OR INTERNET WEB SITE WWW.INSURANCE. CA.GOV . ASK WHETHER OR

NOT THE INSURER IS LICENSED AS A FOREIGN OR NON-UNITED STATES ( ALIEN) INSURER AND FOR ADDITIONAL INFORMATION ABOUT THE INSURER. YOU MAY ALSO CONTACT THE NAIC’S INTERNET WEBSITE AT WWW. NAIC.ORG .

5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE’S DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER.

6. FOR NON-UNITED STATES ( ALIEN) INSURERS, THE INSURER SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITED STATES AND SHOULD BE ON THE NAIC’ S

INTERNATIONAL INSURERS DEPARTMENT ( IID) LISTING OF APPROVED NONADMITTED NON - UNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR “ SURPLUS LINE” BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER.

7. CALIFORNIA MAINTAINS A LIST OF APPROVED SURPLUS LINE INSURERS. ASK YOUR AGENT OR

BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE: WWW.INSURANCE. CA.GOV .

8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED

BE BOUND IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE

WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE

WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A

REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER’ S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU.

LMA9098A
04 May 2017
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 239 of 447

CALIFORNIA COMPLAINTS NOTICE
To request assistance or make an initial complaint, you should contact:

Tysers
71 Fenchurch Street
London EC3M 4BS
Email: complaints@tysers. com
Tel: +44 (0)20 7398 4350
In the alternative, or if you are dissatisfied with the resolution of your complaint by the above party, you may wish to contact the Lloyd’ s Complaints Department at:

Lloyd’ s Complaints Department
c/o Lloyd’ s America Inc.
280 Park Avenue,
East Tower, 25th Floor,
New York, NY 10017,
USA
Phone: 1-844-849-7828
Email: complaints@lloyds. com
The California Department of Insurance should be contacted only after discussions with the insurer, its agent, or representative, have failed to produce a satisfactory resolution. You may contact the California Department of Insurance to obtain information on your rights or make a complaint at:

Consumer Hotline
1-800-927-4357 (HELP)
TDD Number
1-800-482-4833 ( TTY)
California Department of Insurance
Consumer Services Division
300 South Spring Street, South Tower
Los Angeles, CA 90013
LMA9136A
18 August 2020
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 240 of 447
Safeguard Policy
Beazley | Safeguard
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 241 of 447
1 Contents
Insurance Company, Claims and Circumstances Notification and Complaints Information 2 Declarations 2
Coverage 5
Additional Coverage 5
Exclusions from Cover 5
Limit of Liability 7
Retention 7
Claim Requirements and Information 7
General Conditions 10
Definitions 14
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 242 of 447
2 Insurance Company, Claims and Circumstance Notification and Complaints Information
Thank you for choosing to insure with us. Please read your policy documentation carefully to ensure that the cover meets your requirements. If anything is not correct please contact your broker as soon as possible.

A. Insurance Company
Syndicate 2623/ 623 at Lloyd’ s
B. Claims and Circumstances Notification – Where to notify a claim or circumstance Beazley Group
Attn: Claims Group
30 Batterson Park Road
Farmington, CT 06032
claims@beazley. com
To report a circumstance under the Safeguard Additional Coverage, call + 1 844 285 4700 where a service representative will be available 24 hours a day, seven days a week
C. Complaints Information – How to make a complaint
Every effort is made to ensure that a high standard of service is provided. However, if the insured is not satisfied with the service it has received or it has any questions or concerns about this Policy the insured should contact:

Beazley USA Services, Inc. (on behalf of one or more Beazley Group insurers) To get information or file a complaint with your insurance company:

Online: www. beazley. com
Email: us.complaints@beazley. com
Mail: 30 Batterson Park Road
Farmington, CT 06032
All correspondence should be addressed to Beazley Complaints.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 243 of 447
3 Declarations
NOTICE: THIS POLICY IS A CLAIMS MADE AND REPORTED POLICY AND APPLIES ONLY TO CLAIMS

FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED IN WRITING TO THE INSURANCE COMPANY IN ACCORDANCE WITH THE TERMS OF THIS POLICY. AMOUNTS

INCURRED AS DEFENSE COSTS WILL REDUCE AND MAY EXHAUST THE LIMIT OF LIABILITY AND ARE SUBJECT TO THE RETENTION. PLEASE REVIEW THE COVERAGE PROVIDED UNDER THIS POLICY CAREFULLY AND DISCUSS WITH YOUR INSURANCE AGENT OR BROKER.

These Declarations along with the application, and the Policy with endorsements shall constitute the contract between the insured and the insurance company.

Policy Number: MR23A671
Unique Market Reference: B0572MR23A671
Renewal of: N/A
Named Insured: Name: The Swimming Swan LLC
Address: 903 Paseo Del Lago, Fallbrook, CA 92028
Policy Period: From: 26th May 2023 To: 26th May 2024
Both days at 12:01 a.m. Local Time at the Address specified above Limit of Liability:
a) USD 500,000 in the aggregate during the policy period for all claims brought by or on behalf of each victim, and
b) USD 500,000 in the aggregate during the policy period for all claims brought by or on behalf of all victims
and separately:
c) USD 75,000 in the aggregate during the policy period for all safeguard costs resulting from all circumstances
Such Limit of Liability shall be in addition to the overall Limit of Liability stated in a) and b) above.

Retention:

USD 25,000 any one Victim
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 244 of 447
4 Optional Extension Period: 12 months Additional premium of 100% of the annual premium plus applicable taxes, provided no claims and/ or circumstances have been reported to the insurance company.

In the event any claims and/ or circumstances have been reported to the insurance company, the additional
premium for the 12 month optional extension period will be determined by the insurance company at the time this Policy is not renewed or replaced by the insurance
company
Premium:

USD 5,000 + USD 250 policy processing fee ( annual) plus applicable taxes Notification pursuant to Clause IX. Shall be given to:

Beazley Group
Attn: Claims Group
30 Batterson Park Road
Farmington, CT 06032
claims@beazley. com
or
Other Notices:

To report a circumstance under the Safeguard Additional Coverage, Call +1 844 285 4700 where a service representative will be available 24 hours a day, seven days a week Retroactive Date:
26th May 2023
Pending or Prior Litigation Date:
26th May 2023
Service of Suit:

Service of process in any suit shall be made upon:

Lloyd’ s America, Inc. Attention: Legal Department 280 Park Avenue, East Tower, 25th Floor New York, NY 10017
Governing Law:

New York
Brokerage Fee $500.00
Policy Fee - Carrier $250.00
Surplus Lines Tax $ 157. 50
Stamping Office Fee $ 9.45
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 245 of 447
5 This contract is subject to US state surplus lines requirements. It is the responsibility of the surplus lines broker to affi x a surplus lines notice to the contract document before it is provided to the insured. In the event that the surplus lines notice is not affixed to the contract document the insured should contact the surplus lines broker.

Dated in London: 12th June 2023
Authorised Signature
Tysers ( Correspondent)
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 246 of 447
6 NOTICE: THIS POLICY IS A CLAIMS MADE AND REPORTED POLICY AND APPLIES ONLY TO CLAIMS FIRST

MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORT ED IN WRITING TO THE INSURANCE COMPANY IN ACCORDANCE WITH THE TERMS OF THIS POLICY. AMOUNTS INCURRED AS

DEFENSE COSTS WILL REDUCE AND MAY EXHAUST THE LIMIT OF LIABILITY AND ARE SUBJECT TO THE RETENTION. PLEASE REVIEW THE COVERAGE PROVIDED UNDER THIS POLICY CAREFULLY AND DISCUSS WITH YOUR INSURANCE AGENT OR BROKER.

The insurance company agrees with the named insured in consideration of the payment of, or agreement to pay, the premium and subject to all the provisions of this Policy:

Coverage
Sexual Abuse and Misconduct Liability
To pay loss resulting from any claim first made against any insured during the policy period for a wrongful act and reported in accordance with the Claim Requirements and Information section.

Additional Coverage
Safeguard Coverage
To pay, at the insurance company’ s sole discretion, any safeguard costs resulting from any circumstance which the insureds first become aware of during the policy period, provided that, as a condition to coverage:
a) such circumstance is reported to the insurance company in accordance with the Claim Requirements and Information section, but in no event later than 72 hours after a responsible person becomes aware of such circumstance; and b) the insured organization enters into a formal written agreement with the safeguard service provider within 24 hours of the insurance company appointing such safeguard service provider.

Exclusions from Cover
The insurance company will not be liable for any loss in connection with or resulting from:

Assumed Liability
any claim or circumstance arising out of, based upon, attributable to or in any way involving any liability of others assumed by the insured under any contract or agreement, either oral or written, including any hold harmless or indemnity agreements.

This Exclusion will not apply to the extent the insured would have been liable in the absence of such contract or agreement.

Employment- Related Practices
that part of any claim or circumstance arising out of, based upon, attributable to or in any way involving any employment- related practice, policy, act or omission which does not otherwise constitute a wrongful act.

Indemnity to Perpetrator
any claim against any insured person who personally committed, participated in or assisted in any act of sexual abuse and misconduct.

This Exclusion will not apply to any defense costs incurred by such insured person until such time as:
a) such insured person is judicially determined to have committed, participated in or assisted in any act of sexual abuse and misconduct; or
b) such insured person admits in any context to having committed, participated in or assisted in any act of sexual abuse and misconduct.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 247 of 447
7 Insured against Insured
any claim brought by or on behalf of any insured.

Prior and Pending
any claim arising out of, based upon, attributable to or in any way involving any circumstance, written demand for monetary damages, litigation, arbitration, administrative or other proceeding which was alleged or brought against an insured prior to the prior and pending date, or any wrongful act or fact or circumstance underlying or alleged therein.

Prior Knowledge of Acts of Sexual Abuse and Misconduct
any claim or circumstance if, prior to the date of the wrongful act giving rise to such claim or circumstance, any insured was aware of any allegation or complaint of any act of sexual abuse and misconduct being made against the same insured person as accused in such claim or circumstance.

Prior Notice
any claim or circumstance arising out of, based upon, attributable to or in any way involving:
a) any act of sexual abuse and misconduct, fact, circumstance, transaction or situation which has been the subject of any claim or circumstance, whenever made, of which notice has been provided prior to the policy period under any other policy, or b) any act of sexual abuse and misconduct which is considered related acts of sexual abuse and misconduct of which notice of the earlier such act of sexual abuse and misconduct has been provided prior to the policy period under any other policy.

Limit of Liability
The Limit of Liability specified in Declarations under part ( a) is the maximum amount payable by the insurance company for all loss under this Policy in respect of all claims against the insureds brought by or on behalf of each victim.

The Limit of Liability specified in Declarations under part ( b) is the maximum amount payable by the insurance company for all loss under this Policy in respect of all claims against the insureds brought by all victims.

The Limit of Liability specified in Declarations under part ( c) is the maximum amount payable by the insurance company for all safeguard costs under this Policy in respect of all circumstances. Such Limit of Liability will be in addition to the Limit of Liability specified in Declarations under parts ( a) and ( b).

Any loss paid by the insurance company under this Policy will reduce all applicable Limits of Liability.

The insurance company will not be obligated to pay any loss, or defend any claim, after the applicable Limits of Liability have been exhausted, or after deposit of the Limit of Liability in a court of competent jurisdiction.

Retention
The Retention specified in the Declarations will apply separately for claims brought by or on behalf of each victim, and the insurance company will be liable only for loss in excess of that amount.

The Retention for each victim will be satisfied by monetary payments of loss by the insured.

No Retention will apply to safeguard costs.

Claim Requirements and Information
Notification of Claims
As a condition to coverage under this Policy, the insured must give notice to the insurance company of any claim as soon as practicable but in no event later than 30 days after any responsible person first becomes aware of such claim or 30 days after the end of the policy period ( whichever date is earlier).

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 248 of 447
8 Notification of Circumstances
The insured may during the policy period notify the insurance company of any circumstance.

Any notice must include:
a) the reasons why the insured reasonably anticipates that such circumstance could give rise to a claim, and b) full particulars of the dates, acts and persons involved ( where available).

If a claim is made after the end of the policy period and arises from a circumstance reported in accordance with this provision, then such claim will be deemed to have been made at the same time as the circumstance was reported to the insurance company.

Related Claims
All related claims:
a) are deemed a single claim for the purposes of this Policy, irrespective of the number of insureds involved in the claim, and b) are deemed to have been made at the time of the first such claim, and c) will be treated by the insurance company as having been reported when the first of such claims was reported or is deemed to have been reported to the insurance company, and
d) will be subject to a single Retention.

Related Acts of Sexual Abuse and Misconduct
All related acts of sexual abuse and misconduct:
a) are deemed a single act of sexual abuse and misconduct for the purposes of this Policy, irrespective of the number of insured’ s involved, and
b) are deemed to have been first committed at the time of the first such act of sexual abuse and misconduct.

Notice to the Insurance Company
All notices to the insurance company must be sent either by e-mail to or by mail to the address specified in the Declarations.

Defense, Safeguard Costs and Settlement
a) Duties
The insurance company has the right and duty to defend any claim against the insured seeking loss which is payable under the terms of this Policy, even if any part of such claim is groundless, false or fraudulent. b) Selection of defense counsel and consent to defense costs and safeguard costs The insurance company has the right to select defense counsel and will not be obligated to pay defense costs or safeguard costs unless it has given prior written consent to such defense costs or safeguard costs being incurred. c) Repayment of defense costs
To the extent it is established that any defense costs paid by the insurance company are not covered in whole or in part under this Policy, the named insured shall repay such defense costs to the insurance company. d) Settlement of claims
The insured will not admit liability, make any payment, assume any obligation, incur any expense, make an offer to settle or agree to any settlement, stipulate to any judgment or dispose of any claim without the prior written consent of the insurance company.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 249 of 447
9 If the insured refuses to consent to any settlement recommended by the insurance company and acceptable to the claimant, the insurance company’ s liability for loss will not exceed:
i. the amount for which the claim could have been settled, less the remaining Retention, plus the defense costs incurred up to the time of such refusal, plus
ii. 20% of any loss incurred after the date such settlement was recommended to the insured, with the remaining 80% of such loss to be borne by the insured at their own risk and uninsured.

Assistance and Cooperation
If any claim or circumstance is reported by the insured under this Policy, the insured will give all information and assistance to the insurance company as it may need to investigate such claim or circumstance. The insured will cooperate with the insurance company in responding to such claim or circumstance. The insured agrees not to take any action which in any way increases the insurance company’ s exposure under this Policy.

Any costs to provide such information or assistance to the insurance company will be at the insured’ s own cost.

Allocation
If a judgment, award and/ or settlement constitutes both loss covered by this Policy and loss uncovered by this Policy either because the claim includes both covered and uncovered allegations or because it includes both insured and uninsured parties , then the insured and the insurance company will use their best efforts to determine a fair and appropriate allocation between that portion of loss that is covered under this Policy and that portion of loss that is not covered under this Policy. The insurance company and the insured agree that in determining a fair and appropriate allocation of loss and non-covered loss, such parties will take into account the relative legal and financial exposures of the settlement of the claim by the insured and others.

Other Insurance
The insurance under this Policy will apply in excess of any other valid and collectible insurance available to any insured, including any self-insured retention or deductible of such insurance. This provision will not apply where such other insurance is written only as specific excess insurance over this Policy.

Subrogation and Recoveries
If any payment is made under this Policy, the insured will transfer its rights of recovery against any third party to the insurance company. The insured will do whatever is reasonably necessary to secure and preserve such rights after a claim is first made against them or the date they become aware of a circumstance.

Any amounts recovered will be applied in the following order:
a) to reimburse costs incurred by or on behalf of the insurance company in bringing proceedings against such other party; b) then to the insured for the amount of any loss which exceeds the Limit of Liability; c) then to the insurance company up to the amount of the loss paid by the insurance company and the Limit of Liability will be reinstated for such amounts;
d) then to the insured to reimburse the Retention.

Action against the Insurance Company
No action will lie against the insurance company unless and until the insured has fully complied with all the terms of this Policy.

No person or organization will have the right under this Policy to join the insurance company as a party to an action against the insured to determine the insured’ s liability or implead the insurance company in any such action.

General Conditions
Change of Control or Subsidiary Acquired by Another Entity In the event during the policy period:
a) there is a change of control, or
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 250 of 447
10 b) a subsidiary is acquired by another entity,
this Policy will not apply to that part of any claim or circumstance which arises from a wrongful act that was committed after such change of control or acquisition.

The named insured will, as soon as practicable, give the insurance company written notice of a change of control.

Mergers and Acquisitions
a) In the event the named insured acquires another entity whose number of employees do not exceed 20% of the total number of employees of the insured organization as the time of acquisition, then such acquired entity will be considered part of the insured organization, and this Policy will apply, from the date of such acquisition, for any claim or circumstance in any way involving such entity; or
b) In the event the named insured:
i. merges with another entity such that the named insured is the surviving entity; or ii. acquires another entity whose number of employees exceeds the percentage threshold in (a) above, then this Policy will only apply for a period of 60 days, from the date of such merger or acquisition, for any claim or circumstance in any way involving such merged or acquired entity.

After 60 days, coverage will only be available under this Policy if:

1. the named insured provides the insurance company with information in connection with such merger or acquisition as the insurance company requires; and

2. the named insured accepts any special terms, conditions, exclusions or additional premium charge as may be required by the insurance company.
c) Coverage for such entity specified in (a) or (b) above:
i. will only apply if all employees of such entity specified in (a) or (b) above have successfully completed both a criminal background and abuse registry check prior to the time of such merger or acquisition; and ii. will only apply to that part of any claim or circumstance for any wrongful act committed after the date of such merger or acquisition.

Optional Extension Period
If this Policy is not renewed or replaced by the insurance company, the named insured will be entitled to purchase an optional extension period.

The optional extension period will only be available if:
a) the named insured gives written notice to the insurance company of its intent to purchase the optional extension period within 60 days after the end of the policy period; and
b) the named insured pays the additional premium specified in the Declarations to the insurance company within 60 days after the end of the policy period.

The optional extension period will only apply to that part of any claim or circumstance for any wrongful act committed before the end of the policy period. In no event will the optional extension period apply to any safeguard costs.

The optional extension period cannot be cancelled, and the premium is deemed fully earned at the inception date of such optional extension period.

The optional extension period will not increase the Limit of Liability. Any payments with respect to claims made during the optional extension period will be part of the Limit of Liability.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 251 of 447
11 The offer of renewal terms, conditions or premiums different from those in effect prior to renewal will not constitute non - renewal or replacement.

Cancellation
a) By the named insured
If an insured has not reported any claims or circumstances, the named insured may cancel this Policy by giving the insurance company written notice stating when thereafter the cancellation will be effective. In such event the insurance company will give the named insured the customary short rate refund of the premium for the remaining portion of the policy period, subject always to a 5% minimum earned premium.
b) By the insurance company
The insurance company will have the right to cancel this Policy only for non-payment of premium by providing in writing 20 days notice of cancellation to the named insured. If the premium is paid in full to the insurance company before the 20 day notice period expires, notice of cancellation will automatically be revoked. In the event of cancellation, the insurance company will be entitled to the pro-rata portion of the premium. If the foregoing notice provision is in conflict with any governing law or regulation, then such provision will be amended to afford the minimum requirements permitted thereunder.

Non-Renewal
The insurance company may non-renew this Policy by giving the named insured 60 days written notice before the end of the policy period. The mailing of such notice shall be sufficient notice. Delivery of such written notice by the insurance company will be equivalent to mailing. If the foregoing notice provision is in conflict with any governing law or regulation, then such provision will be amended to afford the minimum requirements permitted thereunder.

Authorization
The named insured will be considered the agent of all the insureds. This means that the named insured:
a) will act on behalf of all the insureds with respect to the giving of or receipt of all notices pertaining to this Policy, and b) will accept any endorsements to this Policy, and
c) will be responsible for the payment of all premiums and Retentions and for receiving any refunds of premium.

Assignment
The insured cannot assign this Policy or any right under it without the prior written consent of the insurance company.

Headings
The titles of provisions or endorsements in this Policy are intended solely for conve nience and reference. They are not deemed in any way to limit, expand or otherwise affect the provisions to which they relate.

Single form of a Word
Whenever the singular form of a word is used in this Policy, the same word will include the plural when req uired by context.

Governing Law
This Policy will be governed by and construed in accordance with the laws of the state designated in the Declarations.

Service of Suit
It is agreed that in the event of the failure of the insurance company to pay any amount claimed to be due under this Policy, the insurance company, at the request of the insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this General Condition constitutes or should be understood to constitute a waiver of the insurance company’ s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the Un ited DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 252 of 447
12 States or of any state in the United States. It is further agreed that service of process in such suit may be made upon the insurance company’ s representative, specified in the Declarations, and that in any suit instituted against any one of them upon this contract, the insurance company will abide by the final decision of such court or of any appellate court in the event of an appeal.

The insurance company’ s representative specified in the Declarations is authorized and directed to accept service of process on behalf of the insurance company in any such suit and/ or upon the request of the insured to give a written undertaking to the insured that they will enter a general appearance upon the insurance company’ s behalf in the event such a suit shall be instituted.

Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the insurance company hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this Policy, and hereby designates the insurance company’ s representative, specified in the Declarations, as the person to whom the said officer is authorized to mail such process or a true copy thereof.

Entire Agreement
By acceptance of the Policy, the insured agrees that this Policy embodies all agreements between the insurance company and the insured relating to this Policy. No change or modification to this Policy will be effective unless made by endorsement issued by the insurance company.

Representation by the Insured
The insured represents that the statements contained in the application are true, accurate and are not misleading. The insured also agrees that the insurance company issued this Policy, and assume the risks hereunder, in reliance upon the trut h of such statements.

In the event that the application contains misrepresentations made with the actual intent to deceive, or contains misrepresentations which materially affect either the acceptance of the risk or the hazard assumed by the insurance company under this Policy, this Policy will not afford any coverage with respect to:
a) those insureds who made or had knowledge of such misrepresentations; and b) all insureds if the individuals who executed the application made or had knowledge of such misrepresentations.

Except as provided for in paragraph ( b) above, no knowledge possessed by any insured will be imputed to any other insured.

None of the foregoing provisions in this General Condition will in any other way limit or void the insurance company’ s rights to rescind this Policy.

The Insurance Company’ s Consent
Where the insured is required under this Policy to seek the consent of the insurance company, the insurance company will not unreasonably withhold, delay or deny such consent.

Sanction Limitation
The insurance company will not be liable to provide any cover, benefit or pay any loss under this Policy to the extent that the provision of such cover, benefit or payment of such loss would expose the insurance company to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the United States of America, Canada, European Union or United Kingdom.

Bankruptcy
Bankruptcy or insolvency of the insureds will not relieve the insurance company of its obligations, or deprive the insurance company of its rights or defenses under this Policy.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 253 of 447
13 Territory
This Policy will apply to claims made against the insureds anywhere in the world.

Valuation and Currency
All premiums, limits, retentions, loss and other amounts under this Policy are expressed and payable in the currency of the United States. If judgment is rendered, settlement is denominated or another element of loss under this Policy is stated in a currency other than United States dollars, payment under this Policy will be made in United States dollars at the rate of exchange published in the Wall Street Journal on the date the judgment becomes final or payment of the settlement or other element of loss is due.

Complaints
Every effort is made to ensure that a high standard of service is provided. However, if the insured is not satisfied with the service it has received or it has any questions or concerns about this Policy the insured should contact Beazley Complaints as indicated on the Insurance Company, Claim and Circumstance Notification and Complaints Information form.

Definitions
The following definitions are applicable to this Policy:
application means the completed and signed application for this Policy including any written materials submitted with the application, all of which will be deemed part of this Policy, as if physically attached. change of control means:
a) the acquisition by any person or entity of more than 50% of the outstanding securities or equity interest of the named insured representing the present right to vote for the election of directors; or b) the merger or consolidation of the named insured into another entity such that the named insured is not the surviving entity.
change of control will not be considered to have occurred in the event of financial impairment. circumstance means a wrongful act or a reasonable suspicion thereof that has not yet given rise to a claim. claim means:
a) a written demand for monetary damages;
b) a written document filed with a governmental authority as a prerequisite to filing a civil proceeding; or c) a civil or administrative proceeding.
claim will not include any criminal, investigative or regulatory proceeding. defense costs means:
a) reasonable fees, costs and expenses, including legal fees, costs and expenses, necessarily incurred by or on behalf of the insured in connection with the investigation, defense, settlement or appeal of a claim; b) all other fees, costs and expenses incurred by or on behalf of the insured with the insurance company’ s prior written consent; and
c) premiums for appeal bonds for covered judgments or bonds to release prop erty used to secure a legal obligation, if required for a claim against any insured for a wrongful act. However, the insurance company will have no obligation to appeal or to obtain such bonds.
defense costs will not include the salary and/ or cost of time of any insured person ( except expenses of employees where required to attend a court hearing or trial, subject to a cap of $500 travel per day and an aggregate of $10,000 for each claim regardless of the number of employees), overheads expenses of the insured organization or any safeguard costs. employee means any natural person employed by the insured organization for wages or salary, which includes part time, seasonal, leased and temporary workers.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 254 of 447
14 employee will include volunteers, substitute teachers, student teachers, coaches, counselors and clergy while performing activities on the insured organization’ s behalf that the insured organization has authorized and/ or sponsored. employee does not include individuals who are leased to another employer. financial impairment means the appointment by any state or federal official, agency or court of any receiver, trustee, examiner, conservator, liquidator, rehabilitator or similar official to take control of, supervise, manage or liquidate the insured organization.
independent contractor means any natural person who is self- employed and performs labor or service for the insured organization pursuant to a written contract or agreement, where only the result of such labor or service is under the exclusive direction of the insured organization. The status of an individual as an independent contractor shall be determined as of the date of an alleged wrongful act.
insured means the insured organization and the insured persons. insured organization means:
a) the named insured;
b) any subsidiary; and
c) the named insured or any subsidiary as a debtor in possession under the United States bankruptcy law or similar legal status under foreign law.
insured persons means any natural person who was, is or during the policy period becomes:
a) a director or officer of the insured organization;
b) a manager, managing member, member of the board of managers, managing partner, general partner of a limited partnership ( including the board of directors of any such general partner that is a corporation) or equivalent executive of the insured organization;
c) an employee; or
d) an independent contractor
but only when and to the extent acting for and on behalf of the insured organization in such capacity. insured persons will include:
i. the lawful spouse, civil or domestic partner of any natural person specified above:

1. solely in their capacity as such, and

2. only for the purposes of any claim seeking damages recoverable from:
a. marital community property,
b. property jointly held by any such person and the spouse, civil or domestic partner, or c. property transferred from any such person to the spouse, civil or domestic partner, and ii. the estate, heirs, legal representatives, trusts, estate planning vehicles or assigns of any natural person specified above in the event of their death, incapacity or bankruptcy.
insurance company means Syndicate 2623/ 623 at Lloyd’ s. loss means:
a) judgments ( including pre and post-judgment interest), awards, settlements and statutory attorney fees incurred by the insured;
b) defense costs; and
c) with respect to the Safeguard Additional Coverage, safeguard costs. loss will not include:

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 255 of 447
15 i. fines, sanctions or penalties;
ii. punitive or exemplary damages or any damages which are a multiple of compensatory damages; and iii. any amounts deemed uninsurable by law.
management control means:
a) owning interest representing at least 50% of the voting, appointment or designation power for the selectio n of a majority of the board of directors of a corporation, the members of the management board of a limited liability corporation, the management committee members of a joint venture or with respect to entities operating or organized outside the United States of America, persons serving in a functionally equivalent role; or b) having the right, pursuant to written contract or the bylaws, charter, operating agreement or similar documents of the insured organization to elect, appoint or designate a majority of the board of directors of a corporation, the management board of a limited liability corporation, the management committee members of a joint venture or with respect to entities operating or organized outside of the United States of America, persons serving in a functionally equivalent role. named insured means the entity specified in the Declarations. optional extension period means the period specified in the Declarations after the end of the policy period in respect of claims first made against the insured and reported to the insurance company during such period specified in the Declarations. policy period means the period specified in the Declarations. prior and pending date means the date specified in the Declarations. related claims means all claims made by or on behalf of each victim involving the same wrongful act or related acts of sexual abuse and misconduct.
related acts of sexual abuse and misconduct means any and all acts of sexual abuse and misconduct against any one victim which have as a common nexus any fact, circumstance, situation, event, transaction, cause or series of causally or logically connec ted facts, circumstances, situations, events, transactions or causes. responsible person means any member of the management committee, chairperson, chief executive officer, chief operating officer, president, chief financial officer, risk manager, human resources staff or an individual acting in a similar capacit y with the insured organization.
retroactive date means the date specified in the Declarations. safeguard costs means reasonable costs necessarily charged by a safeguard service provider on behalf of the insured organization in connection with providing safeguard services.
safeguard service provider means any service provider who is appointed at the sole decision of the insurance company. safeguard services means any one or more of the following services that a safeguard service provider provides to the insured organization which at the sole decision of the insurance company are necessary to mitigate harm to the insured organization’ s reputation or potential covered damages, judgments or settlements by the Policy resulting from a circumstance:

1. crisis communications services;

2. crisis management services;

3. forensic and investigatory services;

4. legal services;

5. government relations services;

6. victim support service;

7. hotline services; or

8. any other services approved in advance by the insurance company.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 256 of 447
16 sexual abuse and misconduct means any actual or alleged abuse, molestation, mistreatment or maltreatment of a sexual nature, including, but not limited to, any sexual involvement, sexual conduct or sexual contact, regardless of consent. subsidiary means any entity, including any limited liability corporation and joint venture, in which the named insured either directly or indirectly has or had management control on or before the inception date of this Policy. Coverage for such entity will only apply for any wrongful act committed while the named insured had management control of such entity. victim means any individual who alleges that he or she is the subject of an act of sexual abuse and misconduct. wrongful act means:
a) any act of sexual abuse and misconduct first committed by an insured person on or after the retroactive date against any one victim whilst performing duties in relation to the insured organization’ s business; or b) any negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities any person, including any minor, who first committed any act of sexual abuse and misconduct on or after the retroactive date against any one victim by any insured whilst performing duties in relation to the insured organization’ s business. wrongful act will not include related acts of sexual abuse and misconduct where the first such act of sexual abuse and misconduct was committed prior to the retroactive date.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 257 of 447
17 ADDITIONAL CLAUSES AND ENDORSEMENTS
ENDORSEMENT NUMBER 1
It is hereby understood and agreed that wherever the word "Policy" appears herein same shall be deemed to read "Certificate".

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

POLICY COMPLAINTS NOTICE
Should you have a dispute concerning your policy you should contact the agent first. If the dispute is not resolved, you may contact any of the following to make a complaint:

Policy Correspondent: Tysers
71 Fenchurch Street
London EC3M 4BS
Email: complaints@tysers. com
Tel: +44 (0)20 7398 4350
Lloyds Complaints
Department: Lloyd' s Market Services
G6/86
One Lime Street
London
EC3M 7HA
Email: complaints@lloyds. com
Tel: +44 (0)20 7327 5693
This notice is for information only and does not become a part or condition of the policy.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 258 of 447
18 How to report an incident
An insured should call +1 844 285 4700, where a service representative will be available 24 hours a day, seven days a week. The service representative will take some initial details and connect the insured with an experienced member of the Beazley team.

Beazley Safeguard
Beazley | Safeguard
A comprehensive risk management and response solutions for organizations entrusted with the care of minors and vulnerable adults.

Prevention services
Beazley Safeguard clients have access to
www.beazleysafeguard. com, a dedicated risk
management website managed by Praesidium, a risk
management firm with over two decades of experience
helping organizations reduce the risk of sexual abuse of vulnerable populations.

Resources available to all policyholders:

Model policies to assist organizations in the creation of abuse prevention policy documentation
Discounted background screening services available
with an additional contract*
Screening and selection toolkit to assist in effective
screening of employees and caregivers
Crisis response toolkit that includes written resources and guidance to navigate crisis response before, during and after an allegation
Foundational webinars covering abuse prevention
guidance
Online abuse prevention training
Praesidium helpline for non-emergency discussion of
high-level concerns ( in addition to the incident reporting hotline)
Additional resources available to policyholders who meet a premium threshold:

Offsite general consultation with Praesidium’ s Safety Analysts two hours)
Webinars for specific industries and issues (two per year) Resources available to all policyholders, at an additional cost:

Certified Praesidium Guardian workshop where
participants learn best practices in organizational
abuse prevention
Creating a safe environment facilitator led video
program
Onsite training for abuse prevention, response and
investigation
Know your score online self-assessment
A range of surveys, reviews and assessments
resulting in Praesidium providing organizations with
tailored advice and recommendations
Praesidium accreditation which publicly
demonstrates commitment to maintaining safer
environments.

Response services
Allegations and incidents of abuse are usually complex, highly sensitive and time-critical. Organizations, most of which will never have dealt with such situations, can feel unprepared and overwhelmed at the prospect of managing their response and the multitude of issues suddenly confronting them.

However, the onus is upon the organization to act quickly and decisively. The nature and speed of the response are everything. If handled well, the response can limit the distress caused, as well as the risk of serious reputational and financial damage.

Beazley has partnered with several firms, all highly experienced and expert in their respective fields, to address the many operational and reputational challenges that organizations might face in the event of a crisis situation.

While the service providers’ fees and expenses will be met by Beazley up to the separate limited amount, the service providers will beengaged directly by the insured, to represent the insured’ s interests.

The service offering
Watch this video to learn about the services available through your Safeguard policy.

Our expert panel can offer the following services, which can be tailored to the demands of a particular situation:

Crisis management and communication services
Legal services
Forensic and investigatory services
Access to a range of other services such as victim support and government relations.

For further details about the Beazley Safeguard product, please contact your broker directly.

Not available for policyholders based in Canada
The descriptions contained in this communication/ brochure/ factsheet are for preliminary informational purposes only. Coverages are underwritten by Beazley syndicates at Lloyd’s and will vary depending on individual country law requirements and may be unavailable in some countries. Coverages are available in the US only on a surplus lines basis through licensed surplus lines brokersThe exact coverage afforded by the product(s) described in this communication/ brochure/ factsheet is/ are subject to and governed by the terms and If an organization experiences an incident, Beazley can deploy experts to support an insured through the initial crisis period.
75,000 limit available
First dollar coverage ( no self insured retention
applicable).

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 259 of 447
19 SMALL ADDITIONAL OR RETURN PREMIUMS CLAUSE (U.S.A.)
NOTWITHSTANDING anything to the contrary contained herein and in consideration of the premium for which this Insurance is written, it is understood and agreed that whenever an additional or return premium of US$2 or less becomes due from or to the Assured on account of the adjustment of a deposit premium or of an alteration in coverage or rate during the term or for any other reason, the collection of such premium from the Assured will be waived or the return of such premium to the Assured will not be made, as the case may be.

NMA1168

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 260 of 447
20 NUCLEAR INCIDENT EXCLUSION CLAUSE-LIABILITY-DIRECT (BROAD) (U.S.A.) For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone:

Owners, Landlords and Tenants Liability, Contractual Liability, Elevator Liability, Owners or Contractors including railroad) Protective Liability, Manufacturers and Contractors Liability, Product Liability, Professional and Malpractice Liability, Storekeepers Liability, Garage Liability, Automobile Liability ( including Massachusetts Motor Vehicle or Garage Liability),
not being insurances of the classifications to which the Nuclear Incident Exclusion Clause-Liability-Direct (Limited) applies.

This Policy* does not apply:

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

II. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization.

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

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 261 of 447
21 IV. As used in this endorsement:
hazardous properties" include radioactive, toxic or explosive properties; " nuclear material" means source material, special nuclear material or by-product material; " source material", " special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; " waste" means any waste material ( 1) containing by-product material and ( 2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph ( a) or (b) thereof; "nuclear facility" means:
a) any nuclear reactor,
b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, ( 2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property.

It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached.

NOTE: As respects policies which afford liability coverages and other forms of coverage in addition, the words underlined should be amended to designate the liability coverage to which this clause is to apply. 17/3/60
NMA1256
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 262 of 447
22 RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE- LIABILITY- DIRECT ( U.S.A.) For attachment ( in addition to the appropriate Nuclear Incident Exclusion Clause-Liability-Direct) to liability insurances affording worldwide coverage.

In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
13/2/64
NMA1477
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 263 of 447
23 WAR AND TERRORISM EXCLUSION ENDORSEMENT
Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss;

1. war, invasion, acts of foreign enemies, hostilities or warlike operations ( whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or

2. any act of terrorism.

For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/ or the threat thereof, of any person or group( s) of persons, whether acting alone or on behalf of or in connection with any organisation( s) or government( s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to 1 and/or 2 above.

If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured.

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
08/10/01
NMA2918
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 264 of 447
24 U.S. TERRORISM RISK INSURANCE ACT OF 2002 AS AMENDED

NEW & RENEWAL BUSINESS ENDORSEMENT
This Endorsement is issued in accordance with the terms and conditions of the "U.S. Terrorism Risk Insurance Act of 2002" as amended, as summarized in the disclosure notice.

In consideration of an additional premium of USD NIL paid, it is hereby noted and agreed with effect from inception that the Terrorism exclusion to which this Insurance is subject, shall not apply to any “ insured loss” directly resulting from any act of terrorism" as defined in the "U.S. Terrorism Risk Insurance Act of 2002", as amended ("TRIA").

The coverage afforded by this Endorsement is only in respect of any “ insured loss” of the type insured by this Insurance directly resulting from an "act of terrorism" as defined in TRIA. The coverage provided by this Endorsement shall expire at 12:00 midnight December 31, 2027, the date on which the TRIA Program is scheduled to terminate, or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which arise after the earlier of these dates.

The Terrorism exclusion, to which this Insurance is subject, applies in full force and effect to any other losses and any act or events that are not included in said definition of "act of terrorism".

This Endorsement only affects the Terrorism exclusion to which this Insurance is subject. All other terms, conditions, insured coverage and exclusions of this Insurance including applicable limits and deductibles remain unchanged and apply in full force and effect to the coverage provided by this Insurance.

Furthermore the Underwriter( s) will not be liable for any amounts for which they are not responsible under the terms of TRIA (including subsequent action of Congress pursuant to the Act) due to the application of any clause which results in a cap on the Underwriter’ s liability for payment for terrorism losses.

LMA5389
09 January 2020
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 265 of 447
25 SEVERAL LIABILITY CLAUSE
PLEASE NOTE – This notice contains important information. PLEASE READ CAREFULLY The liability of an insurer under this contract is several and not joint with other insurers party to this contract. An insurer is liable only for the proportion of liability it has underwritten. An insurer is not jointly liable for the proportion of liability underwritten by any other insurer. Nor is an insurer otherwise responsible for any liability of any other insurer that may underwrite this contract.

The proportion of liability under this contract underwritten by an insurer (or, in the case of a Lloyd’ s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown in this contract.

In the case of a Lloyd’ s syndicate, each member of the syndicate ( rather than the syndicate itself) is an insurer. Each member has underwritten a proportion of the total shown for the syndicate ( that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that member’ s proportion. A member is not jointly liable for any other member’ s proportion. Nor is any member otherwise responsible for any liability of any other insurer that may underwrite this contract. The business address of each member is Lloyd’ s, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd’ s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd’ s, at the above address.

Although reference is made at various points in this clause to “ this contract” in the singular, where the circumstances so require this should be read as a reference to contracts in the plural.

LMA5096 ( Combined Certificate)
7 March 2008
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 266 of 447
26 SANCTION LIMITATION AND EXCLUSION CLAUSE
No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that ( re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America. 15/09/10
LMA3100
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 267 of 447
27 CYBER ACTS CLARIFICATION ENDORSEMENT
This endorsement modifies insurance provided under the following:

SAFEGUARD
It is hereby understood and agreed that this Policy does not contain a specific exclusion for cyber acts or cyber incidents.

Subject to all the terms of this Policy, coverage shall be provided under this Policy for any Claim alleging a Wrongful Act in connection with a cyber act or cyber incident, whether involving malicious or non-malicious events.

Nothing in this Endorsement either a) reduces coverage otherwise provided under this Policy or b) creates coverage not otherwise provided under this Policy.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 268 of 447
28 PREMIUM FULLY EARNED AT INCEPTION ENDORSEMENT
This endorsement modifies insurance provided under the following:

SAFEGUARD
In consideration of the premium charged for the Policy, it is hereby understood and agreed that, notwithstanding anything contained herein to the contrary, the premium will be deemed fully earned at the inception date of this Policy.

All other terms and conditions of this Policy remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 269 of 447
29 COVERAGE LIMITED TO SPECIFIC CONTRACTS
This endorsement modifies insurance provided under the following:

SAFEGUARD
In consideration of the premium charged for the Policy, it is hereby understood and agreed that the wrongful act definition is deleted in its entirety and replaced with the following:
wrongful act means:
a) any act of sexual abuse and molestation first committed by an insured person on or after the retroactive date against any one victim whilst performing duties in relation to the insured organization’ s business solely under the contracts scheduled below; or
b) any negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities any person, including any minor, who first committed any act of sexual abuse and molestation on or after the retroactive date against any one victim by any insured whilst performing duties in relation to the insured organization’ s business solely under the contracts scheduled below. wrongful act will not include related acts of sexual abuse and molestation where the first such act of sexual abuse and molestation was committed prior to the retroactive date.

Schedule of Contracts:

Gilroy
All other terms and conditions of this Policy remain unchanged.

DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 270 of 447
30 SECURITY DETAILS
ATTACHING TO CERTIFICATE NUMBER: MR23A671
ATTACHING TO AUTHORITY REFERENCE NUMBER: B0572MR23TY15
HEREON: 100% BEAZLEY
SECURITY: CERTAIN UNDERWRITERS AT LLOYD’ S

PROPORTION SYNDICATE

17.79% AFB 623

82.21% AFB 2623
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 271 of 447
LLOYD’S
One Lime Street London EC3M 7HA
DocuSign Envelope ID: 5E940F8A- 48C6-4D5D- BDB5- 4058F0741BCB Agenda Item No. 7.2 Agenda Packet Page No. 272 of 447

7.3. Tentative Map Time Extension Request No. 2, Without Any Changes to Project Approval, to Subdivide 8.36 Acres, Creating 14 Single-Family Residential Lots, Two Common Parcels, and One Public Park Parcel, Located at the Northerly End of Greenfield Drive, APN 808-20-008 (TM 16-02)
Agenda Item No. 7.3 Agenda Packet Page No. 273 of 447

Page 1 of 4 ends
← All documents from this meeting