Agenda packet, second session — National City City Council, February 1, 2022 (part 2 of 4)

3. Additional Insured - Grantor 0f Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s)shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
theirliabilityas grantoroffranchiseto your

4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Lessor of Leased Equipment,
but only with respect to liabilityfor "bodily
injury","property damage" or "personal
and advertising injury"caused, in whole or
in part,by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place afteryou cease to lease that
equipment.

5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owners Or Other InterestsFrom
Whom Land Has Been Leased, but only
with respect to liabilityarisingout of the
ownership, maintenance or use of thatpart
of the land leased to you and shown inthe
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additionalexclusions apply:

This insurance does not apply to:
(1) Any "occurrence" that takes place
afteryou cease to lease that land;or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

6. Additional Insured - State Or Political
Subdivision — Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or politicalsubdivision
shown inthe Declarationsas an Additional
Form SS 00 08 04 05
148 of 629
Insured 7 State Or PoliticalSubdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.

With respect to the insurance afforded to
these additional insureds, the following
additionalexclusions apply:

This insurance does not apply to:
(1) “Bodily injury, property damage" or
“personal and advertising injuw"
arisingout of operations performed for
the stateor municipality;or
(2) "Bodily injury"or "property damage"
included in the "product—completed
operations"hazard.

7. Additional Insured -—Vendors
a. WHO IS AN lNSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
(referredto below as vendor) shown inthe
Declarations as an Additional Insured -
Vendor, but only with respect to "bodily
injury"or "propertydamage" arisingout of
"your products" which are distributed or
sold in the regular course of the vendor's
business and only ifthis Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products—completed operations hazard".

The insurance afforded to the vendor is
subjecttothe followingadditionalexclusions:
(1) This insurance does not apply to:
(a) "Bodily injuw" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liabilityina contractor agreement.

BUSINESS LIABILITY COVERAGE FORM
(e) Any failure to make such
inspections, adjustments, tests or
servicingas the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distributionor saleofthe products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(9) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container,part or ingredientof any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
actingon itsbehalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f);or
(ii)Such inspections,
adjustments, testsor servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business, in connection with
the distributionor sale of the
products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products.

8. Additional Insured — Controlling Interest
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s)shown in the
Declarations as an Additional Insured 7
Controlling Interest,but only with respect to
theirliabilityarisingout of:
a. Their financialcontrolof you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.

Page 19 of 24 ends

149 of 629

BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.

Additional Insured — Owners, Lessees Or
Contractors — Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown inthe Declarations as an Additional
Insured _ Owner, Lessees Or Contractors,
but only with respect to liabilityfor "bodily
injury","property damage" or "personal
and advertising injury"caused, in whole or
in part,by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1) [n the performance of your ongoing
operations for the additional
insured(s);or
(2) In connection with "your work"
performed for that additionalinsured
and included within the "products-
compieted operations hazar but
only if this Coverage Part provides
coverage for "bodily injury" or
"propertydamage" included withinthe
"products—completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodilyinjury","property
damage" or "personal an advertising
injury"arisingout of the rendering of, or
the failure to render, any professional
architectural,engineering or surveying
sen/ices,including:
(1) The preparing,approving, or failureto
prepare or approve, maps, shop
drawings, opinions, reports,surveys,
ﬁeld orders,change orders,designs or
drawings and speciﬁcations;or
(2) Supervisory, inspection,architectural
or engineering activities.

10. Additional Insured — Co-Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additionalinsured
the person(s) or Organization(s)shown in the
Declarations as an Additional Insured a Co—
Owner Of Insured Premises, but only with
respect to their liabilityas co-owner of the
premises shown inthe Declarations.

Page 20 of 24 ends

The limitsof insurance that apply to additional
insureds are described in Section D. a Limits Of
Insurance
How this insurance applies when other insurance
is availableto an additionalinsured is described in
the Other Insurance Condition in Section E. —
Liability And Medical Expenses General
Conditions
. LIABILITY AND MEDICAL EXPENSES

DEFINITIONS

1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or servicesthrough:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper;
b. The Internet,but only that part of a web
site that is about goods. products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread publicdistribution.

However, "advertisement" does not include:
a. The design, printed material,information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactiveconversation between or
among persons through a computer network.
"Advertising idea" means any idea for an
"advertisement".
"Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
propertiesof asbestos and includes the mere
presence of asbestos inany form.
"Auto" means a land motor vehicle,traileror
semi-trailerdesigned for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".
"Bodily injury"means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, ifarisingout of the
above, mental anguish or death at any time.
"Coverage territory"means:

Form SS 00 08 04 05
150 of 629

10. 11.
a. The United States of America (includingits
territoriesand possessions), Puerto Rico
and Canada;
b. Internationalwaters or airspace,but only if
the injuryor damage occurs in the course
of travel or transportationbetween any
places included in a. above;
c. All other parts of the world ifthe injuryor
damage arises out of:
(1) Goods or productsmade or sold by you
inthe territorydescribed ina. above;
(2) The activitiesof a person whose home
is in the territory described in a.
above, but is away for a short time on
your business; or
(3) "Personal and advertising injury"
offenses that take place through the
Internetor similarelectronicmeans of
communication
provided the insured's responsibilityto pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
"suit" on the merits according to the
substantive law in such territory,or in a
settlement we agree to
"Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. 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.
"Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
"Executive officer"means a person holding
any of the officerpositions created by your
charter, constitution,by-Iaws or any other
similargoverning document.
"Hostile fire" means one which becomes
uncontrollableor breaks out from where itwas
intended to be.
"Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or isless useful because:
a. Itincorporates"your product"or "yourwork"
that is known or thought to be defective,
deﬁcient,inadequate or dangerous; or
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
b. You have failed to fulfillthe terms of a
contract or agreement;
ifsuch property can be restored to use by:
a. The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b. Your fulfillingthe terms of the contractor
agreement.
. "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 organizationfordamage by ﬁre,
lightningor explosion to premises while
rented to you or temporarilyoccupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limitdescribed in Section
D. a Liabilityand Medical Expenses Limits
of Insurance.
b. A sidetrack agreement;
Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation,as required by ordinance,
to indemnify a municipality,except in
connection with work fora municipality;
e. An elevator maintenance agreement; or
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 liabilityof another
party to pay for"bodilyinjury"or "property
damage" to a thirdperson or organization,
provided the "bodily injury"or "property
damage" iscaused, inwhole or in part,by
you or by those acting on your behalf.

Tort liabilitymeans a liabilitythatwould be
imposed by law in the absence of any
contract or agreement.

Paragraph f. includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury"or "property
damage" arising out of construction or
demolitionoperationswithin50 feetof any
railroadproperty and affectingany railroad
bridge or trestle,tracks,road-beds, tunnel,
underpass or crossing.

However, Paragraph f. does not include
thatpartof any contractor agreement:

Page 21 of 24 ends

151 of 629

BUSINESS LIABILITY COVERAGE FORM

13. 14.

15. (1) That indemnifies an architect.
engineer or surveyor for injury or
damage arisingout of:
(a) Preparing, approving or failingto
prepare or approve maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders, designs or drawings and
specifications;or
(b) Giving directions or instructions,
or failingto give them, ifthat is the
primary cause of the injury or
damage; or
(2) Under which the insured, if an
architect, engineer or surveyor,
assumes liabilityfor an injury or
damage arising out of the insured's
rendering or failure to render
professionalservices, includingthose
listedin (1) above and supen/isory,
inspection, architectural or
engineering activities.
"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".
"Loading or unloading" means the handling of
property:
a. Afteritismoved from the place where itis
accepted for movement into or onto an
aircraft,watercraftor "auto";
b. While itis in or on an aircraft,watercraftor
"auto";or
c. While it is being moved from an aircraft,
watercraftor "auto"to the place where itis
ﬁnally delivered;
but "loadingor unloading"does not includethe
movement of property by means of a mechanical
device, other than a hand truck,that is not
attached to the aircraft,watercraftor "auto".
"Mobile equipment" means any of the following
types of land vehicles,includingany attached
machinery or equipment:
a. Bulldozers, farm machinery, forkliftsand
other vehicles designed for use principally
offpublic roads;
b. Vehicles maintained for use solely on or
next to premises you own or rent;
c. Vehicles that travelon crawler treads;
d. Vehicles,whether self—propelledor not,on
which are permanently mounted:

Page22of24

16. 17.
(1) Power cranes. shovels, loaders,
diggers or drills;or
(2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers;

9. Vehicles not described in a., b., c., or d.
above that are not seIf-propelledand are
maintained primarilyto provide mobilityto
permanently attached equipment of the
followingtypes:
(1) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration,lightingand
well servicingequipment; or
(2) Cherry pickers and similar devices
used to raise or lower workers;
f. Vehicles not described in a., b., c.,or d.
above maintained primarilyfor purposes
other than the transportationof persons or
cargo.

However, self-propeliedvehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
willbe considered "autos":
(1) Equipment, of at least 1,000 pounds
gross vehicle weight, designed
primarilyfor:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Streetcleaning;
(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,lightingand
well sewicing equipment.
"Occurrence" means an accident, including
continuousor repeated exposure to substantially
the same generalharmfulconditions.
"Personal and advertisinginjury"means injury,
including consequential "bodily injury",arising
out of one or more of the followingoffenses:

3. False arrest, detention or imprisonment;
b. Malicious prosecution;
Form 55 00 08 04 05
152 of 629

18. 19.
c. The wrongful evictionfrom, wrongful entry
into,or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publicationof
material that slanders or libelsa person or
organization or disparages a person's or
organization's goods, products or services;
e. Oral, written or electronic publicationof
material that violates a person‘s rightof
privacy;
f. Copying, in your "advertisement". a
person’s or organization’s ”advertising
idea“or styleof "advertisement";

9. Infringementof copyright,slogan, or titleof
any literaryor artisticwork, in your
"advertisement";or
h. Discriminationor humiliationthatresultsin
injun/to the feelings or reputation of a
naturalperson.
"Pollutants"means any solid,liquid,gaseous or
thermal irritantor contaminant, including smoke,
vapor,soot,fumes, acids,aikalis,chemicals and
waste. Waste includes materials to be recycled,
reconditionedor reclaimed.
"Productscompieted operations hazard";
a. Includes all "bodily injury"and "property
damage" occurring away from premises
you own or rent and arisingout of "your
product"or "your work" except:
(1) Products that are stillin your physical
possession; or
(2) Work that has not yet been completed
or abandoned. However, "your work"
willbe deemed to be completed at the
earliestof the followingtimes:
(a) When allof the work called for in
your contracthas been completed.
(b) When allof the work to be done at
the job sitehas been completed if
your contract calls for work at
more than onejob 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.

Form SS 00 08 04 O5

20. 21.

22. 23.

BUSINESS LIABILITY COVERAGE FORM
Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treatedas completed.

The "bodily injury"or "property damage"
must occur away from premises you own
or rent, unless your business includes the
selling,handling or distributionof "your
product" for consumption on premises you
own or rent.
b. Does not include "bodily injury" or
"propertydamage" arisingout of:
(1) The transportationof property,unless
the injuryor damage arises out of a
conditionin 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; or
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials.
"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
physicalinjurythatcaused it;or
b. Loss of use of tangiblepropertythatisnot
physically injured. All such loss of use
shall be deemed to occur at the time of
"occurrence" that caused it.

As used in this deﬁnition, "electronicdata" is
not tangible property.
"Suit" means a civil proceeding in which
damages because of "bodilyinjury","property
damage" or "personal and advertisinginjury"
to which this insurance applies are alleged.
"Suit"includes:
a. An arbitrationproceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b. Any other alternativedispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.
"Temporary worker" means a person who is
furnished to you to substitutefor a permanent
"employee" on leave or to meet seasonal or
short—term workload conditions.
"Volunteer worker" means a person who:
a. isnot your "employee";

Page 23 of 24 ends

153 of 629

BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work;
Acts at the direction of and within the
scope of dutiesdetermined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
theirwork performed foryou.

24. "Your product":
a. Means:
(1)
(2)
Any goods or products, other than real
property,manufactured, sold,handled,
distributedor 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
Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b. Includes:
(1)

Page 24 of 24 ends

Warranties or representationsmade at
any time with respect to the fitness,
quality,durability,performance or use
of "your product"; and
(2) The providing of or failureto provide
warnings or instructions.

6. Does not include vending machines or
other property rented to or located forthe
use of others but not sold‘

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

Form SS 00 08 04 05
154 of 629

AMENDMENT TO THE AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

KREISBERG LAW FIRM LLP
THIS 2nd AMENDMENT TO THE AGREEMENT is entered into this 1st day of February, 2022, by and between the CITY OF NATIONAL Clry, a municipal corporation (-CITY'), and KREISBERG LAW FIRM LLP, a limited liability partnership (the "FlRM').

REC ITALS
WHEREAS, the Clry and the FIRM entered into an Agreement on March 1,2021 ("the Agreement"), wherein the FIRM agreed to provide as-needed, general legal services regarding labor relations and labor negotiations matters services for a not-to-exceed amount of $49,000, concluding December 31, 2021, with no additional extensions; and WHEREAS, on June 15,2021the parties amended the Agreement by including a provision stating that the Agreement may by extended by mutual agreement upon the same terms and conditions for an additional one (1) year term and that the Parties may exercise up to two (2) one-year extensions, extending the scope of legal services to include classification and compensation services and comparative staffing analysis, and authorize the use of subconsultants for special projects, and increased the not-to-exceed amount by $t 01 ,000 for a total not-to-exceed amount of $150,000.

WHEREAS, the parties now desire to exercise the option to extend the term of the agreement for another one year term.

AGREEMENT
NOW, THEREFORE, the parties hereto agree that:

1. The parties wish to exercise the option to extend the term of the Agreement from January 1,2022 - December 31, 2022.

2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the March 1,2021Agreement shall remain in full force and effect.

F irst AmencLncnt to
March l, 2021 Agreemcnt City of National City and
KI{I.]ISI]ERG I,AW FIRM I,I,I)
Page I of2
155 of 629
lN WITNESS WHEREOF, the parties hereto have executed this 2nd Amendment to the Agreement on the date and year first above written.

CITY OF NATIONAL CITY KREISBERG LAW FIRM LLP
Bv: ",f,Mll\,_u
AppRovED AS ro F6RM . €d.* ^.J
L" l(ruis!. ,,
lPrint)
-
By: 7o.h..

Charles E. Bell Jr.

City Attorney
(Tirle)
First Arnendment to
March l, 2021 Agreement City o{'National City and
KREISBERG LAW F-II{M LLP
Page2 of2
156 of 629
WLTR005

THE HARTFORD

BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
SAN ANTONIO TX 78251 January 5, 2022
City of National City
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950
Account Information:

Policy Holder Details : The Kreisberg Law Firm, LLC
Contact Us
Business Service Center
Business Hours: Monday - Friday
(7AM - 7PM Central Standard Time)
Phone: (866) 467-8730
Fax: (888) 443-6112
Email: [email protected]
Website: https://business.thehartford.com
Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.

Sincerely,
Your Hartford Service Team
157 of 629

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
01/05/2022

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

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

PRODUCER

JAFFE SCHLOSSBERG INC
57555459
3502 GEARY BLVD 3RD FLOOR
SAN FRANCISCO CA 94118
CONTACT NAME:

PHONE
(A/C, No, Ext):
(415) 221-5340 FAX
(A/C, No):
(415) 386-6853
E-MAIL ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A : Sentinel Insurance Company Ltd. 11000

INSURED

THE KREISBERG LAW FIRM, LLC
1900 S NORFOLK ST STE 350
SAN MATEO CA 94403-1171
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR

LTR TYPE OF INSURANCE ADDL
INSR
SUBR
WVD

POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/Y YYY) LIMITS
A

COMMERCIAL GENERAL LIABILITY
57 SBM BN2383 01/08/2021 01/08/2022
EACH OCCURRENCE $2,000,000

CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $1,000,000
X General Liability MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000

POLICY PRO-
JECT X LOC PRODUCTS - COMP/OP AGG $4,000,000
OTHER:

AUTOMOBILE LIABILITY
57 SBM BN2383 01/08/2021 01/08/2022

COMBINED SINGLE LIMIT
(Ea accident) $2,000,000
ANY AUTO BODILY INJURY (Per person)

ALL OWNED
AUTOS

SCHEDULED
AUTOS BODILY INJURY (Per accident)
X
HIRED

AUTOS X

NON-OWNED
AUTOS

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-
MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY

PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A
PER

STATUTE
OTH-
ER
Y/N E.L. EACH ACCIDENT
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations.

CERTIFICATE HOLDER CANCELLATION
City of National City
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 158 of 629
Form SS 83 13 01 97

IMPORTANT NOTICE TO OUR POLICYHOLDERS
ENCLOSED IS YOUR SPECTRUM POLICY FROM THE HARTFORD. WE ARE PROVIDING YOU WITH A COMPLETE SET OF POLICY FORMS, NOTICES AND BROCHURES. IN THE INTEREST OF PAPER

CONSERVATION AND TO REDUCE EXPENSES, AT RENEWAL OF THIS POLICY WE WILL BE PROVIDING YOU ONLY WITH THOSE DOCUMENTS WHICH HAVE CHANGED FROM THOSE NOW BEING PROVIDED.

YOU SHOULD RETAIN ALL OF THESE DOCUMENTS INDEFINITELY_______________________________________________________________SO THAT YOU WILL HAVE A COMPLETE SET OF POLICY FORMS AT ALL TIMES FOR YOUR REFERENCE.

IF YOU HAVE QUESTIONS, OR IF AT ANY TIME YOU NEED COPIES OF ANY OF THE FORMS LISTED ON

YOUR POLICY, PLEASE CALL YOUR HARTFORD AGENT OR BROKER, OR THE OFFICE OF THE HARTFORD IDENTIFIED ON YOUR POLICY, AS APPROPRIATE.
159 of 629
Form 100722 11th Rev. Printed in U.S.A.

Insurance Policy Billing Information
Thank you for selecting The Hartford for your business insurance needs.

Shortly, you will receive your first bill from us. You are receiving this Notice so you know what to expect as a valued customer of The Hartford. Should you have any questions after reviewing this information, please contact us at 866-467-8730, and we will be happy to assist you.
o Your total policy premium will appear on your policy’sDeclarations Page. You will be billed based on the payment plan you selected.
o You may pay the "minimum due" as it appears on your insurance bill or pay the policy balance in full. o An installment service fee is added to each installment. A late fee will also be applied if the "minimum due" is not received by the due date shown on your bill. Service and late payment fees do not apply in all states. o If you selected installment billing, any credit or additional premium due as the result of a change made to your policy, will be spread over the remaining billing installments. Additional premium due as a result of an audit will be billed in full on your next bill date following the completion of the audit. o If you elected Electronic Funds Transfer (EFT), policy changes may result in changes to the amount automatically withdrawn from your bank account. The invoice you receive following a policy change will include future withdrawal amounts. If you need to adjust or stop your next scheduled EFT withdrawal, please contact us at least 3 days prior to the scheduled withdrawal date at the telephone number shown below. o If you selected installment billing and pay the premiums for your first policy term on time, at renewal, your account may qualify for our "Equal Installment" feature. This means that the percentage due for each installment, including the initial renewal installment, will be the same throughout the policy term – helping you better manage cash flow.

Equal installments will continue as long as you pay your premiums on time and no cancellation notices are issued for any policy on your account. If you no longer qualify for Equal Installments, future renewals will be billed based on the payment plan you selected, which includes a higher initial installment amount. o If your policy is eligible for renewal, your bill for the upcoming policy term will be sent to you approximately 30 days prior to your policy’srenewal date. If your insurance needs change, please contact us at least 60 days prior to your renewal date so we can properly address any adjustments needed. o One bill convenience -- you have the option of combining all eligible Hartford policies on one single bill allowing you to make one payment for all policies on your account as payments are due.

You’reIn Control
In addition to selecting a bill plan option that best meets your budget, you have the flexibility to decide how your payments are made …
o Repetitive EFT: Sign up for Repetitive EFT payments and have payments automatically withdrawn from your bank account. This option saves you money by reducing the amount of the installment service fee. o Pay Online: Register at www.thehartford.com/servicecenter. Online Bill Pay is Quick, Easy and Secure! o Pay by Check: Send a check with your remittance stub in the envelope provided with your bill. o Pay by Phone: Call toll-free 1-866-467-8730.

Should you have any questions about your bill, please call Customer Service toll-free number:
1-866-467-8730 - 7AM – 7PM CST. We look forward to being of service to you. 160 of 629
Form SS 89 93 07 16 Page 1 of 1
© 2016, The Hartford

IMPORTANT NOTICE TO POLICYHOLDERS

THE HARTFORD CYBER CENTER WEBSITE ACCESS
Thank you for choosing The Hartford for your business insurance needs.

You are receiving this Notice because you purchased a business owner's policy from The Hartford, (your Policy was issued by The Hartford writing company identified on your policy Declarations page) which includes access to The Hartford Cyber Center. This portal was created because we recognize that businesses face a variety of cyber-related exposures and need help managing the related risks. These exposures include data breaches, computer virus attacks and cyber extortion threats.

Through The Hartford Cyber Center, you have access to:
o A panel of third party incident response service providers o Third party cybersecurity pre-incident service providers and a list of approved services to help protect your business before a cyber-threat occurs
o Risk management tools, including self-assessments, best practice guides, templates, sample incident response plans, and data breach cost calculators
o White papers, blogs and webinars from leading privacy and security practitioners o Up-to-date cyber-related news and events, including examples of privacy and security related events Accessing The Hartford Cyber Center is easy

1. Visit www.thehartford.com/cybercenter

2. Enter policyholder information

3. Access code: 952689

4. Login to The Hartford Cyber Center
This Notice does not amend or otherwise affect the provisions of your business owner's policy.

Coverage Options:

The Hartford offers a variety of endorsements to your business owner's policy that can help protect your business from a broad range of cyber-related threats. Please review your coverage with your insurance agent or broker to determine the most appropriate cyber coverages and limits for your business.

Claims Reporting:

If you have a claim, you can report it by calling The Hartford's toll-free claims line at 1-800-327-3636.

Should you have any questions, please contact your insurance agent, broker or you may contact us directly.

We appreciate your business and look forward to being of continued service to you.

Please be aware that:
o The Hartford Cyber Center is a proprietary web portal exclusively provided to customers of The Hartford.

Please do not share the access code with anyone outside your organization. o Registration is required to access the Cyber Center. You may register as many users as necessary. o Contacting a service provider about any issue does not constitute providing The Hartford notice of a claim as required under your insurance policy. Read your insurance policy and discuss any questions with your agent or broker.

The Hartford Cyber Center provides third party service provider references and materials for educational purposes only. The Hartford does not specifically endorse any such service provider within The Hartford Cyber Center and hereby disclaims all liability with respect to use of or reliance on such service providers. All service providers are independent contractors and not agents of The Hartford. The Hartford does not warrant the performance of the service providers, even if such services are covered under your Business Owners Policy. We strongly encourage you to conduct your own assessments of the service providers' services and the fitness or adequacy of such services for your particular needs.
161 of 629
Form SS 00 01 03 14 Page 1 of 1
®
Business Owner’s Policy
162 of 629
Form G-3418-0

PRODUCER COMPENSATION NOTICE
You can review and obtain information on The Hartford’sproducer compensation practices at www.TheHartford.com or at 1-800-592-5717.
163 of 629
57 SBM BN2383
$7.00
POLICY NUMBER:

THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN

RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT.

Form SS 83 76 01 15 Page 1 of 2
© 2015 , The Hartford
(Includes copyrighted material of the Insurance Services Office, Inc., with its permission.)

DISCLOSURE PURSUANT TO TERRORISM RISK

INSURANCE ACT

SCHEDULE
Terrorism Premium:
$
A. Disclosure Of Premium
In accordance with the federal Terrorism Risk
Insurance Act, as amended (TRIA), we are required
to provide you with a notice disclosing the portion of
your premium, if any, attributable to coverage for
"certified acts of terrorism" under TRIA. The portion
of your premium attributable to such coverage is
shown in the Schedule of this endorsement.

B. The following definition is added with respect to the provisions of this endorsement:

1. A "certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of TRIA, to be
an act of terrorism under TRIA. The criteria
contained in TRIA for a "certified act of
terrorism" include the following:
a. The act results in insured losses in excess
of $5 million in the aggregate, attributable to
all types of insurance subject to TRIA; and
b. The act results in damage within the United
States, or outside the United States in the
case of certain air carriers or vessels or the
premises of an 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
C. Disclosure Of Federal Share Of Terrorism
Losses
The United States Department of the Treasury will
reimburse insurers for a portion of insured losses,
as indicated in the table below, attributable to
"certified acts of terrorism" under TRIA that exceeds
the applicable insurer deductible:

Calendar Year Federal Share of
Terrorism Losses
2015 85%
2016 84%
2017 83%
2018 82%
2019 81%
2020 or later 80%
However, if aggregate industry insured losses under
TRIA exceed $100 billion in a calendar year, the
Treasury shall not make any payment for any
portion of the amount of such losses that exceeds
$100 billion. The United States government has not
charged any premium for their participation in
covering terrorism losses.
164 of 629
Form SS 83 76 01 15 Page 2 of 2
D. Cap On Insurer Liability for Terrorism Losses
If aggregate industry insured losses attributable to
"certified acts of terrorism" under TRIA exceed $100
billion in a calendar year and we have met, or will
meet, our insurer deductible under TRIA, we shall
not be liable for the payment of any portion of the
amount of such losses that exceed $100 billion. In
such case, your coverage for terrorism losses may
be reduced on a pro-rata basis in accordance with
procedures established by the Treasury, based on
its estimates of aggregate industry losses and our
estimate that we will exceed our insurer deductible.

In accordance with the Treasury's procedures,
amounts paid for losses may be subject to further
adjustments based on differences between actual
losses and estimates.

E. Application of Other Exclusions
The terms and limitations of any terrorism exclusion,
the inapplicability or omission of a terrorism
exclusion, or the inclusion of terrorism coverage, do
not serve to create coverage for any loss which
would otherwise be excluded under this Coverage
Form, Coverage Part or Policy.

F. All other terms and conditions remain the same.
165 of 629
001(CONTINUED ON NEXT PAGE)
01/08/21 01/08/22
83 23
BN
SBM

SENTINEL INSURANCE COMPANY, LIMITED
ONE HARTFORD PLAZA, HARTFORD, CT 06155
A
57 SBM BN2383 SC

THE KREISBERG LAW FIRM, LLC
2225 E BAYSHORE RD STE 200
PALO ALTO CA 94303
01/08/21 01/08/22 365 DAYS

JAFFE SCHLOSSBERG INC
555459
NEW

LIMITED LIAB CORP

NON-AUDITABLE
NONE
$500 MP
01/08/21
Form SS 00 02 12 06 Page
Process Date: Policy Expiration Date:

This Spectrum Policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any other Forms and Endorsements issued to be a part of the Policy. This insurance is provided by the stock insurance company of The Hartford Insurance Group shown below.

INSURER:

COMPANY CODE:

Policy Number:

SPECTRUM POLICY DECLARATIONS
Named Insured and Mailing Address:
(No., Street, Town, State, Zip Code)
Policy Period: From To
12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in New Hampshire.

Name of Agent/Broker:

Code:

Previous Policy Number:

Named Insured is:

Audit Period:

Type of Property Coverage:

Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy. ____________________________________________________________________________________________________________________ TOTAL ANNUAL PREMIUM IS:
______________________________________________________________________________________________ Countersigned by
Authorized Representative Date
166 of 629
002 (CONTINUED ON NEXT PAGE)
01/08/21 01/08/22
57 SBM BN2383
001 001
2225 E BAYSHORE RD STE 200
PALO ALTO CA 94303

LAWYERS & LAW FIRMS

NO COVERAGE

MONEY AND SECURITIES

INSIDE THE PREMISES

OUTSIDE THE PREMISES

NO COVERAGE

NO COVERAGE
Form SS 00 02 12 06 Page
Process Date: Policy Expiration Date:

SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER:

Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below.

Location: Building:

Description of Business:

Deductible:

BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE

BUILDING

BUSINESS PERSONAL PROPERTY

REPLACEMENT COST

PERSONAL PROPERTY OF OTHERS

REPLACEMENT COST
167 of 629
003 (CONTINUED ON NEXT PAGE)
01/08/21 01/08/22
57 SBM BN2383
$1,000,000
$ 10,000
$1,000,000
$1,000,000
$2,000,000
$2,000,000

BUSINESS LIABILITY OPTIONAL

COVERAGES

HIRED/NON-OWNED AUTO LIABILITY

UNMANNED AIRCRAFT LIABILITY

IS EXCLUDED
SEE FORM: SS 42 06
$1,000,000
Form SS 00 02 12 06 Page
Process Date: Policy Expiration Date:

SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER:

BUSINESS LIABILITY LIMITS OF INSURANCE

LIABILITY AND MEDICAL EXPENSES

MEDICAL EXPENSES - ANY ONE PERSON

PERSONAL AND ADVERTISING INJURY

DAMAGES TO PREMISES RENTED TO YOU

ANY ONE PREMISES

AGGREGATE LIMITS

PRODUCTS-COMPLETED OPERATIONS

GENERAL AGGREGATE
168 of 629
004
01/08/21 01/08/22
57 SBM BN2383
SS 00 01 03 14 SS 00 05 10 08 SS 00 08 04 05 SS 00 45 12 06 SS 00 60 09 15 SS 00 64 09 16 SS 01 21 02 20 SS 42 06 03 17 SS 04 38 09 09 SS 41 63 06 11 SS 05 47 09 15 SS 50 38 10 03 SS 50 19 01 15 IH 99 40 04 09 IH 99 41 04 09 SS 83 76 01 15 SS 89 93 07 16
Form SS 00 02 12 06 Page
Process Date: Policy Expiration Date:

SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER:

Form Numbers of Forms and Endorsements that apply:
169 of 629
01/08/21 01/08/22
57 SBM BN2383

7.00 5.00
Form SS 00 45 12 06
Process Date: Policy Expiration Date:

SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER:

SUPPLEMENTAL DECLARATIONS:

A service fee of $ is charged for each installment when your premium is paid in installments. The service fee is $ per withdrawal when you select an electronic fund transfer payment plan. The service fee will be added to the premium amount shown on your premium billing statement.
170 of 629
Form SS 00 05 10 08
© 2008, The Hartford

COMMON POLICY CONDITIONS
171 of 629
Form SS 00 05 10 08

QUICK REFERENCE - SPECTRUM POLICY

DECLARATIONS
and

COMMON POLICY CONDITIONS
I. DECLARATIONS
Named Insured and Mailing Address
Policy Period
Description and Business Location
Coverages and Limits of Insurance
II. COMMON POLICY CONDITIONS Beginning on Page
A. Cancellation 1
B. Changes 1
C. Concealment, Misrepresentation Or Fraud 2
D. Examination Of Your Books And Records 2
E. Inspections And Surveys 2
F. Insurance Under Two Or More Coverages 2
G. Liberalization 2
H. Other Insurance - Property Coverage 2
I. Premiums 2
J. Transfer Of Rights Of Recovery Against Others To Us 2 K. Transfer Of Your Rights And Duties Under This Policy 3 L. Premium Audit 3
172 of 629
Form SS 00 05 10 08 Page 1 of 3
© 2008, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission)

COMMON POLICY CONDITIONS
All coverages of 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. 5 days before the effective date of
cancellation if any one of the following
conditions exists at any building that is
Covered Property in this policy:
(1) The building has been vacant or
unoccupied 60 or more consecutive
days. This does not apply to:
(a) Seasonal unoccupancy; or
(b) Buildings in the course of
construction, renovation or
addition.

Buildings with 65% or more of the
rental units or floor area vacant or
unoccupied are considered
unoccupied under this provision.
(2) After damage by a Covered Cause of
Loss, permanent repairs to the
building:
(a) Have not started; and
(b) Have not been contracted for,
within 30 days of initial payment of
loss.
(3) The building has:
(a) An outstanding order to vacate;
(b) An outstanding demolition order;
or
(c) Been declared unsafe by
governmental authority.
(4) Fixed and salvageable items have
been or are being removed from the
building and are not being replaced.

This does not apply to such removal
that is necessary or incidental to any
renovation or remodeling.
(5) Failure to:
(a) Furnish necessary heat, water,
sewer service or electricity for 30
consecutive days or more, except
during a period of seasonal
unoccupancy; or
(b) Pay property taxes that are owing
and have been outstanding for
more than one year following the
date due, except that this
provision will not apply where you
are in a bona fide dispute with the
taxing authority regarding payment
of such taxes.
b. 10 days before the effective date of
cancellation if we cancel for nonpayment
of premium.
c. 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 canceled, we will send the first
Named Insured any premium refund due.

Such 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.
173 of 629

COMMON POLICY CONDITIONS

Page 2 of 3 ends

C. Concealment, Misrepresentation Or Fraud
This policy is void in any case of fraud by you as it
relates to this policy at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning:

1. This policy;

2. The Covered Property;

3. Your interest in the Covered Property; or

4. A claim under this policy.

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

E. Inspections And Surveys

1. We have the right but are not obligated to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find;
and
c. Recommend changes.

2. Any inspections, surveys, reports or
recommendations will 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 any person. We do not represent or warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.

3. This condition applies not only to us, but also
to any rating, advisory, rate service or similar
organization which makes insurance
inspections, surveys, reports or
recommendations on our behalf.

F. Insurance Under Two Or More Coverages
If two or more of this policy's coverages apply to
the same loss or damage, we will not pay more
than the actual amount of the loss or damage.

G. Liberalization
If we adopt any revision that would broaden the
coverage under this policy without additional
premium within 45 days prior to, or at any time
during, the policy period, the broadened coverage
will immediately apply to this policy.

H. Other Insurance - Property Coverage
If there is other insurance covering the same loss
or damage, we will pay only for the amount of
covered loss or damage in excess of the amount
due from that other insurance, whether you can
collect on it or not. But we will not pay more than
the applicable Limit of Insurance.

I. Premiums

1. The first Named Insured shown in the
Declarations:
a. Is responsible for the payment of all
premiums; and
b. Will be the payee for any return premiums
we pay.

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

3. With our consent, you may continue this policy
in force by paying a continuation premium for
each successive one-year period. The
premium must be:
a. Paid to us prior to the anniversary date; and
b. Determined in accordance with Paragraph

2. above.

Our forms then in effect will apply. If you do
not pay the continuation premium, this policy
will expire on the first anniversary date that we
have not received the premium.

4. Changes in exposures or changes in your
business operation, acquisition or use of
locations that are not shown in the Declarations
may occur during the policy period. If so, we may
require an additional premium. That premium will
be determined in accordance with our rates and
rules then in effect.

J. Transfer Of Rights Of Recovery Against Others
To Us
Applicable to Property Coverage:

If any person or organization to or for whom we
make payment under this policy has rights to
recover damages from another, those rights are
transferred to us to the extent of our payment.

That person or organization must do everything
necessary to secure our rights and must do
nothing after loss to impair them. But you may
waive your rights against another party in writing:

1. Prior to a loss to your Covered Property; or

2. After a loss to your Covered Property only if, at
time of loss, that party is one of the following:
174 of 629

COMMON POLICY CONDITIONS
Form SS 00 05 10 08 Page 3 of 3
a. Someone insured by this insurance;
b. A business firm:
(1) Owned or controlled by you; or
(2) That owns or controls you; or
c. Your tenant.

You may also accept the usual bills of lading or
shipping receipts limiting the liability of carriers.

This will not restrict your insurance.

K. 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.

L. Premium Audit
a. We will compute all premiums for this policy in
accordance with our rules and rates.
b. The premium amount shown in the
Declarations is a deposit premium only. At the
close of each audit period we will compute the
earned premium for that period. Any
additional premium found to be due as a result
of the audit are due and payable on notice to
the first Named Insured. If the deposit
premium paid for the policy term is greater
than the earned premium, we will return the
excess to the first Named Insured.
c. The first Named Insured must maintain all
records related to the coverage provided by
this policy and necessary to finalize the
premium audit, and send us copies of the
same upon our request.

Our President and Secretary have signed this policy. Where required by law, the Declarations page has also been countersigned by our duly authorized representative.
175 of 629
Form SS 00 08 04 05
© 2005, The Hartford

BUSINESS LIABILITY COVERAGE FORM
176 of 629
Form SS 00 08 04 05

QUICK REFERENCE

BUSINESS LIABILITY COVERAGE FORM

READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension - Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15

1. Bankruptcy 15

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15

3. Financial Responsibility Laws 16

4. Legal Action Against Us 16

5. Separation Of Insureds 16

6. Representations 16

7. Other Insurance 16

8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
177 of 629
Form SS 00 08 04 05 Page 1 of 24
© 2005, The Hartford

BUSINESS 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. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.

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

Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions.

A. COVERAGES

1. BUSINESS LIABILITY COVERAGE (BODILY

INJURY, PROPERTY DAMAGE, PERSONAL

AND ADVERTISING INJURY)
Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
"property damage" or "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 "bodily
injury", "property damage" or "personal and
advertising injury" to which this insurance
does not apply.

We may, at our discretion, investigate any
"occurrence" or 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 D. -
Liability And Medical Expenses 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,
settlements or medical expenses to which
this insurance applies.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury" and "property
damage" only if:
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in the
"coverage territory";
(b) The "bodily injury" or "property
damage" occurs during the policy
period; and
(c) Prior to the policy period, no insured
listed under Paragraph 1. of Section
C. – 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) 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.
c. "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
C. – 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;
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(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.
d. 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".
e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occurrence", but only if:
(a) The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services; and
(b) You are not engaged in the
business or occupation of providing
such services.
(2) For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".

2. MEDICAL EXPENSES
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:
(1) The accident takes place in the
"coverage territory" and during the
policy period;
(2) The expenses are incurred and reported
to us within three years of the date of
the accident; and
(3) 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.

3. COVERAGE EXTENSION -

SUPPLEMENTARY PAYMENTS
a. We will pay, with respect to any claim or
"suit" we investigate or settle, or any "suit"
against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.
(3) The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
(4) 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 $500 a day because of time off
from work.
(5) All costs taxed against the insured in
the "suit".
(6) 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.
(7) 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.

Any amounts paid under (1) through (7)
above will not reduce the limits of insurance.
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b. 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:
(1) 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";
(2) This insurance applies to such liability
assumed by the insured;
(3) 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";
(4) 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 interest of the
indemnitee;
(5) 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
(6) The indemnitee:
(a) Agrees in writing to:
(i) Cooperate with us in the
investigation, settlement or
defense of the "suit";
(ii) Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the "suit";
(iii) Notify any other insurer whose
coverage is available to the
indemnitee; and
(iv) Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee; and
(b) Provides us with written
authorization to:
(i) Obtain records and other
information related to the
"suit"; and
(ii) 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 1.b.(b) of Section B. –
Exclusions, 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:
(1) We have used up the applicable limit
of insurance in the payment of
judgments or settlements; or
(2) The conditions set forth above, or the
terms of the agreement described in
Paragraph (6) above, are no longer met.

B. EXCLUSIONS

1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "Bodily injury" or "property damage"
expected or intended from the
standpoint of the insured. This
exclusion does not apply to "bodily
injury" or "property damage" resulting
from the use of reasonable force to
protect persons or property; or
(2) "Personal and advertising injury" arising
out of an offense committed by, at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury".
b. Contractual Liability
(1) "Bodily injury" or "property damage"; or
(2) "Personal and advertising injury"
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 because of:
(a) "Bodily injury", "property damage" or
"personal and advertising injury" that
the insured would have in the
absence of the contract or
agreement; or
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(b) "Bodily injury" or "property damage"
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 purpose 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:
(i) Liability to such party for, or for
the cost of, that party’s defense
has also been assumed in the
same "insured contract", and
(ii) 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 only if you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law.
e. Employer’sLiability
"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 (1) above.

This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
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
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(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;
(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"; or
(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".
(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.
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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 51 feet long; and
(b) Not being used to carry persons
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;
(5) "Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
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 or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
i. War
"Bodily injury", "property damage" or
"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.
j. Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications;
(3) Supervisory, inspection, architectural
or engineering activities;
(4) Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
(5) Any health or therapeutic service
treatment, advice or instruction;
(6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
(7) Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
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(8) Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
(9) Any:
(a) Body piercing (not including ear
piercing);
(b) Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
(c) Similar services;
(10) Services in the practice of pharmacy;
and
(11) Computer consulting, design or
programming services, including web
site design.

Paragraphs (4) and (5) of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e. in Section A. - Coverages.
k. Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;
(2) Premises you sell, give away or
abandon, if the "property damage" arises
out of any part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody
or control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.

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

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

Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.

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

This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. 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.
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o. 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.
p. Personal And Advertising Injury
"Personal and advertising injury":
(1) Arising out of oral, written or electronic
publication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
(2) Arising out of oral, written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
(3) Arising out of a criminal act committed
by or at the direction of the insured;
(4) Arising out of any breach of contract,
except an implied contract to use
another’s "advertising idea" in your
"advertisement";
(5) Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
"advertisement";
(6) Arising out of the wrong description of
the price of goods, products or services;
(7) Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.

However, this exclusion does not
apply to infringement, in your
"advertisement", of
(a) Copyright;
(b) Slogan, unless the slogan is also
a trademark, trade name, service
mark or other designation of origin
or authenticity; or
(c) Title of any literary or artistic work;
(8) Arising out of an offense committed by
an insured whose business is:
(a) Advertising, broadcasting,
publishing or telecasting;
(b) Designing or determining content
of web sites for others; or
(c) An Internet search, access,
content or service provider.

However, this exclusion does not
apply to Paragraphs a., b. and c.
under the definition of "personal and
advertising injury" in Section G. –
Liability And Medical Expenses
Definitions.

For the purposes of this exclusion,
placing an "advertisement" for or
linking to others on your web site, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting;
(9) Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, or over which the insured
exercises control;
(10) Arising out of the unauthorized use of
another's name or product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
another's potential customers;
(11) Arising out of the violation of a
person's right of privacy created by
any state or federal act.

However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
(12) Arising out of:
(a) An "advertisement" for others on
your web site;
(b) Placing a link to a web site of
others on your web site;
(c) Content from a web site of others
displayed within a frame or border
on your web site. Content includes
information, code, sounds, text,
graphics or images; or
(d) Computer code, software or
programming used to enable:
(i) Your web site; or
(ii) The presentation or functionality
of an "advertisement" or other
content on your web site;
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(13) Arising out of a violation of any anti-
trust law;
(14) Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
(15) Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director, stockholder, partner or
member of the insured.
q. 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".
r. Employment-Related Practices
"Bodily injury" or "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
or discrimination directed at that
person; or
(2) The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury" to the
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 insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s. Asbestos
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t. Violation Of Statutes That Govern E-
Mails, Fax, Phone Calls Or Other
Methods Of Sending Material Or
Information
"Bodily injury", "property damage", or
"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; or
(3) Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.

Damage To Premises Rented To You –
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k. through o. do
not apply to damage by fire, lightning or
explosion to premises 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 D. - Liability And Medical Expenses
Limits Of Insurance.
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2. Applicable To Medical Expenses Coverage
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 with the "products-completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.

C. 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.

2. Each of the following is also an insured:
a. Employees And Volunteer Workers
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), or 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 that "volunteer
worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.

If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
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(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. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
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. Legal Representative If You Die
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 insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, 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 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
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contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. – Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
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(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "products-
completed operations hazard".
f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "products-
completed operations hazard", but
only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "products-
completed operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
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(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D. – Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. – Liability And Medical Expenses
General Conditions.

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.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
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. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products-completed operations hazard" is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

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

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

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
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If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

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.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL 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. Notice Of Occurrence Or Offense
You or any additional insured 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. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
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,
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 that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
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.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
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This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
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 Form 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 insurance 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.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy 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
a claim is made or "suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
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;
(4) Aircraft, Auto Or Watercraft
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 A. – Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. –
Coverages.
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(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

When this insurance is excess, we will
have no duty under this Coverage Part 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.

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:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.

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 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.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, 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. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
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F. OPTIONAL ADDITIONAL INSURED

COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:

1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. In the performance of your ongoing
operations; or
b. In connection with your premises owned
by or rented to you.

2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.

4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.

5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) Any "occurrence" that takes place
after you cease to lease that land; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

6. Additional Insured - State Or Political
Subdivision – Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
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Insured – State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of operations performed for
the state or municipality; or
(2) "Bodily injury" or "property damage"
included in the "product-completed
operations" hazard.

7. Additional Insured – Vendors
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
(referred to below as vendor) shown in the
Declarations as an Additional Insured -
Vendor, but only with respect to "bodily
injury" or "property damage" arising out of
"your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
b. The insurance afforded to the vendor is
subject to the following additional exclusions:
(1) This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

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

8. Additional Insured – Controlling Interest
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured –
Controlling Interest, but only with respect to
their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.
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This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.

9. Additional Insured – Owners, Lessees Or
Contractors – Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1) In the performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with "your work"
performed for that additional insured
and included within the "products-
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products-completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
(1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, inspection, architectural
or engineering activities.

10. Additional Insured – Co-Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured – Co-
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.

The limits of insurance that apply to additional
insureds are described in Section D. – Limits Of
Insurance.

How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. –
Liability And Medical Expenses General
Conditions.

G. LIABILITY AND MEDICAL EXPENSES

DEFINITIONS

1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.

2. "Advertising idea" means any idea for an
"advertisement".

3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.

4. "Auto" means a land motor vehicle, trailer or
semi-trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".

5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.

6. "Coverage territory" means:
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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 a. above;
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 a. above;
(2) The activities of a person whose home
is in the territory described in 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 the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
"suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.

7. "Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. 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.

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

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

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

11. "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:
a. The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b. Your fulfilling the terms of the contract or
agreement.

12. "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,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D. – Liability and Medical Expenses Limits
of Insurance.
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
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.

Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.

Paragraph f. includes that part of any
contract or agreement 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.

However, Paragraph f. does not include
that part of any contract or agreement:
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(1) 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, designs 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
(2) 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 (1) above and supervisory,
inspection, architectural or
engineering activities.

13. "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".

14. "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".

15. "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, on
which are 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 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 a., b., c., or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":
(1) Equipment, of at least 1,000 pounds
gross vehicle weight, 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.

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

17. "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;
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c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e. Oral, written or electronic publication of
material that violates a person's right of
privacy;
f. Copying, in your "advertisement", a
person’s or organization’s "advertising
idea" or style of "advertisement";
g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement"; or
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.

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

19. "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 to be 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.

20. "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
"occurrence" that caused it.

As used in this definition, "electronic data" is
not tangible property.

21. "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.

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

23. "Volunteer worker" means a person who:
a. Is not your "employee";
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b. Donates his or her work;
c. Acts at the direction of and within the
scope of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.

24. "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.

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

Form SS 00 60 09 15 Page 1 of 2

BUSINESS LIABILITY COVERAGE FORM

AMENDATORY ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. Sub-subparagraphs 1.p. (7), (8), (15) of Paragraph

2., of Section B. Exclusions are deleted and
replaced with the following:
p. Personal and Advertising Injury:
(7) (a) Arising out of any actual or alleged
infringement or violation of any intellectual
property right, such as copyright, patent,
trademark, trade name, trade secret,
service mark or other designation of origin
or authenticity; or
(b) Any injury or damage alleged in any
claim or "suit" that also alleges an
infringement or violation of any
intellectual property right, whether
such allegation of infringement or
violation is made by you or by any
other party involved in the claim or
"suit", regardless of whether this
insurance would otherwise apply.

However, this exclusion does not apply if the
only allegation in the claim or "suit" involving
any intellectual property right is limited to:
(1) Infringement, in your "advertisement",
of:
(a) Copyright;
(b) Slogan; or
(c) Title of any literary or artistic work;
or
(2) Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement".
(8) Arising out of an offense committed by an
insured whose business is:
(a) Advertising, broadcasting, publishing
or telecasting;
(b) Designing or determining content of
web sites for others; or
(c) An Internet search, access, content or
service provider.

However, this exclusion does not
apply to Paragraphs a., b. and c. of
the definition 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.
(15) 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.

B. Subparagraph 1.r. of Section B. Exclusions is
deleted and replaced with the following:
r. Employment-Related Practices
"Personal and advertising injury" to:
(1) A person arising out of any "employment–
related practices"; or
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(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 "employment-related
practices" are directed.

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

C. Subparagraph 1.q. "Electronic Data" of Section B.

Exclusions is deleted and replaced with the
following:
q. Access Or Disclosure Of Confidential Or
Personal Information And Data-related
Liability
(1) Damages, other than damages because
of "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; or
(2) Damages arising out of 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 computer programs stored as
or on, created or used on, or transmitted to or
from computer software (including systems and
applications software), on hard or floppy disks,
CD-ROMs, tapes, drives, cells, data processing
devices or any other repositories of computer
software which are used with electronically
controlled equipment. The term computer
programs, referred to in the foregoing description
of electronic data, means a set of related
electronic instructions which direct the operations
and functions of a computer or device connected
to it, which enable the computer or device to
receive, process, store, retrieve or send data.

D. Sub-subparagraph 7.b.(1) Other Insurance of
Section E. Liability and Medical Expenses
General Conditions is deleted and replaced with
the following:
b. Excess Insurance
(1) Your Work
That is Fire, Extended Coverage, Builder's
Risk, Installation Risk, Owner Controlled
Insurance Program or OCIP, Wrap Up
Insurance or similar coverage for "your
work".

E. Subparagraph 17. c. "Personal and Advertising
Injury" of Section G, Liability and Medical
Expenses Definitions is deleted and replaced
with the following:
"Personal and advertising injury" means injury,
including consequential "bodily injury", arising out
of one or more of the following offenses:
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 or organization occupies,
committed by or on behalf of its owner,
landlord or lessor;
F. Subparagraph 17.h. of Section G, Liability and
Medical Expenses Definitions deleted.
203 of 629
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 00 64 09 16 Page 1 of 1
© 2016, The Hartford

BUSINESS LIABILITY COVERAGE FORM

AMENDATORY ENDORSEMENT-

SUPPLEMENTARY PAYMENTS
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. Sub-subparagraph 3.a.(5) of Paragraph 3., Section A. Coverages is deleted and replaced with the following:

3. Coverage Extension - Supplementary Payments:
a. (5) 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. 204 of 629
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA CHANGES
This endorsement modifies insurance provided under the following:

COMMON POLICY CONDITIONS

SPECIAL PROPERTY COVERAGE FORM

STANDARD PROPERTY COVERAGE FORM

BUSINESS LIABILITY COVERAGE FORM

EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM
A. Paragraphs 2. and 3. of the Cancellation Common
Policy Condition are replaced by the following:

2. All Policies in Effect for 60 Days Or Less:

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

3. All Policies in Effect For More Than 60 Days
a. If this policy has been in effect for more
than 60 days, or is a renewal of a policy we
issued, we may cancel this policy only upon
the occurrence, after the effective date of
the policy, of one or more of the following,
or as permitted under applicable California
law:
(1) Nonpayment of premium, including
payment due on a prior policy we
issued and due during the current
policy term covering the same risks.
(2) Discovery of fraud or material
misrepresentation by:
(a) Any insured or his or her
representative in obtaining this
insurance; or
(b) You or your representative in
pursuing a claim under this policy.
(3) A judgment by a court or an
administrative tribunal that you have
violated a California or Federal law,
having as one of its necessary
elements an act which materially
increases any of the risks insured
against.
(4) Discovery of willful or grossly negligent
acts or omissions, or of any violations
of state laws or regulations establishing
safety standards, by you or your
representative, which materially
increase any of the risks insured
against.
(5) Failure by you or your representative
to implement reasonable loss control
requirements, agreed to by you as a
condition of policy issuance, or which
were conditions precedent to our use
of a particular rate or rating plan, if that
failure materially increases any of the
risks insured against.
(6) A determination by the Commissioner
of Insurance that the:
(a) Loss of, or changes in, our
reinsurance covering all or part of
the risk would threaten our
financial integrity or solvency; or
(b) Continuation of the policy
coverage would:
i. Place us in violation of
California law or the laws of
the state where we are
domiciled; or
ii. Threaten our solvency.
(7) A change by you or your
representative in the activities or
property of the commercial or industrial
enterprise, which results in a materially
added, increased or changed risk,
unless the added, increased or
changed risk is included in the policy.

Form SS 01 21 02 20 Page 1 of 5
2019, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc., with its permission) 205 of 629
b. We will mail or deliver advance written
notice of cancellation, stating the reason
for cancellation, to the first Named Insured,
at the mailing address shown in the policy,
and to the producer of record, at least:
(1) 10 days before the effective date of
cancellation if we cancel for
nonpayment of premium or discovery
of fraud, or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason listed in paragraph 3.a.

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

7. Residential Property
This provision applies to coverage on real
property which is used predominantly for
residential purposes and consisting of not
more than four dwelling units, and to
coverage on tenants' household personal
property in a residential unit, if such
coverage is written under this policy:
a. If such coverage has been in effect for
60 days or less, and is not a renewal of
coverage we previously issued, we
may cancel this coverage for any
reason, except as provided in b. and c.
below.
b. We may not cancel solely because the
first Named Insured has:
(1) Accepted an offer of earthquake
coverage; or
(2) Cancelled or did not renew a policy
issued by the California
Earthquake Authority (CEA) that
included and earthquake policy
premium surcharge.

However, we shall cancel this policy if
the first Named Insured has accepted a
new or renewal policy issued by the
CEA that includes an earthquake policy
premium surcharge but fails to pay the
earthquake policy premium surcharge
authorized by the CEA.
c. We may not cancel such coverage
solely because corrosive soil
conditions exist on the premises. This
restriction (c.) applies only if coverage
under the Special Property Coverage
Form, which excludes loss or damage
caused by or resulting from corrosive
soil conditions.

If a state of emergency under California
Law is declared and the residential
property is located in any ZIP Code within
or adjacent to the fire perimeter, as
determined by California Law, we may not
cancel this policy for one year, beginning
from the date the state of emergency is
declared, solely because the dwelling or other
structure is located in an area in which a wild
fire has occurred.

However, we may cancel:
a. When you have not paid the
premium, at any time by letting
you know at least 10 days before
the date cancellation takes effect;
b. If willful or grossly negligent acts
or omissions by the named
insured, or his or her
representatives, are discovered
that materially increase any of the
risks insured against; or
c. If there are physical changes in
the property insured against,
beyond the catastrophe- damaged
condition of the structures and
surface landscape, which result in
the property becoming uninsur-
able.

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

NONRENEWAL

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

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

2. Residential Property
This provision applies to coverage on real
property used predominantly for residential
purposes and consisting of not more than four
dwelling units, and to coverage on tenants'
household property contained in a residential
unit, if such coverage is written under this
policy.
a. We may elect not to renew such coverage
for any reason, except as provided in b., c.
and d. below:
b. We will not refuse to renew such coverage
solely because the first Named Insured
has accepted an offer of earthquake
coverage.

However, the following applies only to
insurers who are associated participating
insurers as established by Cal. Ins. Code
Section 10089.16. We may elect not to
renew such coverage after the first Named
Insured has accepted an offer of
earthquake coverage, if one or more of the
following reasons applies:

Page 2 of 5 ends

206 of 629
(1) The nonrenewal is based on sound
underwriting principles that relate to
the coverages provided by this policy
and that are consistent with the
approved rating plan and related
documents filed with the Department
of Insurance as required by existing
law;
(2) The Commissioner of Insurance finds
that the exposure to potential losses
will threaten our solvency or place us
in a hazardous condition. A
hazardous condition in which we
make claims payments for losses
resulting from an earthquake that
occurred within the preceding two
years and that required a reduction in
policyholder surplus of at least 25%
for payment of those claims; or
(3) We have:
(a) Lost or experienced a substantial
reduction in the availability or
scope of reinsurance coverage; or
(b) Experienced a substantial
increase in the premium charged
for reinsurance coverage of our
residential property insurance
policies; and
the Commissioner has approved
a plan for the nonrenewals that is
fair and equitable, and that is
responsive to the changes in our
reinsurance position.
c. We will not refuse to renew such coverage
solely because the first Named Insured has
cancelled or did not renew a policy, issued by
the California Earthquake Authority that
included an earthquake policy premium
surcharge.
d. We will not refuse to renew such coverage
solely because corrosive soil conditions exist
on the premises. This restriction (d) applies
only if coverage is subject to the Special
Property Coverage Form, which excludes loss
or damage caused by or resulting from
corrosive soil conditions.

If a state of emergency under California Law
is declared and the residential property is
located in any ZIP Code within or adjacent to
the fire perimeter, as determined by California
Law, we may not nonrenew this policy for one
year, beginning from the date the state of
emergency is declared, solely because
the dwelling or other structure is located
in an area in which a wildfire has
occurred.

However, we may nonrenew:
(1) If willful or grossly negligent acts or
omissions by the named insured, or
his or her representatives, are
discovered that materially increase
any of the risk insured against.
(2) If losses unrelated to the post disaster
loss condition of the property have
occurred that would collectively
render the risk ineligible for renewal;
or
(3) If there are physical changes in the
property insured against, beyond the
catastrophe-damaged condition of the
structures and surface landscape,
which result in the property becoming
uninsurable.

3. We are not required to send notice of
nonrenewal in the following situations:
a. If the transfer or renewal of a policy,
without any changes in terms, conditions,
or rates, is between us and a member of
our insurance group.
b. If the policy has been extended for 90
days or less, provided that notice has
been given in accordance with paragraph
C.1.
c. If you have obtained replacement
coverage, or if the first Named Insured
has agreed, in writing, within 60 days of
the termination of the policy, to obtain
that coverage.
d. If the policy is for a period of no more
than 60 days and you are notified at the
time of issuance that it will not be
renewed.
e. If the first Named Insured requests a
change in the terms or conditions or risks
covered by the policy within 60 days of
the end of the policy period.
f. If we have made a written offer to the first
Named Insured, in accordance with the
time frames shown in paragraph C.1., to
renew the policy under changed terms or
conditions or at an increased premium
rate, when the increase exceeds 25%.

If there is an appraisal, we will still retain our
right to deny the claim.

Form SS 01 21 02 20 Page 3 of 5
207 of 629
D. The Concealment, Misrepresentation Or Fraud
Condition is replaced by the following with respect
to loss of damage caused by fire:

We do not provide coverage to the insured who,
whether before or after a loss, has committed
fraud or intentionally concealed or misrepresented
any material fact or circumstance concerning:

1. This Coverage Part;

2. The Covered Property;

3. That insured's interest in the Covered
Property; or

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

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

This Coverage Part is void if any insured, whether
before or after a loss, has committed fraud or
intentionally concealed or misrepresented any
material fact or circumstance concerning:

1. This Coverage Part;

2. The Covered Property;

3. That insured's interest in the Covered
Property; or

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

F. The Other Insurance - Property Coverage
Condition is replaced by the following:

If there is other insurance covering the same loss
or damage, we will pay our share of the covered
loss or damage. Our share is the proportion that
the applicable limit of insurance bears to the limits
of insurance of all insurance covering on same
basis.

G. Paragraph E.2., Appraisal of the Standard and
Special Property Form is deleted and replaced
by the following:

2. If we and you disagree on the value of the
property or the amount of loss, either may
make written request for an appraisal of the
loss. If the request is accepted, each party will
select a competent and impartial appraiser.

Each party shall notify the other of the
appraiser selected within 20 days of the
request. The two appraisers will select an
umpire. If they cannot agree within 15 days,
either may request that selection be made by
a judge of a court having jurisdiction. The
appraisers will state separately the value of
the property and amount of loss. If they fail to
agree, they will submit their differences to the
umpire. A decision agreed to by any two will
be binding. Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.

If there is an appraisal, we will still retain our right to deny the claim.

H. With respect to an "Open Policy", the Loss
Payment Condition of the Standard and Special
Property Form is amended by the following:

1. The following changes are made to Section E.

PROPERTY LOSS CONDITIONS:
a. Paragraph 5.d.(1)(b) of the Loss Payment
condition is deleted and replaced by:
(b) We will not pay on a replacement
cost basis for any loss or
damage until the lost or damaged
property is actually repaired or
replaced, and then only subject to
deduction for depreciation. Prior
to such repair or replacement,
and in accordance with the terms
applicable in this Paragraph 5.,
Loss Payment, we will pay the
actual cash value of the lost or
damaged property as described in
Paragraph 2. below. If the actual
cash value does not exhaust the
applicable Limit of Insurance, we
will then pay the difference
between the actual cash value
and the replacement cost,
provided that the repair or
replacement is completed:
(i) Within 12 months after our
payment of the actual cash
value; or
(ii) Within 36 months after our
payment of the actual cash
value if the loss or damage
relates to a state of
emergency under California
Law.

The following provision applies to
real property which is used
predominantly for residential
purposes and consisting of not
more than four dwelling units, and
to coverage on tenants'
household personal property in a
residential unit.

If you, acting in good faith and
with reasonable diligence,
encounter a delay or delays in
approval for, or reconstruction of,
the residence that are beyond
your control, we shall provide one
or more additional extensions of
six months for good cause.

Circumstances beyond your
control include, but are not limited
to:
(i) Unavoidable construction
permit delays;
(ii) The lack of necessary
construction materials; or

Page 4 of 5 ends

208 of 629
(iii) The unavailability of contractors
to perform the necessary work.

The foregoing provisions do not
constitute a waiver of our right to deny
the claim for any valid reason or to
restrict payment in cases of suspected
fraud.

2. The following provision is added:

Provision Applicable to California
Actual cash value is determined as follows:
a. In the event of a partial or total loss to a
building or structure, actual cash value is
calculated as shown below, whichever is
less:
(1) The amount it would cost to repair,
rebuild or replace the property less a
fair and reasonable deduction for
physical depreciation of the
components of the building or
structure that are normally subject to
repair or replacement during its useful
life. Physical depreciation is based
upon the condition of the property at
the time of the loss; or
(2) The limit of Insurance applicable to
the property.
b. In the event of a partial or total loss to
Covered Property other than a building or
structure, actual cash value is calculated
as the lesser of the following:
(1) The amount it would cost to repair or
replace the property less a fair and
reasonable deduction for physical
depreciation, based on the condition
of the property at the time of loss; or
(2) The Limit of Insurance applicable to
the property.

I. With respect to this endorsement, the following
definition is added to Section G. PROPERTY
DEFINITIONS:
"Open Policy" means a policy under which the
value of Covered Property is not fixed at
policy inception, but is determined at the time
of loss in accordance with policy provisions
on valuation. The term "open policy" does
not apply to Covered Property that is subject
to an Agreed Value clause or similar clause
that establishes an agreed value prior to loss,
unless such clause has expired.

Form SS 01 21 02 20 Page 5 of 5
209 of 629
57 SBM BN2383
01/08/21 01/08/22
POLICY NUMBER:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 42 06 03 17 Page 1 of 2
Process Date: Policy Expiration Date:

UNMANNED AIRCRAFT - LIABILITY ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM

SCHEDULE
Option 1: If an "X" is shown in this box, Bodily Injury and Property Damage coverage for Unmanned Aircraft applies and the Unmanned Aircraft Exclusion in Paragraph A.1.g.(1) of this endorsement does not apply.

Option 2: If an "X" is shown in this box, Personal And Advertising Injury coverage for Unmanned Aircraft applies and the Unmanned Aircraft - Personal And Advertising Injury Exclusion in Paragraph A.2. of this endorsement does not apply.

Except as otherwise stated in this endorsement or the
schedule above, the terms and conditions of the policy
apply to the insurance stated below.

A. The following changes are made to Section B.1.,
EXCLUSIONS:

1. Paragraph g., Aircraft, Auto or Watercraft, is
deleted and replaced with the following:
g. Aircraft, Auto or Watercraft
(1) Unmanned Aircraft
"Bodily injury" or "property damage"
arising out of the ownership,
maintenance, use or entrustment to
others of any aircraft that is an
"unmanned aircraft". Use includes
operation and "loading or unloading".

This Paragraph g.(1) applies even if the
claims against any insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training
or monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage"
involved the ownership, maintenance,
use or entrustment to others of any
aircraft that is an "unmanned aircraft".
(2) Aircraft (Other Than Unmanned
Aircraft), Auto Or Watercraft
"Bodily injury" or "property damage"
arising out of the ownership,
maintenance, use or entrustment to
others of any aircraft (other than
"unmanned aircraft), "auto" or watercraft
owned or operated by or rented or
loaned to any insured. Use includes
operation and "loading or unloading".

This Paragraph g.(2) applies even if the
claims against any insured allege
negligence or other wrongdoing in the
supervision, hiring, employment, training
or monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage"
involved the ownership, maintenance,
use or entrustment to others of any
aircraft (other than "unmanned aircraft),
"auto" or watercraft that is owned or
operated by or rented or loaned to any
insured.

Paragraph g. (2) does not apply to:
(a) A watercraft while ashore on
premises you own or rent;
(b) A watercraft you do not own that is:
(i) Less than 51 feet long; and
(ii) Not being used to carry persons
for a charge;
(c) Parking an "auto" on, or on the
ways next to, premises you own or
rent, provided the "auto" is not
owned by or rented or loaned to you
or the insured;
(d) Liability assumed under any
"insured contract" for the ownership,
maintenance or use of aircraft or
watercraft;
210 of 629

Page 2 of 2 ends

(e) "Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Section G
Liability and Medical Expenses
Definitions, Paragraph 15 f. (2) or f.
(3) of the definition of "mobile
equipment"; or
(f) An aircraft (other than unmanned
aircraft) that is not owned by any
insured and is hired, chartered or
loaned with a paid crew. However,
this exception does not apply if the
insured has any other insurance for
such "bodily injury" or "property
damage", whether the other
insurance is primary, excess,
contingent or on any other basis.

2. The following is added to Section B.

EXCLUSIONS Paragraph p., Personal and
Advertising Injury:

Unmanned Aircraft - Personal and
Advertising Injury
Arising out of the ownership,
maintenance, use or entrustment to
others of any aircraft that is an
"unmanned aircraft". Use includes
operation and "loading or unloading".

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or
monitoring of others by that insured, if
the offense which caused the "personal
and advertising injury" involved the
ownership, maintenance, use or
entrustment to others of any aircraft that
is an "unmanned aircraft".

However, this exclusion does not apply
if the only allegation in the claim or "suit"
involves an intellectual property right
which is limited to:
(a) Infringement, in your
"advertisement", of:
(i) Copyright;
(ii) Slogan; or
(iii) Title of any literary or artistic
work; or
(b) Copying, in your "advertisement", a
person's or organization's
"advertising idea" or style of
"advertisement".

B. The following changes apply to Section G.

LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:

1. The following definition is added:
"Unmanned aircraft" means an aircraft that is
not:
a. Designed;
b. Manufactured; or
c. Modified after manufacture
to be controlled directly by a person from within
or on the aircraft.
211 of 629
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 38 09 09 Page 1 of 3
© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission)

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

BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the
BUSINESS LIABILITY COVERAGE FORM not
expressly modified herein:

A. Amended Coverage:

Coverage is extended to "bodily injury" and
"property damage" arising out of the use of a "hired
auto" and "non-owned auto".

B. Paragraph B. EXCLUSIONS is amended as
follows:

1. Exclusion g. Aircraft, Auto or Watercraft does
not apply to a "hired auto" or a "non-owned
auto".

2. Exclusion e. Employers Liability does not
apply to "bodily injury" to domestic "employees"
not entitled to workers’ compensation benefits
or to liability assumed by the "insured" under an
"insured contract".

3. Exclusion f. Pollution is replaced by the
following:
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled,
or handled for movement into, onto or
from, the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".

Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or
result from the normal electrical, hydraulic
or mechanical functioning of the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged or released directly
from an "auto" part designed by its
manufacturer to hold, store, receive, or
dispose of such "pollutants"; and
(2) The "bodily injury" and "property
damage" does not arise out of the
operation of any equipment listed in
paragraphs 15.b. and 15.c. of the
definition of "mobile equipment".

Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with
respect to "pollutants" not in or upon a
covered "auto" if:
(1) The "pollutants" or any property in
which the "pollutants" are contained are
upset, overturned or damaged as a
result of the maintenance or use of a
covered "auto"; and
212 of 629

Page 2 of 3 ends

(2) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by such
upset, overturn or damage as a result of
the maintenance or use of a covered
"auto".

4. With respect to this coverage, the following
additional exclusions apply:
a. Fellow employee
Coverage does not apply to "bodily injury" to
any fellow "employee" of the "insured"
arising out of the operation of an "auto"
owned by the "insured" in the course of the
fellow "employee’s" employment.
b. Care, custody or control
Coverage does not apply to "property
damage" involving property owned or
transported by the "insured" or in the
"insured’s" care, custody or control.

C. With respect to "hired auto" and "non-owned auto"
coverage, Paragraph C. WHO IS AN INSURED is
deleted and replaced by the following:

The following are "insureds":
a. You.
b. Your "employee" while using with your
permission:
(1) An "auto" you hire or borrow; or
(2) An "auto" you don’t own, hire or borrow in
your business or personal affairs; or
(3) An "auto" hired or rented by your
"employee" on your behalf and at your
direction.
c. Anyone else while using a "hired auto" or "non-
owned auto" with your permission except:
(1) The owner or anyone else from whom you
hire or borrow an "auto".
(2) Someone using an auto while he or she is
working in a business of selling, servicing,
repairing, parking or storing "autos" unless
that business is yours.
(3) Anyone other than your "employees",
partners (if you are a partnership), members
(if you are a limited liability company), or a
lessee or borrower or any of their
"employees", while moving property to or
from an "auto".
(4) A partner (if you are a partnership), or a
member (if you are a limited liability
company) for an "auto" owned by him or her
or a member of his or her household.
d. Anyone liable for the conduct of an "insured"
described above but only to the extent of that
liability.

D. With respect to the operation of a "hired auto" and
"non-owned auto", the following additional
conditions apply:

1. OTHER INSURANCE
a. Except for any liability assumed under an
"insured contract" the insurance provided by
this Coverage Form is excess over any
other collectible insurance.

However, if your business is the selling,
servicing, repairing, parking or storage of
"autos", the insurance provided by this
endorsement is primary when covered
"bodily injury" or "property damage" arises
out of the operation of a customer’s"auto"
by you or your "employee".
b. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and policies
covering on the same basis.

2. TWO OR MORE COVERAGE FORMS OR

POLICIES ISSUED BY US
If the Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
"accident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of Insurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form.

E. The following definitions are added:

G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:

1. "Hired auto" means any "auto" you lease,
hire, rent or borrow. This does not include
any auto you lease, hire, rent or borrow
from any of your "employees", your partners
(if you are a partnership), members (if you
are a limited liability company),
213 of 629
Form SS 04 38 09 09 Page 3 of 3
or your "executive officers" or members of
their households.

This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.

2. "Non-owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. "Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer’s "auto" that is in your care,
custody or control for service.
214 of 629
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 41 63 06 11 Page 1 of 1
© 2011, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)

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

BUSINESS LIABILITY COVERAGE FORM
Paragraph f. of the definition of "insured contract" in the Liability And Medical Expenses Definitions Section is replaced by the following:
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. includes that part of any contract or agreement 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.

However, Paragraph f. does not include that part of any contract or agreement:
(1) 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, designs 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
(2) 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 (1) above and supervisory, inspection, architectural or engineering activities. 215 of 629
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 05 47 09 15 Page 1 of 2
© 2015, The Hartford

EXCLUSION - NUCLEAR ENERGY LIABILITY

1. This insurance does not apply:
a. To any injury or 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
or 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 or Medical
Expenses 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. To any injury or damage resulting from the
"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 injury or damage arises out of the
furnishing by any insured of any "technology
services" in connection with the planning,
construction, maintenance, operation or use
of any "nuclear facility"; or
(4) The injury or 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 (4) applies only to "property
damage" to such "nuclear facility" and any
property thereat.

2. As used in this exclusion:
a. "Byproduct material", "source material" and
"special nuclear material" have the meanings
given them in the Atomic Energy Act of 1954 or
in any law amendatory thereof.
b. "Computer system and network" means:
(1) Leased or owned computer hardware
including mobile, networked, and data
storage computing equipment;
(2) Owned or licensed software;
(3) Owned websites;
(4) Leased or owned wireless input and output
devices; and
(5) Electronic backup facilities and data storage
repositories employed in conjunction with
items 1 through 4 above.
c. "Hazardous properties" include radioactive, toxic
or explosive properties.
d. "Nuclear facility" means:
(1) Any "nuclear reactor";
(2) Any equipment or device designed or used
for:
(a) Separating the isotopes of uranium or
plutonium;
(b) Processing or utilizing "spent fuel"; or
(c) Handling, processing or packaging
"waste",
216 of 629

Page 2 of 2 ends

(3) 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;
(4) 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.
e. "Nuclear material" means "byproduct material",
"source material" or "special nuclear material".
f. "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.
g. Injury or damage and "property damage" include
all forms of radioactive contamination of
property.
h. "Spent fuel" means any fuel element or fuel
component, solid or liquid, which has been used
or exposed to radiation in a "nuclear reactor".
i. "Technology services" means:

1. the following services performed for others:
a. Consulting, analysis, design, installation,
training, maintenance, support and
repair of or on: software, wireless
applications, firmware, shareware,
networks, systems, hardware, devices
or components;
b. Integration of systems;
c. Processing of, management of, mining
or warehousing of data;
d. Administration, management, operation
or hosting of: another party's systems,
technology or computer facilities;
e. Website development; website hosting;
f. Internet access services; intranet,
extranet or electronic information
connectivity services; software
application connectivity services;
g. Manufacture, sale, licensing,
distribution, or marketing of: software,
wireless applications, firmware,
shareware, networks, systems,
hardware, devices or components;
h. Design and development of: code,
software or programming;
i. Providing software application:
services, rental or leasing;
j. Screening, selection, recruitment or
placement of candidates for temporary
or permanent employment by others as
information technology professionals;
k. "Telecommunication services"; and
l. "Telecommunication products".

2. web-related software and connectivity
services performed for others; and

3. activities on the "named insured's"
"computer system and network".
217 of 629
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 50 38 10 03 Page 1 of 1
© 2003, The Hartford

LIMITED EXCLUSION - PERSONAL AND ADVERTISING

INJURY - LAWYERS
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. Exclusion 1.j. Professional Services of Section B. Exclusions is changed to replace 1.j.(1) with the following:
j.(1) Accounting or advertising services;
B. The following is added to Exclusion p. "Personal and Advertising Injury" of Section B. Exclusions:

This insurance does not apply to "personal and advertising injury" arising out of the rendering of or failure to render professional services as a lawyer.
218 of 629
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 50 19 01 15 Page 1 of 1
© 2015, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission)

CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM

SPECIAL PROPERTY COVERAGE FORM

STANDARD PROPERTY COVERAGE FORM

UMBRELLA LIABILTY PROVISIONS
A. Disclosure Of Federal Share Of Terrorism Losses
The United States Department of the Treasury will
reimburse insurers for a portion of such insured
losses, as indicated in the table below that exceeds
the applicable insurer deductible:

Calendar Year Federal Share of
Terrorism Losses
2015 85%
2016 84%
2017 83%
2018 82%
2019 81%
2020 or later 80%
However, if aggregate industry insured losses,
attributable to "certified acts of terrorism" under the federal Terrorism Risk Insurance Act, as amended
(TRIA), exceed $100 billion in a calendar year, the
Treasury shall not make any payment for any
portion of the amount of such losses that exceeds
$100 billion. The United States government has not
charged any premium for their participation in
covering terrorism losses.

B. Cap On Insurer Liability for Terrorism Losses
A "certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of federal Terrorism
Risk Insurance Act, to be an act of terrorism under
TRIA. The criteria contained in TRIA for a "certified
act of terrorism" include the following:

1. The act results in insured losses in excess of $5
million in the aggregate, attributable to all types
of insurance subject to TRIA; and

2. The act results in damage within the United
States, or outside the United States in the case
of certain air carriers or vessels or the premises
of an United States mission; and

3. 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 acting as part of an effort to coerce
the civilian population of the United States or to
influence the policy or affect the conduct of the
United States Government by coercion.

If aggregate industry insured losses attributable to
"certified acts of terrorism" under TRIA exceed $100
billion in a calendar year, and we have met, or will
meet, our insurer deductible under TRIA, we shall
not be liable for the payment of any portion of the
amount of such losses that exceed $100 billion. In
such case, your coverage for terrorism losses may
be reduced on a pro-rata basis in accordance with
procedures established by the Treasury, based on
its estimates of aggregate industry losses and our
estimate that we will exceed our insurer deductible.

In accordance with the Treasury's procedures,
amounts paid for losses may be subject to further
adjustments based on differences between actual
losses and estimates.

C. Application Of Exclusions
The terms and limitations of any terrorism exclusion,
the inapplicability or omission of a terrorism
exclusion, or the inclusion of terrorism coverage, do
not serve to create coverage for any loss which
would otherwise be excluded under this Coverage
Form or Policy, such as losses excluded by the
Pollution Exclusion, Nuclear Hazard Exclusion and
the War And Military Action Exclusion.
219 of 629
Form IH 99 40 04 09 Page 1 of 1
U.S. DEPARTMENT OF THE TREASURY, 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 the United States. Please read this Notice carefully.

The Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Collectively, such individuals and companies are called "Specially Designated Nationals and Blocked Persons" or "SDNs". Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC’s web site at – 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 an SDN, as identified by OFAC, the policy is a blocked contract and all dealings with it must involve 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.
220 of 629

THE KREISBERG LAW FIRM, LLC
57 SBM BN2383
01/08/21 01/08/22

SENTINEL INSURANCE COMPANY, LIMITED
Form IH 99 41 04 09 Page 1 of 1
Named Insured:

Policy Number:

Effective Date: Expiration Date:

Company Name:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TRADE OR ECONOMIC SANCTIONS ENDORSEMENT
This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance, including, but not limited to, the payment of claims.

All other terms and conditions remain unchanged.
221 of 629
M
A:ArchInsurance Group

ARCH INSURANCE COMPANY
A Missouri Corporation

ADMINISTRATIVE OFFICE HOME OFFICE
One LibertyPlaza 2345 Grand Blvd,Suite900
53rd Floor Kansas City,MO 64108
New York, NY 10006
Tel:800-817-3252

LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY
THIS IS A CLAIMS-MADE AND REPORTED POLICY. PLEASE REVIEW YOUR POLICY CAREFULLY. THE POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT

ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY DURING

THE POLICY PERIOD UNLESS AND TO THE EXTENT THAT AN EXTENDED REPORTING PERIOD OPTION APPLIES.

DECLARATIONS
Policy Number: 11LPL20149501 Renewal of: llLPL20149500
Item 1 Named Insured and Address Item 2. Producer Name
Kreisberg Law Firm Mercer Health & Beneﬁts Insurance ServicesLLC Suim 350 PO Box 310386
1900 S. Norfolk Street
San Mateo, CA 94403
Item 3. Policy Period From To 12:01 AM. Standard Time at the address 1/1/2022 1/1/2023 of the Named Insured as stated herein.

Des Moines, IA 50331-0386
Item 4. Limit Liability
$ 2,000.000 Each Claim
$ 4,000,000 Aggregate
a.Claims cxpcnscs are included within the Limit of Liability.

Item 5. Deductible
$ 10,000 Per Claim
The deductibleamount speciﬁed above appliesto both damages and claim expenses.

Item 6. Premium
$ 5,552.00 Amount No. of Lawyers 1
Item 7. Forms Attached at Issue
05 ML 0002 00 1214 AIC SignaturePagc
05 LPLOOOZ 05 04 17 Policy Form
00 LPL0175 00 04 17 Network SecurityEndorsement No Charge 00 LPL 00034 00 0506 PriorActs
00 ML 0065 00 0607 OFAC

Byacceptance01m pohcytheInsuredagrees111mthes1a1ememsin[heDeclarauonsandIheApphcauonandanyattachmentshereinaretheInsured'sagreementsandrepresenlauonsandthat11115pohcyembodiesalltheagreementsex1sl1ngbetweentheInsuredandtheCompanyorany07113representativesrelatmgIoIhisinsurance.

Do Not Write Remarks Countersigned At Issue Date
In This BOX Des Moines 11/24/2021
ﬂ/ %\ 11/24/2021
Authorized Representative Countersign Date
05 LPLDOOQO 0012 03 Page 1 of 1
222 of 629
2:?Arch ‘Insurance
CaliforniaSignaturePage
IN WITNESS WHEREOF, Arch Insurance Company has caused this policy to be executed and attested.

CM“W [Jam £1.93)“.

John Mentz Regan Shulman
President Secretary
05 ML0002 00 1214 Page 1 of1
223 of 629

LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY
NOTICE: THIS IS A CLAIMS-MADE AND REPORTED POLICY. PLEASE REVIEW THE POLICY CAREFULLY.THE POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST

MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY DURING THE POLICY

PERIOD UNLESS AND TO THE EXTENT THAT AN EXTENDED REPORTING PERIOD OPTION APPLIES.

ARCH INSURANCE COMPANY
(a stock insurance company, hereincalledthe Company)
agrees with all lnsureds, in consideration of the payment of the premium, and in reliance upon the statements in the Declarations and subject to the limitof liability,exclusions, conditions and other terms of this policy,as follows:

INSURING AGREEMENTS
l. COVERAGE
The Company willpay on behalfof the Insured allsums which the Insured shallbecome legally obligated to pay as Damages for Claims firstmade against the Insured and reported to the Company during the Policy Period or Extended Reporting Period, as applicable, arisingout of any negligent act, error, omission or Personal Injury in the rendering of or failure to render Professional Services forothers by an Insured covered under thispolicy.Provided always that such Professional Services or Personal Injuryhappen:

A. during the Policy Period; or
B. priorto the Policy Period provided that priorto the effectivedate of the firstLawyers ProfessionalLiabilityInsurance Policyissued by thisCompany to the Named Insured or Predecessor in Business, and continuously renewed and maintained in effect to the inception of thispolicy period:

1. the Insured did not give notice to any priorinsurer of any such act, error,omission or Personal Injury; and

2. the Named Insured, any partner, shareholder, employee, or where appropriate the Named lnsured’s management committee or any member thereof, had no reasonable basis to believe that the Insured had breached a professional duty or to Reasonably Foresee that a Claim would be made against the Insured; and

3. there is no priorpolicy or policieswhich provide insurance (including any Automatic or Optional Extended Reporting Period or similar provision) of such policies for such Claim, unless the available limits of liabilityof such prior policy or policies are insufficientto pay any Claim, in which event this policy willbe Specific Excess over any such priorcoverage, subject to this policy'sterms, limitsof liability,exclusions and conditions.

The Company shall have the rightand duty to defend any suit against the Insured seeking Damages to which this insurance applies even ifany of the allegations of the suitare groundless, false or fraudulent.

The Company, at itsoption, shall select and assign defense counsel; however, the Insured may engage additional counsel, solely at theirexpense, to associate in theirdefense of any Claim covered hereunder.

The Company shall also have the rightto investigate any Claim and/or negotiate the settlement thereof, as itdeems expedient, but the Company shall not commit the Insured to any settlement without their consent. lfthe Insured refuses to consent to any settlement recommended by the Company and elects to 05 LPL0002 05 O4 17 Page 1 of 15
224 of 629
contest the Claim or continue any legal proceedings in connection with such Claim, then the liabilityof the Company forDamages and Claim Expenses shallnot exceed the amount forwhich the Claim could have been settled,as well as the Claim Expenses incurred by the Company, or with the Company's consent, up to the date of such refusal.Furthermore, the Insured shall not assume any obligations,incur any costs, charges, or expenses or enter intoany settlement without the Company's consent.

In the event:

A. Item 4.a. of the Declarations is applicable to this policy,Claim Expenses shall be part of,and not in addition to,the Limits of Liabilityspecified in Item 4 of the Declarations; B. Item 4.b. of the Declarations is applicable to this policy,Claim Expenses shall be in addition to the Limits of Liabilityspecified in Item 4 of the Declarations.

In no event shall the Company be obligated to pay Damages or Claim Expenses or to defend, or continue to defend, any suit after the applicable limitof the Company‘s liabilityhas been exhausted by payments ofjudgments, settlements, Damages or Claim Expenses, as applicable. ll. PERSONS INSURED
Each of the following isan Insured under this policyto the extent set forthbelow:

A. The entityor person named in Item 1 ofthe Declarationsas the Named Insured; B. Any Predecessor in Business or Successor in Business; C. Any past partners, officers,directors, stockholders or employees of any person or entity specified in item A. or B. above (except as provided in l.below), but only while acting within the scope of theirduties on behalf of such person or entity; D. Any current partner, director, stockholder or employed lawyer of any person or entity specified in item A. or B. above;
E Any current non-lawyer employee of any person or entityspecified in item A. or B. above, but only while acting within the scope of theirduties on behalf of any such person or entity; F. Any non-affiliatedlegal firm, including their partners, officers,directors,or employees, but solely for Professional Services performed within the scope of theircontract with, and on behalfof,the Named Insured, Predecessor in Business or Successor in Business; G. Any legal representative, ifthe Insured becomes incompetent, insolvent,bankrupt or dies; H. Any lawyer acting as ”of Counsel” or on a contracted basis but only while performing Professional Services on behalfof any person or entityspeciﬁed insectionsA.,B.,C. or D. above.
|. Any past partner, officer,director,stockholder, or employed lawyer of any person or entity specified in Item A. or B. above who retiresfrom the private practice of law, while employed by the Named Insured, but only for Professional Services rendered priorto the date of retirement.

Ill. LIMIT OF LIABILITY
Regardless of the number of lnsureds under this insurance or the number of Claims made, the Company's liabilityis limitedas follows:
05 LPL0002 05 04 17 Page 2 of 15
225 of 629
IV.

In the event Claim Expenses are included within the limitof liabilityas specified in Item 4.a. of the Declarations, the limitof liabilitystated in the Declarations as applicable to “each Claim” isthe limitof the company's liabilityforallDamages and Claims Expenses because of each Claim covered hereby. Notwithstandingthe forgoing,an additionalaggregate limit of $50,000 shallbe provided solelyfor payment of Claims Expenses. AllClaims arising from the same or related negligent act, error or omission or Personal Injury shall be considered a single Claim for the purpose of this insurance and shall be subject to the same limitof liability.

The limitof liabilitystated in the Declarations as “aggregate" is, subject to the above provision respecting “each Claim", the totallimitof the Company's liabilityunder this policy forallDamages and Claims Expenses.

In the event Claim Expenses are in addition to the limitof liabilityas specified in Item 4.b. 0f the Declarations, the limitof liabilitystated in the Declarations as applicable to “each Claim" is the limitof the Company's liabilityfor Damages resultingfrom each Claim covered hereby. There shallbe a separate limitof liabilityequal to one-half(1/2)of the limitof liability for Damages applicable to Claim Expenses for any such Claim. Such limitfor Claim Expenses shall not exceed $1,000,000 regardless of the limitof liabilitypurchased for Damages. All Claims arising from the same or related negligent act, error or omission or Personal Injury shall be considered a single Claim for the purpose of this insurance and shallbe subjectto the same limitof liability.

In the event that the Claim Expenses limitof liabilityis exhausted, allsubsequently incurred Claim Expenses willapply to and erode the policy‘slimitof liability.

The limitof liabilitystated in the Declarations as “aggregate" is, subject to the above provision respecting “each Claim", the totallimitof the Company‘s liabilityunder this policy for allDamages. A separate “aggregate" limitof liabilityshall apply to allClaims Expenses incurred in the defense of Claims covered by this Policy, subject to the above provision respecting the Company's liabilityfor Claim Expenses for “each Claim”.

The Company's liabilityfor Damages and/or Claim Expenses, as applicable, resultingfrom “each Claim” is in excess of the deductible amount stated in the Declarations. The deductible amount stated in the Declarations shall upon writtendemand by the Company, be paid by the Named Insured within 30 days of demand.

The applicationof any Extended Reporting Period option shall not increase the limitof liabilitystated in the Declarations.

In the event the Insured participatedin an Alternative Dispute Resolution to settlea Claim brought by a clientof the ﬁrm, the Company willwaive 50% of the Insured's deductible obligation. The maximum amount of this waiver shall not exceed $25,000 per Claim. Ifthe Alternative Dispute Resolution failsto resolve the Claim, and the Claim proceeds to litigation,the deductible willapply to any Damages and/or Claim Expenses paid by the Company afterthe litigationhas commenced.

Ifthis policy and any other policy issued by Arch Insurance Company including any extended reporting period coverage afforded by such policy or policies,provides coverage to the same Claim against the Insured, the maximum limitof liabilityunder allthe policies shall not exceed the highestremaining Each Claim limitof liabilityunder any one policy.

PO LICY TERRITORY
This insurance is provided worldwide.
05 LPL0002 05 04 17 Page 3 of 15
226 of 629
VI.

VII.

This insurance is provided worldwide. WHEN A CLAIM IS DEEMED AS FIRST MADE A Claim shall be deemed as being ﬁrst made at the earlierof the following times:

A. When the Company firstreceives written notice from the Insured or itsrepresentative that a Claim has been made; or
When the Company firstreceives written notice from the Insured or itsrepresentative of specificcircumstances or a Potential Claim involvinga particularperson or entitywhich may resultin a Claim.

All Claims arising out of the same or related negligent act, error,omission or Personal Injury shall be considered as having been made at the time the firstsuch Claim is made, and shall be subject to the same limitof liabilityand deductible.

SUPPLEMENTARY PAYMENTS
The Company willpay, in addition to the applicable limitof liability:

A. Up to $500 for loss of earnings to each Insured for each day or part of a day of such lnsured’s attendance, at the Company's request, at a trial,deposition, hearing, mediation or arbitrationproceeding involving a civilsuit against such Insured for covered Damages, but the amount so payable for any one or series of trials,depositions, hearings or arbitration proceedings arising out of the same or related negligent act, error, omission or Personal Injuryshall in no event exceed $10,000; and
Up to $25,000 per PolicyPeriod foreach lawyer includedwithinsub-sectionsA., B.,C., D. and l.of Persons Insured forattorneyfees and othercosts,expenses or fees resultingfrom the investigation or defense of a proceeding before a state licensing board, peer review committee or governmental regulatory body incurred as the resultof a notice of a proceeding firstreceived by the Insured and reportedto the Company during the PolicyPeriod,arising out of any negligent act, error, omission or Personal Injury in the rendering of or failureto render Professional Services by an Insured covered under thispolicy.

EXC LU SION S
This insurance does not apply to Claims:

A. Based on or arising out of the lnsured’s services and/or capacity as an employee, owner, partner, stockholder, director,ofﬁcer or trustee of any sole proprietorship, partnership or corporation or other business enterprise which is not defined as Named Insured, Predecessor in Business or Successor in Business unless such Claim arises out of a lawyer-clientrelationship;
Arisingout of any dishonest,fraudulent,criminalor maliciousact or omission,or deliberate misrepresentation(includingbut not limitedto,actualor allegedviolationsof stateor federal antitrust,price-ﬁxing,restraintof trade,copyrightor deceptive trade practicelaws, rulesor regulations) committed by, at the direction of, or with the knowledge of any Insured; however, we willprovide a defense of such actions untilsuch time as the act is ruled either by trialverdict,court ruling,regulatory ruling or legal admission as dishonest, fraudulent, criminalor malicious.

Based on or arising out of any obligations for which any Insured or any carrieracting as the insurer may be liable under any workers’ compensation, unemployment compensation, disabilityor pension benefits law, or any similar laws, including but not limited to, the 05 LPL0002 05 04 17 Page 4 of 15
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Employee Retirement Income Security Act of 1974 and any amendments thereof; this exclusion does not apply to the usual and customary legal services performed in connection with such capacities or laws on behalf of any person or entitynot defined as an Insured; D. Arising out of the lnsured’s services and/or capacity as:

1. an officer,director,partner,trustee,or employee of:
(a) a charitable organization;
(b) a pension, welfare, profitsharing or mutual fund;
(0) an investment fund or investment trust;

2. a publicofficial,or an employee of a governmental body, subdivision,or agency; or

3. a fiduciaw under the Employee Retirement Income Security Act of 1974 and its amendments or any regulation or order issued pursuant thereto, except ifan Insured is deemed to be a fiduciaw solely by reason of legal advice rendered with respect to an employee beneﬁt plan;

4. a trustee, administrator, conservator, executor, guardian, receiver or similarfiduciary capacity when any Insured is a beneficiary or distributee of any trust or estate servicedand the fee accruingfrom such work inuresto the benefitof any Insured.

E. For bodily injury,sickness, disease or death of any person, or injuryto or destruction of any tangiblepropertyor lossof use resultingtherefrom;
F. Arising out of notarized ceitificationor acknowledgment of a signature without the physical appearance before such notaw public of the person who is or Claims to be the person signing said instrument;
G. Arising out of any negligent act, error, omission or Personal Injury in the rendering of or failure to render Professional Services performed for any organization, corporation, company, partnership, or operation (other than the Named Insured, Predecessor in Business or Successor in Business) while any Insured or their spouse has more than 10% equity position in such entity;
H. Made by an Insured under this policy against any other Insured under this policy, unless such Claim arisessolelyout of Professional Services performed forthatpartyina lawyer- clientcapacity;
I. Solely as respects Personal Injury:

1. the willfulviolationof a penal statute or ordinance committed by or with the knowledge or consent of the Insured;

2. libelor slander or the publication or utterance of defamatory or disparaging material concerning any person or organization or goods, products or services, or in violation of an individual'srightof privacy, made by or at the direction of the Insured with the lnsured’s knowledge of the falsitythereof;

3. failure of performance of contract, but this exclusion does not apply to the unauthorized appropriation of ideas based upon alleged breach of implied contract; 05 LPL0002 05 04 17 Page 5 of 15
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VIII.

4. infringement of trademark, service mark or trade name, other than titlesor slogans, by use thereof on or in connection with goods, products or services sold, offered for sale or advertised; or

5. knowingly incorrect description or mistake in advertised price of goods, products or services sold, offered for sale or advertised.

DEFINITIONS
When used inthis policy (includingendorsements forming a part hereto):
“Alternative Dispute Resolution” means the use ofarbitrationor mediation. “Claim" means a demand for money or services,or the filingof suitor institutionof arbitration proceedings or
Alternative Dispute Resolution naming an Insured and alleging a negligent act, error,omission or Personal Injury resulting from the rendering of or failureto render Professional Services.

Claim does not include proceedings seeking injunctiveor other non-pecuniary relief. “Claim Expenses” means:
(a) Fees charged by an attorney(s),arbitrator(s)or mediator(s) designated by the Company and all other fees, costs, and expenses resulting from the investigation, adjustment, defense and appeal of a Claim, suit or proceeding arising in connection therewith,ifincurredby the Company, or by the Insured with writtenconsent of the Company, but does not includesalarycharges or expenses of regularemployees or ofﬁcialsof the Company, or fees and expenses of independent adjusters; (b) All costs taxed against the Insured in suits or proceedings and all interest on the entireamount of any judgment thereinwhich accrues afterentryof the judgment and beforethe Company has paid or tendered or deposited,whether incourtor othenzvise, but only as respects that part of the judgment which does not exceed the limitof the Company's liabilitythereof. Prejudgment interest if/where payable under this policy willbe in addition to the Limits of Liabilitystated in the Declarations. (c) Premiums on appeal bonds and premiums on bonds to release attachments in such suits, but not for bond amounts in excess of the applicable limitof liabilityof this policy. The Company shallhave no obligationto pay for or furnish any bond. “Damages” means compensatory judgments, settlements or awards but does not include punitive or exemplary Damages, sanctions, fines or penalties assessed directlyagainst any Insured, the return of fees or other consideration paid to the Insured, or that portion of any award or judgment caused by the treblingor multiplicationof actual Damages under federal or state law. “Insured” means any person or organization qualifyingas an Insured in the “Persons Insured” provision of this policy.The insurance afforded applies separately to each Insured against whom Claim ismade or suitisbrought,except with respectto the Company's limitsof liability. “Named Insured" means the person or organizationnamed in Item | of the Declarationsof this policy.
“Personal Injury” means: (a) false arrest,detention or imprisonment, wrongful entry or eviction, other invasion of private occupancy, or malicious prosecution; (b) the publication or utterance of libel,slander or other defamatory or disparaging material, or a publication or an utterance in 05 LPL0002 05 04 17 Page 6 of 15
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violationof an individual'sright of privacy; or (c) injuryarising out of an offense occurring in the course of the Named lnsurecl’s advertising activities,including but not limitedto infringement of copyright, titleslogan, patent trademark, trade dress, trade names, service mark or service number.
"Policy Period” means, whenever used in this policy,the period from the inception date of this policy to the policy expiration date as set forth in the Declarations or itsearliertermination date, if any.
“PotentialClaim" means knowledge of any circumstances involvingan individualperson or entity thatcould resultina Claim.
“Predecessor in Business" means any legal firm which has undergone a material change as follows: (a) some or all of such firm‘s principals,owners, officers or partners have joined the Named Insured, provided such persons were responsible for producing in excess of 50% of the priorfirm'sannual gross billingsand such billingshave been assigned or transferred to the Named Insured; or (b)at least50% of the principals,owners, partnersor officersof the priorfirm have joined the Named Insured; or (c)at least50% of the priorfirm'sfinancialassets/liabilitieshave been assumed by the Named Insured.
“Professional Services” means:
(a) services performed or advice given by the Insured in the Named lnsured’s practice as a law ﬁrm or legalprofessional;
(b) services as a notary public,titleagent, titleinsurance agent, arbitratoror mediator; (c) sen/ices as a trustee, administrator, conservator, executor, guardian, receiver or similar fiduciarycapacity;
(d) activitiesof the Insured as a member of a formal accreditation,ethics,peer review, licensing board, standards review or similarprofessional board or committee; (e) the publication or presentation of research papers or similar materials, but only ifdirect pecuniary compensation per publicationor presentation is less than $3,000; (f) sen/ices performed by the Insured in a lawyer-clientrelationshipon behalf of one or more clients shall be deemed for the purpose of this section to be the performance of Professional Services for others in the lnsured‘s capacity as a lawyer, although such services could be performed wholly or in part by non-lawyers.

Reasonably Foresee(n) means:

1. Claims or incidents reported to any priorinsurer;

2. unreported Claims or suits of which any Insured had received notice prior to the effectivedate of the firstpolicywith the Company;

3. incidents or circumstances that involve a particularperson or entitywhich an Insured knew might resultin a Claim or suitpriorto the effectivedate of the firstpolicy issued by the Company to the Named Insured, and which was not disclosed to the Company.
“Specific Excess" as used in this policy and in accordance with said policy'sterms and limitsshall cover liabilityand defense ifand only ifallother applicable insurance has been exhausted. 05 LPL0002 05 04 17 Page 7 of 15
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IX.

Specific Excess shall also apply in the event that any term or provision included in this policy offers broader coverage than any other form of insurance simultaneously held by policyholder.This interpretationshall apply to, but not be limited to, issues concerning any Extended Reporting Period, Optional Reporting Period, Automatic Extended Reporting Period, or similarperiods in any priorpolicyor policies.
“Successor in Business” means, aftermaterialchange of the Named Insured, any law firm in which either: (a) some or all of the principals,owners, officers and/or partners of the Named Insured have joined an existing, or formed a new, law firm provided such persons were responsible for producing in excess of 50% of the Named lnsured’s annual gross billingsat the time of material change and such billingshave been assigned or transferred to the successor law firm;or (b)at least50% of the principals,owners, partnersor officersof the Named Insured have joined an existing,or formed a new law firm;or (c) at least 50% of the Named lnsured’s financial assets/liabilitieshave been assumed by the successor law firm;provided this policy does not apply to Professional Services or Personal Injury ifthe Successor in Business is also an Insured under any similarliabilityor indemnity policy,or would be an Insured under any such policy but for exhaustion of itslimitsof liability.This coverage shall terminate at the earlierof policy termination or 90 days from the date of material change of the Named Insured unless written notice isgiven to the Company, togetherwith such informationas the Company may request,and the Successor in Business shall pay any additional premium required in the event the Company agrees to continue the policy.

CONDITIONS
A. Premium: All premiums for this policy shall be computed in accordance with the Company’s rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein. The Named Insured shall maintain records of the information necessary for premium computation and shall send copies of such records to the Company at such times as the Company may direct.

B. Assistance and Cooperation of Insured in the Event of Claim or Suit:Upon the Insured becoming aware of any negligent act, error,omission or Personal Injuryin the rendering of or failureto render Professional Services which could reasonably be expected to be the basis of a Claim covered hereby, writtennotice shall be given by the Insured, or its representative to the Company together with the fullestinformation obtainable as soon as practicable. IfClaim is made or suit is brought against the Insured, the Insured or its representative shall immediately forward to the Company every demand, notice, summons or other process received by the Insured or the lnsured’s representative. The Insured shall cooperate with the Company and, upon the Company's request, assist in making statements, in the conduct of suits and in enforcing any rightof contribution or indemnity against any person or organization who may be liableto the Insured because of Damages with respect to which this insurance applies. The Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not, except at the lnsured’s own cost, voluntarilymake any payments, admit liability,assume any obligationor incur any expense. The Insured may provide for Alternate Dispute Resolution with a clientunder an engagement letteror any other written contract, as long as such agreement isexecuted in writingpriorto any Claim being made.

C. Waiver of Exclusion and Breach of Conditions:

Whenever coverage under any provision of thispolicywould be excluded, suspended or lost:

1. because of EXCLUSION B. relatingto any judgment or finaladjudication based upon or arising out of any dishonest, deliberately fraudulent, criminal, malicious or deliberatelywrongful acts or omissions by any Insured; or 05 LPL0002 05 04 17 Page 8 of 15
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2. because of noncompliance with Section B, CONDITIONS relating to the giving of notice to the Company with respect to which any other Insured shall be in default solelybecause of the defaultor concealment of such defaultby one or more partners or employees responsibleforthe lossor damage othenNise insuredhereunder, the Company agrees thatsuch insurance as would otherwise be affordedunder thispolicy shall apply with respect to each and every Insured who did not personally commit or personally participatein committing one or more of the acts, errors,or omissions described in any such exclusion or condition; provided that ifthe condition be one with which such Insured can comply, after receiving knowledge thereof,the Insured entitledto the benefit of the Waiver of Exclusions and Breach of Conditions shall comply with such conditions promptly after obtaining knowledge of the failure of any other Insured or employee to comply therewith.

With respect to provision 0.1. above, the Company's obligation to pay in the event of such waiver shall be in excess of the deductible and in the excess of the fullextent of any assets inthe firmof any Insured who isnot a beneficiaryto the waiver.

D. Assignment: The interestof the Named Insured is not assignable. Ifany Insured shall die or be adjudged incompetent, this insurance shall thereupon terminate for such person but shall cover the lnsured’s legal representative as the Insured with respect to liability previously incurred and covered by this insurance. Pro rata return premium willbe computed from the date oftermination.

E. Legal Action Against the Company: A person or organization may bring a suitagainst the Company including,but not limitedto,a suitto recover on an agreed settlement or on a final judgment against an Insured; but the Company willnot be liablefor Damages that are not payable under the terms of this policy or that are in excess of the applicable limitof insurance. An agreed settlement means a settlement and release of liabilitysigned by the Company, the Insured and the claimant or the claimant's legal representative.

However, no action by an Insured shall lieagainst the Company unless there has been full compliance with allof the terms of thispolicy.

F. Conformity to Statute: Notwithstanding anything contained herein to the contrary, in the event that any terms or conditions of this contract conflictwith any law applicable to the coverage afforded hereunder, the terms of this contract shall by this statement be amended to conform to such law or laws.

G. Other Insurance: ifthere isother validinsurance (whether primary,excess, contingentor self—insurance), against a Claim covered by this policy the insurance provided hereunder shallbe deemed excess insurance over and above the applicablelimitof allother insurance or self—insurance. This policy iswrittenas Specific Excess of coverage available under any Extended Reporting Period, Optional Extended Reporting Period and Automatic Extended Reporting Period or similarperiod in any priorpolicy or policies.

When this insurance is excess, the Company shall have no duty under this policy to defend any Claim or suit that any other insurer or self—insurerhas a duty to defend. Ifsuch other insurer or self—insurerrefuses to defend such Claim or suit,the Company shall be entitledto the Insured‘s rightsagainstallsuch other insurersor self—insurersforany Claim Expenses incurred by the Company.

When both this insurance and other insurance or self—insurance apply to the Claim on the same basis, whether primary, excess or contingent, the Company shall not be liableunder this policy for a greater proportion of the Damages or Claim Expenses than the applicable 05 LPL0002 05 04 17 Page 9 of 15
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limitof liabilityunder this policy for such Claim bears to the totalapplicable limitof liabilityof allvalidand collectibleinsurance against such Claim. Subject to the foregoing,ifa loss occurs involving two or more policies,each of which provides that itsinsurance shall be excess, each willcontribute pro rata.

H. Subrogation: In the event of any payment under this policy,the Company shall be subrogated to allthe lnsured’s rightsof recovery thereforeagainstany person, organization or entityand the Insured shallexecute and deliverinstrumentsand papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after any loss to prejudice such rights.
|. Changes: The terms of thispolicyshallnot be waived or changed except by endorsement issued to form a part of this policy.

J. Bankruptcy or Insolvency of Insured: Bankruptcy or insolvency of the Insured or of the lnsured’s estate shall not relievethe Company of any of itsobligations hereunder.

K. Cancellation: This insurance may be canceled by the Named Insured at any time by written notice or by surrender of this insurance to the Company or its authorized representativeand the Company shallrefund the paid premium less the earned portion thereofwithinthirty(30)days of the latterof the effectivedate of the cancellationor the date of deliveryof the lnsured’s notice of intentto cancel subject to the retentionby the Company of any minimum premium stipulated herein (or proportion thereof previously agreed upon). The earned portion of the premium shall be computed on the customary short-rate basis unless any state law or regulation of the state shown in the mailing address of the Named Insured on the Declarations Page requires that return premium be computed on a pro-rata basis, even in the event of cancellation by the Named Insured. This insurance may also be canceled,with or withoutthe returnor tender of the unearned premium, by the Company, or by its authorized representative on its behalf, by sending to all Named lnsureds, by firstclass, registered or certiﬁed mail, at the Named lnsured(s) address last known to the Company or itsauthorized agent, not less than ninety (90) days written notice statingthe specificreason forsuch cancellationand when the cancellationshallbe effective.

In such case the Company shall refund the paid premium less the earned portion thereof withinten (10)business days afterthe effectivedate of cancellation,subjectto the retention by the Company of any minimum premium stipulated herein (or proportion thereof previously agreed upon). In the event of cancellation by the Company, minimum premium shall not apply to the return of unearned premium. In case of non-payment of premium only thirty(30) days written notice of cancellation must be given by the Company. Proof of mailing willbe sufficientproof of notice.

Cancellation by the Company shall only be effectiveifbased on one or more of the following reasons:

1. Nonpayment of premium;

2. The policywas obtained through a materialmisrepresentationthatwas reliedon by the Company, and such policywould not have been issued by the Company under the same terms and conditions ifcorrect information had been disclosed;

3. Material failureto comply with policy terms, conditions or contractual duties;

4. The riskoriginallyaccepted has measurably increased;

5. Loss by the Company of reinsurance which provided coverage for allor a substantial part of the riskinsured.
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L. Nonrenewal: The Company willrenew this policy unless written notice of the Company's intent not to renew, stating the specific reasons for nonrenewal, is mailed to the Named Insured not lessthan ninety(90)days beforethe policyexpires.

Any notice of nonrenewal will be mailed by firstclass registered or certifiedmail to the Named Insured at the lastmailingaddress known to the Company. Proof of mailingwillbe sufficientproof of notice.

M. Renewal Rate Increase or Change in Policy Terms: Ifthe Company increases the rate, changes the deductible, reduces the limitor substantiallyreduces coverage at renewal, the Company willmail to the Named Insured, at least sixty (60) days priorto the effectivedate of thatincreaseor change:

1. Written notice of any change in coverage terms;

2. The amount of our rateincrease.

A rate increase is defined as any increase in premium except increase due to change in exposure (includingclaims—made step factors)and/or ratingplans based solely on the lnsured’s developed experience.

Any notice of renewal rate increase or change in policy terms willbe mailed by ﬁrst class registered or certiﬁed mail to allNamed lnsureds at the last mailing address known to the Company. Proof of mailingwillbe sufficientproofof notice.

N. Declarations and Applications: By acceptance of this policy,the Insured agrees that the statements in the Declarations and application are his agreements and representations, and that this policy is issued in reliance upon the truthof such representations and that thispolicy embodies allagreements existingbetween himselfand the Company or any of itsagents relatingto thisinsurance.

0. Extended Reporting Period Option:

1. Cancellation/Nonrenewalz In the case of:
(a) cancellation or nonrenewal of this policy by the Named Insured or the Company for any reason other than flatcancellation at policy inception for non- payment of premium; or
(b) advancing a retroactive or prior acts date from or previously applied by the Company
the Named Insured shall have the right,subject to the other terms and conditions of this policy,or an endorsement attached thereto, to have an endorsement issued extending the time during which Claims can be reported for an additional premium of:
(i) 100% of the fullannual premium for this policy, to a period of twelve (12) months;
(ii) 150% of the fullannual premium for this policy,to a period of twenty-four (24) months;
(iii) 185% of the fullannual premium for this policy,to a period of thiity-six(36) months; or
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(iv) 225% ofthe fullannual premium forthispolicy,foran unlimitedperiod. following the effectivedate of such cancellation or nonrenewal in which to give written notice to the Company of Claims firstmade against the Insured during this Extended Reporting Period for any act, error,omission or Personal Injury arisingfrom the rendering of or failure to render Professional Services occurring priorto the terminationof the finalPolicy Period, subjectto itsterms, limitations,exclusionsand conditions.This rightshallterminate sixty (60) days afterthe effectivedate of such action as is indicated in subparagraphs (a) or (b) above unless written notice of such election, together with the additional premium, is received by the Company or itsauthorized agent from the Named Insured within that sixty (60) day period.

Subject to the foregoing, in the event that the Named Insured is a partnership or a corporation, and the policy is terminated, the premium calculation stated in i.through iv. above shall not include a charge for any individuallegal professional who qualifiesfor a free Extended Reporting Period under section 2., 3. or 4. following, provided always that the noticeisgiven to the Company as requiredand the other provisionsof these sectionsare fullysatisfied.

2. Retiree Provision: Notwithstanding CONDITION 0.1. above, the Named Insured shall also have the right to have an endorsement issued extending the reporting period for this policy to an unlimited period following the effective date of such cancellation or non-renewal upon his or her retirement from the private practice of law and the payment of additionalpremium forthisoptionwillbe waived if:
(a) the Named Insured
(i) ceases the private practice of law during the Policy Period; (ii) has been continuously insured by the Company for at least three (3) consecutive years;
(iii) ceases the pen‘ormance of alllegal services covered by thispolicy;and (iv) isﬁfty-five(55) years of age or older;
then such Insured has the right,for no extra charge, to elect an Unlimited Non- practicing Extended Claims Reporting Period, to report Claims firstmade against an Insured for any actual or alleged negligent act, error or omission occurring priorto the termination of the Policy Period and otherwise covered by this policy. Such Unlimited Non-practicing Extended Claims Reporting Period must be elected within sixty(60) days of the lnsured‘s retirement or ceasing of the private practice of law. (b) written notice of this election is given to the Company within sixty (60) days aftertermination of this policy;and
(c) allpremiums and deductibles due the Company have been paid in full.

3. Death or Disability of Insured: Notwithstanding CONDITION 0.1. of this policy,ifthe Named Insured designated in the Declaration is an individual and shall cancel or nonrenew thispolicy,the Named Insured shallhave the right,at no cost,to have an endorsement issued extending the reportingperiod for this policyto an unlimited period following the effectivedate of such cancellation or nonrenewal provided that:
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(a) such cancellation or nonrenewal results from the death or disabilityof the Named Insured duringthe Policy Period;
(b) in the event of disability,the Named Insured is totallyand continuously disabled from the practiceof law a minimum of six (6) months priorto the election of thisoption;
(0) satisfactorywritten evidence of death or disabilityis provided to the Company within one (1) year of such death or disability;and
(d) allpremiums and deductibles due the Company have been paid in full.

This rightshallterminate,however, unless writtennoticeof electionisreceived by the Company or itsauthorized agent from the Named Insured or legal representative of Named Insured withinsixty(60)days afterthe effectivedate of such cancellationor nonrenewal.

4. At the commencement of any Extended Reporting Period option, the entire premium thereforeshallbe deemed earned and the Company shallnot be liableto returnto the Named Insured any portion of the premium for the Extended Reporting Period. The cost of any Extended Reporting Period option is based on the rates and rules in effect at the time the policywas issued or lastrenewed.

The fact that the period during which a Claim must be firstmade against the Named Insured under this policy is extended by virtue of any Extended Reporting Period option shall not in any way increase the limitof this policy. The limitof liabilityunder any Extended Reporting Period option shall be part of,and not in addition to,the limit of liabilityavailable under the last policy or renewal certificateissued to the Named Insured.

5. An automatic sixty (60) day Extended Reporting Period Option, effective at the termination of the policy period, willbe provided by the Company at no additional cost unless this insurance is replaced with the same or similar insurance issued by the Company, whether or not the limitsor deductibles are identicalto those provided under thispolicy. This extended reportingperiod option shallonly apply to Claims made during the policyperiodand reportedto the Company withinsixty(60) days of the policy termination. The limitsavailable under this extension shall be part of, and not in addition to, the limitsavailable under the expiring policy period. Coverage provided by this automatic extended reporting period shall be Specific Excess over any replacement policy providingthe same or similarcoverage. This Extended Reporting Period option shall not be available if the policy is cancelled for non- payment of premium effectiveat policy inception.

Any provision in the policy which conflictswith thisextension isamended accordingly.

P. Reimbursement: While the Company has no duty to do so, ifthe Company pays Damages or Claims Expenses:

1. Within the amount of the applicable deductible; or

2. In excess of the applicable limitof liability
alllnsureds shallbe jointlyand severallyliableto the Company for such amounts. Upon written demand, the Insured shall repay such amounts to the Company with thirty(30) days thereof. Failure to pay any amount indicated may lead to policy cancellation. 05 LPLOOO2 05 04 17 Page 13 of 15
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Q. Liberalization Clause:

If the Company adopts any revision that would broaden the coverage under the policy without additional premium at any time during the Policy Period, the broadened coverage willimmediately apply to thispolicy.
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STATE BAR OF CALIFORNIA

LAWYERS PROFESSIONAL LIABILITY INSURANCE PROGRAM
Claims Handling Procedures

An important value of your Lawyers Professional Liabilityinsurance coverage isthe abilityof the insurance company to respond when you have a claim. The State Bar of California Lawyers Professional Liabilitypolicy not only provides an exact description of what is covered and what is not covered, italso sets out your obligations as an Insured and, where appropriate, the obligationsof others involved with you.

The Arch Insurance Company is committed to providing insureds and clientswith responsive claim service. You, as a policyholder,triggerthis service when you report a claim quickly and accurately.

In the event of an incident which may result in a claim, an actual claim, or your receipt of suit papers arising out of your services as a lawyer, please follow the procedures outlined below:

Notices of each incident,claim or suitmust be sent immediately to:

ARCH INSURANCE COMPANY
Attorney's Professional LiabilityClaims
1299 Farnam Street,Suite 500
Omaha, NE 68102
P.O. Box 542033
Omaha, NE 68154
Phone 877 688- ARCH (2724)
FAX 866 266-3630
Email [email protected]
Your claim noticeshould includethe following:
. Your name, address and phone number;
0 A copy of your Policy Declarations — thiswillinclude important information regarding your coverage; 0 The date or period of duration (startdate/finishdate) of the professional service in question and the date you firstbecame aware of the problem or potentialproblem; . A briefdescription of the problem;
. Copies of any letters of demand and any legal papers (i.e.:summons and complaints, notices of arbitration,etc.)which you have received.
0 Itisadvisable to send a photocopy of your cover letterto your insurance agent.

Do not discuss the claim with any adverse party or their representative. Do not admit any liabilityor pay any portion of alleged Damages. Do not attempt to handle the matter yourself.Any one of these actions may void your insurance coverage. (Ifyou waive your fee, or any part of it,in conjunction with a dissatisfiedcustomer and do not admit any liability,the terms of your coverage may not be compromised. Send us a notice of any such incident immediately.)
You willbe contacted by a representative of Arch Insurance Company's Claim Department. This representative, who specializes in the handling and adjusting of lawyers professional liability/ errors and omissions claims, will confirm receipt of the loss notice directlyto you, provide a company claim number for allfuture correspondence, referto legalcounsel ifnecessary and discuss furtherhandling of the matter with you.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NETWORK SECURITY AND PRIVACY LIABILITY EXTENSION ENDORSEMENT This Endorsement modifies insurance provided under the Lawyers Professional Liability Insurance Policy.

Itisagreed that in consideration ofa premium of $0;

1. The Insuring Agreements designated with an X below willbe added to the policy:

Insuring Agreements Sub-Limit of Deductible PriorActs
Liability Exclusion Date
IX C. Data Incident $25k $10,000
Response Expense each Network
Security Breach
each Network Security
Breach or Privacy
Per Policy

or Privacy Violation
Violation
D D. Network Security and $ $
Privacy LiabilityCoverage each Claim each Claim 2. The language forthe InsuringAgreement[s] designated with an X above isset forthbelow and is added to Section I.COVERAGE:

0. DATA INCIDENT RESPONSE EXPENSE
The Company willpay Data Incident Response Expense, in excess of the deductible, incurred by the Insured, directly resulting from a Network Security Breach or Privacy Violation:
a. occurring on or afterthe Prior Acts Exclusion Date;
b. discovered during the Policy Period; and
c. reported to the Company immediately pursuant to the terms of Section 8 of this Endorsement.

NETWORK SECURITY AND PRIVACY LIABILITY
The Company willpay on behalf of an Insured allamounts, in excess of the deductible, that an Insured becomes legallyobligated to pay as Damages and Claim Expenses, because of a Claim that is:
a. firstmade against an Insured during the Policy Period 0r Extended Claims Reporting Period, ifapplicable;
b. for a Network Security Breach or Privacy Violation occurring on or aﬂer the Prior Acts Exclusion Date and priorto the end of the Policy Period; and reported to the Company immediately pursuant to the terms of Section 8 of thisendorsement.

3. Solely with respect to the coverage provided under Insuring Agreement C. of this Endorsement, the following policy provisions of the Lawyers Professional LiabilityInsurance Policy are deleted and willnot apply:
00 LPLO175 00 04 17 Page 1 of9
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A. The paragraph of Section I.COVERAGE that begins, “The Company shallhave the right and duty to defend any suitagainst the Insured seeking Damages".

B. Paragraph 0. EXTENDED REPORTING PERIOD OPTION

4. Solelywith respectto the coverage provided under thisEndorsement, Paragraphs A., B. and C. of Section III.LIMIT OF LIABILITY of the Lawyers Professional LiabilityInsurance Policyare amended as follows:

A. In the event Claim Expenses and Data Incident Response Expenses are included within the limitof liabilityas specifiedin Item 4.a.of the Declarations,the limitof liabilitystatedin the Declarationsas applicableto ”each Claim” isthe limitof the company's liabilityfor all Damages, Claims Expenses and Data Incident Response Expenses because of each Claim covered hereby. Notwithstanding the forgoing, an additional aggregate limitof $50,000 shall be provided solely for payment of Claims Expenses and Data Incident Response Expenses. AII Claims arising from the same or related negligent act, error or omission Personal Injury or Network Security Breach or Privacy Violation shall be considered a single Claim for the purpose of this insurance and shall be subject to the same limitof liability.

B. In the event Claim Expenses and Data Incident Response Expenses are in addition to the limitof liabilityas speciﬁed in Item 4.b.of the Declarations,the limitof liabilitystated inthe Declarations as applicable to “each Claim" is the limit of the Company's liabilityfor Damages resulting from each Claim covered hereby. There shall be a separate limitof liabilityequal to one-half (1/2) of the limitof liabilityfor Damages applicable to Claim Expenses and Data Incident Response Expenses for any such Claim. Such limitfor Claim Expenses and Data Incident Response Expenses shall not exceed $1,000,000 regardlessof the limitof liabilitypurchased forDamages. AllClaims arisingfrom the same or related negligent act, error or omission Personal Injury or Network Security Breach or Privacy Violation shall be considered a single Claim for the purpose of this insurance and shall be subject to the same limitof liability.

In the event that the Claim Expenses and Data Incident Response Expenses limitof liabilityis exhausted, allsubsequently incurred Claim Expenses and Incident Response Expenses willapply to and erode the policy'slimitof liability.

The limitof liabilitystated in the Declarations as “aggregate" is,subject to the above provision respecting “each Claim", the totallimitof the Company's liabilityunder this policyfor allDamages.

A separate “aggregate” limitof liabilityshall apply to all Claims Expenses and Data Incident Response Expenses incurred in the defense of Claims covered by this Policy, subject to the above provision respecting the Company's liabilityfor Claim Expenses and Data Incident Response Expenses for“each Claim”.

C. The Company’s liabilityfor Damages and/or Claim Expenses and Data Incident Response Expenses, as applicable, resulting from “each Claim" is in excess of the deductible amount stated in the Declarations. The deductible amount stated in the Declarations shall upon written demand by the Company, be paid by the Named Insured within 30 days of demand.

1. As a condition precedent to the Company’s liabilityunder this Endorsement, the applicable deductible speciﬁed in Paragraph 1 of this Endorsement willbe paid by the 00 LPL0175 00 04 17 Page 2 of 9
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Insured, be applicable to each Network Security Breach or Privacy Violation under Insuring Agreement C. or each Claim under Insuring Agreement D.

2. The deductible specified in Paragraph 1 of this Endorsement willapply to all Data Incident Response Expense under Insuring Agreement C. and all Damages and Claim Expenses under InsuringAgreement D.

3. In the event more than one Insuring Agreement is triggered by a Network Security Breach, Privacy Violation or Claim, only the single highest deductible specified in Paragraph 1 of this Endorsement willapply.

4. The totaldeductible for allClaims, Network Security Breaches, Privacy Violations, or series of Claims, Network Security Breaches, or Privacy Violations that have a common nexus of facts, circumstances, situations,events, transactions, causes or series of causally connected facts, circumstances, situations,events, transactions or causes. willnot exceed the single highest deductible specified in Paragraph 1 of this Endorsement.

5. The deductible willbe applied firstto Claim Expenses and Data Incident Response Expense with any remainder applied to Damages. The Named Insured willpay the deductible within thirty(30) days of demand by the Company.

5. Solely with respect to the coverage provided under this Endorsement, the following is added to Section III.LIMIT OF LIABILITY ofthe Lawyers ProfessionalLiabilityInsurance Policy:

G. The Company’s Sub-Limit of Liabilityfor Data Incident Response Expense each Network Security Breach or Privacy Violation, is specified in Paragraph 1.0. of this Endorsement.

The Company willnot be obligated to pay any Data Incident Response Expense afterthe Sub-Limit of Liabilityspecified in Paragraph 1.C. of this Endorsement has been exhausted by payment of Data Incident Response Expense. Such Sub-Limit of Liabilitywillbe part of, and not in addition to, the Limit of LiabilityEach Claim specifiedin Item 4.A. of the Declarations, regardless of whether a Claim has been made. The Company does not assume any duty to defend under this Insuring Agreement.

The Company’s Sub-Limit of Liabilityfor Damages and Claim Expenses each Network Security Breach or Privacy Violation Claim is specified in Paragraph 1.D. of this Endorsement, ifpurchased. Such Sub-Limitof Liabilitywillbe partof,and not inadditionto, the Limit of LiabilityEach Claim specified in Item 4.31.of the Declarations.

With regard to InsuringAgreement D, ifthe Sub-Limitof LiabilityspecifiedinParagraph 1.D. of this Endorsement is exhausted priorto settlement orjudgment of any pending Claim, the Company’s obligations under this policy willbe cancelled and the Company willhave the rightto withdraw from the furtherinvestigationor defense of any pending Claim by tendering control of such investigation or defense to the Named Insured, and the Named Insured agrees, as a condition to the issuance of this policy,to accept such tender.

With regard to Insuring Agreement D., the inclusionof more than one Insured in any Claim, or the making of Claims by more than one person or entitywillnot increase the Company’s Sub-Limit of LiabilityEach Claim, Aggregate Sub-Limit of LiabilityPer Policy Period or the deductible. Two or more Claims arising out of a single Network Security Breach or Privacy Violation willbe treated as a single Claim. All such Claims, whenever made, will be considered ﬁrst made during the Policy Period in which the earliest Claim was first reported.
00 LPLO175 00 04 17 Page 3 of9
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6. Solely with respect to the coverage provided under this Endorsement, Paragraph F of Section III.

LIMIT OF LIABILITY of the Lawyers Professional LiabilityInsurance Policy isdeleted and replaced by the following:

F. Ifthis policy and any other policy issued by the Company including any extended claims reporting period coverage afforded by such policy or policies,provides coverage to the same Network Security Breach or Privacy Violation or Claim, the maximum limitof liability under allthe policieswillnot exceed the highest remaining limitof liabilityunder any one policy.

7. Section VII. EXCLUSIONS of the Lawyers Professional LiabilityInsurance Policy willapply to all coverage provided under thisEndorsement and solelywith respectto the coverage provided under thisEndorsement, the followingExclusionisadded:

J. This policy will not pay any Data Incident Response Expense or Claim based upon or arising out of,in whole or in part:

1. any demand, suit or proceeding pending or order, decree or judgment made or initiatedagainst the Insured on or priorto the inceptiondate of thispolicyor any Network Security Breach or Privacy Violation specifiedin such priordemand, suit or proceeding which has a common nexus, fact, circumstance, situation, event, transaction, cause or series of causally connected facts, circumstances, situations, events, transactions or causes underlying or alleged therein; any fact,circumstance or situationthat, before the inception date of this policy,that was the subjectof any noticegiven under any policyof which thispolicyisa renewal or replacement;
any actual or alleged unauthorized or illegalcollection or intentional sharing of Personal Information, including but not limited to the collection of Personal Information using cookies, spyware, or other malicious code, or the failure to provideadequate noticethatPersonal Information isbeing collectedor shared; any bodily injury,sickness, disease, emotional distress, mental anguish or death of any person, or damage to or destruction of any tangible property, including loss of use thereof;
any actual or alleged misappropriation, theft,plagiarism, infringement or violationof any patent, copyright, trademark, trade secret, trade dress, trade name, service mark, service name, titleor slogan; however this exclusion will not apply to a Network Security Breach;
any actual or alleged unsolicited electronic faxes, emails, telephone calls or unsolicited communications, including without limitation,Claims arising out of unsolicited electronic messages, chat room postings, bulletin board postings, newsgroup postings, “pop-up" or “pop-under" Internet advertising or fax-blasting, direct mailing or telemarketing, or Claims involving actual or alleged violationsof any foreign,federal,state or localstatute,regulation or ordinance that addresses, limitsor prohibits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distributionof material or information; however this exclusion willnot apply to a Network Security Breach;
any actual or alleged discrimination,harassment, wrongful termination, unpaid wages (including overtime pay), workers’ compensation benefits, unemployment compensation, disabilitybenefits, improper payroll deductions, improper employee 00 LPLO175 00 04 17 Page 4 of9
242 of 629

10. 11.

12. classification,failureto maintain accurate time records, failureto grant meal and rest periods, or social security benefits,or any other employment practices wrongful act; any actual or alleged discrimination,humiliationor harassment in any form or manner, including,but not limitedto, race, creed, color, religion,ethnic background, national origin,age, handicap, disability,gender, sex, sexual orientationor preference, pregnancy, maritalstatus,retaliation,or any other protectedclass under any federal, state,localor otherlaw;
any actual or alleged price fixing,restraintof trade, monopolization,unfairtrade practices or any violationof the Federal Trade Commission Act or consumer protectionlaws,Sherman Anti-TrustAct,the Clayton Act,or any similarlaw regulating anti-trust,monopoly, price fixing,price discrimination,predatow pricing or restraintof trade activities;
any war, invasion, acts of foreign enemies, hostilitiesor warlike operations (whether war isdeclared or not).strike,lockout, riot,civilwar, rebellion,revolution,insurrection, civilcommotion assuming the proportions of or amounting to an uprising, militaryor usurped power, however, thisexclusion willnot apply to Cyberterrorism; any lnsured’s service at any time as a director,officer,trustee, regent, governor, independent contractor or equivalent executive, or as an employee, of any entityother than an Insured even ifsuch service is with the knowledge and consent, or at the request, of an Insured;
any inaccurate, inadequate or incomplete description of the price of goods, products or services, the authenticityof any goods, products or services, or the failureof any goods or services to conform with any represented qualityor performance;

8. Solely with respect to the coverage provided under this Endorsement, Paragraph 3 of Section VIII.

DEFINITIONS of the Lawyers ProfessionalLiabilityInsurance Policyisdeletedand replaced by the following:
“Claim" means any:

1. written demand or notice for civilmonetary damages or other civilnon monetary relief commenced by the lnsured’s receiptof such demand or notice;

2. civilproceeding, including but not limited to any arbitration proceeding or other alternativedispute resolution (ADR) proceeding, commenced by the service upon the Insured of a complaint, demand for arbitration,or similarpleading;

3. written request to an Insured to tollor waive the statute of limitationsregarding a potentialClaim as described in 1.and 2. above commenced by the Insured’s receipt of such request;

4. a Regulatory Action.

9. Solely with respect to the coverage provided under this Endorsement, the following definitionsare added to SECTION VIII.DEFINITIONS of the Lawyers Professional LiabilityInsurance Policy:
“Computer System” means any computer hardware, electronic mobile device, software or firmware, and components thereof including data stored thereon, that is owned or leased by a Named Insured, and is under the directoperationalcontrolof the Named Insured or any mobile 00 LPLO175 00 04 17 Page 5 of9
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device owned and under the directoperational control of an employee of a Named Insured ifsuch mobile device is used for the benefitof the Named Insured.

Computer System also includes cloud computing and other hosted resources operated by a third party for the purpose of providing hosted computer resources to the Named Insured as provided in a writtencontractbetween the Named Insured and such thirdparty. “Cyberterrorism” means the premeditated use of disruptive activitiesagainst any Computer System by an individualor group of individuals,or the explicitthreat by an individualor group of individuals to use such activities,with the intention to cause harm, further social, idealogical, religious,politicalor similar objectives, or to intimidate any person(s) in furtherance of such objectives.Cyberterrorism does not includeany such activitieswhich are partof or insupport of any militaryaction,war or warlikeoperation.
“Data Incident Response Expense” means reasonable and necessary fees and expenses incurred by an Insured, with the Company’s priorwrittenconsent, for:

1. legal services by an attorney selected by the Company regarding any Network Security Breach or Privacy Violation;

2. computer forensic investigatory services by a third party information security professional selected by the Company to determine the cause of the Network Security Breach and identitiesof those who may have been victims of any Privacy Violation;

3. notifyingindividualswho may have been victims of any Privacy Violation;

4. public relations firm, crisis management firm or law firm sen/ices to mitigate reputational damage resulting from any Network Security Breach or Privacy Violation;

5. creditmonitoring services and identitythefteducation;

6. costs for identitytheftcallcenter services; and

7. costs to restore or recreate electronicdata;
Data Incident Response Expense willexclude any: (i)compensation or overhead of any Insured; (ii)payments made as compensation forany injuryor damages resultingfrom any Network Security Breach or Privacy Violation; or (iii)costs associated with replacing, repairing or improving any network, computer hardware or software. “Denial of Service Attack” means a malicious attack intended by the perpetrator to ovenlvhelm the capacity of the Computer System by sending an excessive volume of electronic data to such Computer System in order to prevent authorized access to such Computer System.
“Network Security Breach" means any:

1. unauthorized access to,or unauthorized use of,a Computer System;

2. transmission of Malicious Code intoor from a Computer System; or

3. Denial of Service Attack.
00 LPLO175 00 04 17 Page 6 of9
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“Malicious Code” means any virus, Trojan, worm or other similar malicious software program, code or script designed to infect,harm, harm data on, or steal data from, a Computer System.
“Personal Information” means any:

1. information for which an individualmay be uniquely and reliablyidentifiedor contacted including without limitationthe individual‘s:
a. name;
b. address;
c. telephone number;
d. social security number;
e. driverslicensenumber or any otherstateidentificationnumber; f. medical or healthcare data, including protected health information;or

9. account numbers.

2. non-public personal information as defined in any Privacy Law. “Privacy Law” means those parts of the following statutes or regulations regulating the use and protection of non-public personal information (as defined in such statutes or regulation):

1. 2.

Health Insurance Portabilityand Accountability Act of 1996 (HIPAA); Gramm-Leach BlileyAct of 1999 (GLBA);
consumer protection and unfair and deceptive trade practice laws enforced by state Attorneys General or the Federal Trade Commission, including but not limited to Section 5(a) of the Federal Trade Commission Act, 15. U.S.C § 45 (a),as amended;
security breach notificationlaws that require notice to individualsof the actual or potential theft of their non-public personal information, including but not limited to the California Security Breach Notiﬁcation Act of 2003 (CA 881386); or
other state,federal or foreign privacy laws for non-public personal information, or a privacy policy limitingthe sale, disclosure or sharing of non-public personal information or providing individualswith the rightto access or correct non-public personal information.
“Privacy Violation” means any:

1. 2.
00 LPLO175 00 04 17
failureto protectPrivate Information while inthe care,custody or controlof an Insured;
violationof a Privacy Law by an Insured; or

Page 7 of 9 ends

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3. violation of an lnsured’s privacy policy with respect to provisions prohibiting any Insured from disclosing Private Information.
“Private Information” means any of the following information that exists in any format and that is in the care, custody and control of any Insured, or in the care, custody and control of a thirdparty on any lnsured’s behalf:

1. Personal Information; or

2. confidential or proprietary business information that is not available to the general public.
“Regulatory Action” means a civiladministrativeor regulatory proceeding commenced by service of a complaint or pleading, civilinvestigativedemand or civil request for information brought or made by a governmental agency or authority that alleges a Privacy Violation. A Regulatory Action will not mean or include any criminal demands, requests or proceedings.

10. Solelywith respectto the coverage provided under InsuringAgreement C, Paragraphs B. and C. of Section IX. CONDITIONS of the Lawyers ProfessionalLiabilityInsurance Policyare deleted and replaced by the following:

A. Notice to the Company
Notices of each Network Security Breach or Privacy Violation must be sent immediately to:

ARCH INSURANCE COMPANY
Attorney'sProfessionalLiabilityClaims
1299 Farnam Street,Suite500
Omaha, NE 68102
PO. Box 542033
Omaha, NE 68154
Phone 877 688-ARCH (2724)
FAX 866 266-3630
Email [email protected]
Your notice of Network Security Breach or Privacy Violation should include the following:

DDECIDE5”
Your name, address and phone number;
A copy of your Policy Declarations — this willinclude important information regarding your coverage;
The date or period of duration of the Network Security Breach or Privacy Violation and the date you firstbecame aware of the problem or potentialproblem; A briefdescription of the problem; and
Copies of any relevant documents.

It is advisable to send a copy of your notice of Network Security Breach or Privacy Violation to your insurance agent.

ASSISTANCE AND COOPERATION OF THE INSURED
00 LPLO175 00 0417 Page 8 of9
246 of 629
All lnsureds willcooperate with the Company, including providing allinformation requested by the Company regarding any Network Security Breach or Privacy Violation, and cooperating fullywith the Company. Upon the Company’s request, alllnsureds willsubmit to examination by a representativeof the Company, under oath ifrequired. The Insured shallnot,except at the lnsured’s own cost,voluntarilymake any payments, admit liability, assume any obligationor incur any expense.

All other terms and conditions of this Policy remain unchanged.

Endorsement Number: 3
PolicyNumber: 11LPL20149501
Named Insured: Kreisberg Law Firm
This endorsement iseffectiveon the inception date of this Policy unless otherwise stated herein:

Endorsement Effective Date: 1/1/2022
00 LPLO175 00 0417 Page 9 of9
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Endorsement #
PRIOR ACTS EXCLUSION ENDORSEMENT J 1
ARCH
Insurance Group
a valswn cfmg ArchCapilllGroup

PolicyNo. Eff.Date of Pol. Exp. Date of Pol. Eff.Date of End. Add’lPrem. Return Prem.

11LPL20149501 1/1/2022 1/1/2023 1/1/2022
The premium for this endorsement is included in the premium shown on the declarations unless a specific amount is shown here.

Named Insured and Mailing Address:

Kreisberg Law Firm
Suite350
1900 5. Norfolk Street
San Mateo, CA 94403
Producer:

Mercer Health & BenefitsInsurance Services LLC
PO Box 310386
Des Moines, IA 50331-0386
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

In consideration of the premium charged, this policy specifically excludes loss resulting from Claims made against any Insured arising from any negligent act, error, omission, or Personal Injury occurringor alleged to have occurred priorto
01/01/2021

This endorsement forms partof thispolicyand any subsequent renewals thereof.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

W%~Date Issued: 11/24/2021
00 LPL 00034 00 05 06
Authorized Representative:

Page 1 of 1 ends

248 of 629
u.s.TREASURY DEPARTMENT’S OFFICEOF FOREIGN
ASSETS CONTROL (“OFAC”)

ADVISORY NOTICETO POLICYHOLDERS
No coverage is provided by this Policyholder Notice nor can itbe 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 directivesissued by OFAC. Please read this Notice carefully.

The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidentialdeclarations of “national emergency". OFAC has identiﬁed and listednumerous:
a Foreign agents;
0 Front organizations;
a Terrorists;
0 Terroristorganizations; and
o Narcotics traffickers;
as “Specially Designated Nationals and Blocked Persons". This listcan be located on the United States Treasury‘s web site— http://www.treas.gov/ofao.

In accordance with OFAC regulations,ifitisdetermined thatyou or any other insured,or any person or entityclaiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identifiedby OFAC, this insurance will be considered a blocked or frozen contract and allprovisions 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 limitationson the premiums and payments also apply. 00 ML0065 00 06 07 Includescopyrightedmaterialof Insurance Services Page 1 of 1 Office,Inc.with itspermission.
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CONTINUING EDUCATION VOUCHER
PolicyNumber 11LPL20149501 EffectiveDate 1/1/2022
Named Insured KreisbergLaw Firm
InsuredAttorney Edward L Kreisberg

IMPORTANT
InsuredAttorney’sStateBar Membership Number
(YOU MUST FILL THIS IN BEFORE SUBMITTING TO THE STATE BAR) I certifythatI am the activemember of The StateBar of Californianamed above, thatI have provided my correctStateBar membership number above, and thatI am currently an insuredunder the Lawyers ProfessionalLiabilityInsurancePolicyissuedby Arch InsuranceCompany describedabove. Ihereby requestthatThe StateBar provide me withtheMinimum ContinuingLegalEducationbeneﬁtscurrentlyprovidedtomembers who have professionalliabilityinsurancewith Arch InsuranceCompany through the StateBar sponsored program administeredby Mercer.

Date: Signature E Mail Address

INSTRUCTIONS FOR REDEEMING THIS VOUCHER

1. Review the informationatthe top of thisform to be sureitiscorrect.BE SURE TO ACCURATELY AND LEGIBLY FILL IN YOUR STATE BAR NUMBER. Ifyou ﬁnd any errors,pleasecontactthe administrator,Mercer, at(800) 339-9122 forassistance.

2. Date and signthe voucher in the spacesprovided above, and make a copy foryour records.

3. Send the completed and signedvoucher to The CaliforniaLawyers Association(CLA), by:
1) By Email: [email protected] or 2) By mail or privatecourierservice:

The CaliforniaLawyers Association
Attention:CLE Vouchers
400 CapitolMall, Suite650
Sacramento, CA 95814

4.You willreceiveyour CLE accesscredentialsdirectlyfrom CLA. Pleaseallow 10 days fordelivery.

5. Informationabout MCLE rulesand your compliance obligationsisavailableon The StateBar website atwww.calbar.ca.gov.
250 of 629
Attached is the above referenced professional liability policy through Arch Insurance Company. Please take a minute to review the policy, which includes the policy form and all applicable endorsements.

Please remember that the application and the statements contained therein become a part of the policy so we advise that a copy of the submission be kept with the attached documents. Should you wish to obtain a copy of the application, please contact our office and we will forward it to you upon request.

If you become aware of a claim or circumstance that could lead to the possibility of a claim, please report in writing to:

Please contact us if you need any assistance with the handling of the claim.

T he policy provides automatic coverage for acts on behalf of the firm for employees joining the firm during the policy period. We do request, however, that our office be notified of any additions of attorneys midterm by completing a NEW LAWYER Supplement. The Supplement will also assist you in applying for prior acts coverage and/or outside covered activities if needed for the new lawyer.

November 29, 2021
Mercer Health & Benefits Insurance Services LLC
P. O. Box 850386
Minneapolis, MN 55485-0386
Phone: 800-343-0132 Fax: 212-948-5442
Kreisberg Law Firm
Suite 350
1900 S. Norfolk Street
San Mateo, CA 94403
Policy Number: 11LPL20149501
Policy Description: Lawyers Professional Liability
Insurance Company: Arch Insurance Company
Effective Date: 01/01/2022
Expiration Date: 01/01/2023
Dear Mr. Kreisberg:

ARCH INSURANCE COMPANY
Attorney's Professional Liability Claims
1299 Farnam Street, Suite 500
Omaha, NE 68102
P. O. Box 542033
Omaha, NE 68154
Phone: 877-688-ARCH (2724)
Fax: 866-266-3630
Email: [email protected]____________________________ CA License #0G39709CA License #0G39709
251 of 629
Page Two
Please refer to Section VIII DEFINIT IONS Successor in Business.

We want to be notified if there are any substantial changes in the Named Insured, including dissolution and other substantial changes in ownership within 90 days of the change.

Please be assured that you can continue to reach us at the same address and telephone numbers and please watch for our new website coming soon to: www.proliability.com/attorney a lifetime of insurance and financial solutions That is our commitment to you – no matter what, we ask you to call us.

T hank you for your continued support. Please feel free to contact us if you have further questions or concerns regarding the coverage at
Sincerely,
Enclosures: Declarations Page; Lawyers’Professional Liability Insurance Policy; Endorsements ...
... _
800-343-0132.

Adam J Bilbrey
Mercer Health & Benefits Insurance Services LLC
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To Create a Subscriber Profileon iawyeﬁnglaw,eem:
e Navigate to iawyerihglaweem
9 Clickthe “CreateNew Profile”button(You willneed your policynumber to create a new profile)
Complete the form and clickthe “Submit” button
You willreceive an email confirming your registration
To Request a Risk
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$3 Log in to lawyeMglamcom
e Clickon the “SubscriptionContent"
tab at the top of the page
«a Clickon the red “Request a Risk
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'9 Read the Risk Management
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EngagementAgreement, click
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~$ Complete the Risk Management
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254 of 629

As partof your policybenefits,and at no additionalcost to you, Arch makes available ”ff” Ag ,,V} 3 hours of riskmanagement advice from the Lawyers forthe Profession® practicegroup “W53 1 E i" E at Hinshaw & Culbertson LLP. Hinshaw’s experienced lawyers willhelp you navigate thorny ethicalissues and mitigatethe riskof expensive malpracticeclaims with practical and effectiveadvice and recommendations.
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257 of 629

RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, APPROVING AND RATIFYING THE SECOND AMENDMENT TO AN

AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND KREISBERG LAW

FIRM LLP FOR LEGAL SERVICES IN THE SPECIALIZED AREA OF LABOR LAW TO EXTEND THE TERM OF THE AGREEMENT FROM JANUARY 1, 2022 – DECEMBER 31, 2022
WHEREAS, the City of National City (“City”) engages outside legal support for specialized areas; and

WHEREAS, on March 1, 2021, the City executed an agreement with Kreisberg Law Firm LLP to provide the City Manager a full range of legal services related to labor negotiations and relations; and

WHEREAS, on June 15, 2021, the City Council approved the first amendment to the agreement, which increased the compensation amount not to exceed the amount of $150,000 and extended the term of the agreement to include two, one -year extensions available through December 2023, allowing Kreisberg Law Firm to continue to represent the City during n egotiations, including any necessary special studies, and on a retainer basis after negotiations are completed; and

WHEREAS, the second amendment exercises the first of the two, one-year extensions available through December 202 2 and authorizes the City M anager to sign future amendments to the agreement under the current terms; and

WHEREAS, City staff recommends City Council approve and ratify the second amendment to an agreement between the City of National City and Kreisberg Law Firm LLP for legal services in the specialized area of labor law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, A ND ORDER AS FOLLOWS:

Section 1: Approves and ratifies the second amendment to the agreement between the City of National City and Kreisberg Law Firm LLP for legal services in the specialized area of labor law to extend the term of the Agreement fro m January 1, 2022 – December 31, 2022.

Section 2: Authorizes the City Manager to execute future amendments to the agreement under the current terms.

258 of 629

Resolution No. 2022 –
Page Two

Section 3: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution.

PASSED and ADOPTED this 1st day of February, 2022.

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney

259 of 629

The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California approving the settlement between Madison Blaylock et al. v. the City of National City. (City Attorney) Please scroll down to view the backup material.
260 of 629

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

Liability Cost Fund No. 627-405-081-432-0000

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
_____________
________________

2/1/2022

Resolution of the City Council of the City of National City, California approving the settlement in the litigation titled “Madison Blaylock v. the City of National City.”

City Attorney

On June 2, 2021, Plaintiff Madison Blaylock filed a lawsuit against the City of National City for negligence.

San Diego Superior Court Case No.: 37-2021-00024099-CU-PA-CTL (“Litigation”).

In Closed Session on January 18, 2022, City Council authorized a $54,000 settlement.

Charles E. Bell, Jr., City Attorney

• Resolution
This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2).

FINAL ADOPTION:

APPROVED: ________________ MIS

Adopt Resolution approving the settlement in the litigation titled “Madison Blaylock v. the City of National City.”

Ext. 4222

261 of 629

RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, APPROVING THE SETTLEMENT AGREEMENT BETWEEN MADISON

BLAYLOCK AND THE CITY OF NATIONAL CITY

WHEREAS, on June 2, 2021 , Plaintiff Madison Blaylock (“Plaintiff”) filed a lawsuit against the City of National City (“City”) regarding personal injuries arising from a motor vehicle accident.

WHEREAS, Plaintiff brought the suit in the Superior Court of California, San Diego County; and

WHEREAS, the suit is titled Madison Blaylock v. City of National City, San Diego County Superior Court Case No.: 37-2021-00024099-CU-PA-CTL (“Litigation”); and WHEREAS, in Closed Session on January 18, 2022, the City Council, by the following votes: Yeas, 5; Nays, 0 ; Absent, 0; authorized settlement on the Litigation for $54,000.00 and according to such other terms more fully outlined in the Settlement Agreement; and

WHEREAS, o n January 21, 2022, Plaintiffs executed a Settlement Agreement agreeing to resolve the Litigation.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Approves the Settlement Agreement and authorizes the Administrative Services Director to pay the sum of fifty four thousand ($54 ,000.00) from the Liabil ity Cost Fund No. 627-405-081-032-0000, in settlement of each and every claim for damages, interest, costs, and fees of any type against City of National City, its agents and employees, arising from the Litigation filed by Plaintiff.

Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution.

PASSED and ADOPTED this 1st day of February, 2022.

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
262 of 629

The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California approving the settlement between Mario Toledo Bedolla et al. v. the City of National City. (City Attorney) Please scroll down to view the backup material.
263 of 629

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
_____________
________________

2/1/2022

Resolution of the City Council of the City of National City, California approving the settlement in the litigation titled, Mario Toledo Bedolla v. the City of National City.

City Attorney

On October 16, 2019, Plaintiff Mario Toledo Bedolla filed a lawsuit against the City of National City for a slip and fall incident that occurred at a City facility . San Diego Superior Court Case No.: 37 -2019- 00054733-CU-PO-CTL (“Litigation”).

In Closed Session on January 18, 2022, City Council authorized a $51,900 settlement.

Charles E. Bell, Jr., City Attorney

• Resolution
This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2).

FINAL ADOPTION:

APPROVED: ________________ MIS

Liability Cost Fund No. 627-405-081-432-0000

Adopt Resolution approving the settlement in the litigation titled, Mario Toledo Bedolla v. the City of National City.

Ext. 4222

264 of 629

RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, APPROVING THE SETTLEMENT AGREEMENT IN THE LITIGATION

TITLED MARIO TOLEDO BEDOLLA AND THE CITY OF NATIONAL CITY

WHEREAS, on October 16 , 2019, Plaintiffs Mario Bedolla (“Plaintiff”) filed a lawsuit against the City of National City (“City”) regarding a personal injury claim arising from an alleged dangerous condition on public property; and

WHEREAS, Plaintiff brought the suit in the Superior Court of Californ ia, San Diego County; and

WHEREAS, the suit is titled Mario Bedolla v. City of National City, San Diego County Superior Court Case No.: 37-2019-00054733-CU-PO-CTL (“Litigation”); and WHEREAS, in Closed Session on January 18, 2022, the City Council, by the following votes: Yeas, 5; Nays, 0 ; Absent, 0; authorized settlement on the Litigation for $51,900.00 and according to such other terms more fully outlined in the Settlement Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Approves the Settlement Agreement and authorizes the Administrative Services Director to pay the sum of fifty one thousand nine hundred ($51,900.00) from the Liability Cost Fund No. 627-405-081-032-0000, in settlement of each and every claim for damages, interest, costs, and fees of any type against City of National City, its agents and employees, arising from the Litigation filed by Plaintiffs.

Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution.

PASSED and ADOPTED this 1st day of February, 2022.

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
265 of 629

The following page(s) contain the backup material for Agenda Item: Temporary Use Permit – Circus Vargas event sponsored by Circus Vargas from February 4, 2022 to February 14, 2022 at the Westfield Plaza Bonita Mall with no waiver of fees. (Community Development) Please scroll down to view the backup material.
266 of 629

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: February 1, 2022 AGENDA ITEM NO.

ITEM TITLE:

Temporary Use Permit — Circus Vargas event sponsored by Circus Vargas from February 4, 2022 to February 14, 2022 at the Westfield Plaza Bonita Mall with no waiver of fees.

PREPARED BY: DionisiaTrejo DEPARTMENT: Com 1y D velopment Department PHONE: (519)336-4255; APPROVED BY:

EXPLANATION:

This is a request from Circus Vargas to conduct the Circus Vargas event at Westfield Plaza Bonita Mall from February 4, 2022 to February 14, 2022. Set up forthisevent willcommence at 9:00 am. February 2, 2022 on the west side parking lotof Plaza Bonita Mall. The show times willvary on dates from 12:30 p.m., 1 p.m.,4:00 p.m.,7:00 p.m.,and 7:30 pm. Each show lastsapproximately1 ‘/2hours.

This is a completely self—contained event in a traditionalbig top circus with concessions. There are no performing animals, no rides,no games, no outside vendors and no alcohol.Vehicles are used for transportationof operations.There willbe eight internalSecurity Guards and sufficientparking is available at the mall. Food willbe prepared on-site in a trailer.Clean-up willbe performed aftereach show.

This event willend with itslastshow on February 14th at 6:30 pm and willbegin breakdown afterthe show. This event was approved by Council in2019 with no waiver of fees.

FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT N0. APPROVED: MlS
Cityfee of $272.00 forprocessing the TUP and $791 .00 forthe FireDepartment.

Totalfees:$1,063.00
ENVIRONMENTAL REVIEW:

N/A
ORDINANCE: INTRODUCTION: FINAL ADOPTION:

STAFF RECOMMENDATION:

Approve the applicationfor a Temporary Use Permit subject to compliance with allconditions of approval with no waiver of fees.

BOARD! COMMISSION RECOMMENDATION:

N/A

ATTACHMENTS:

Application for a Temporary Use Permit with recommended approvals and conditions of approval. 267 of 629

Cityof NationalCityI Nelghborhood ServicesDepartment
1243 NationalCityBoulevardI NationalCity,CA 91950
(619)3364364 I fax(619)3364217
NEEE. 7‘ ‘ . GL1? www.nationalcﬂyca.gov

‘Type of Event
Fair/Festival EParade/March Walk or Run jConcert/Performance Z'TUP l: SpomngEvent1: Other(speclfy)
Event Name'& Location
Event TitleCircusVargas

Event Locatlon (listallsitesbeln requested)Plaza BonitaMall,8030 Bonltard.NatlonalCity

gg’i-eu2%glg%22 Time9 am DayofWe ek Wednesday
Ezigtogltgrlt/SzozzTime7:3“’3'" DayofWeekfrlday
5:3)52052022 Time6330Pm Day“Week Monday
ggizgdong/Eggzs Time3pm D ayofWe ek tuesday
Applicant Information
KatyaArata—Qwroga SponsorlhgOrganization .—v.

Tabares EntertainmentInc.

Applicant(Your name)
Event Coordinator(ifdifferentfrom applicant)
7545 IrvineCenterdrlvesulte200 IrvineCa 92618

MailingAddress

Day Phone 702—466-4873 AfterHours Phone 702-466-4873 Cell7024664873 Fax PublicInformationPhone 8774683861 E-mail [email protected]

Applicantagrees to lnvestlgata.defend,Indemnlfyand hold harmlass the City.Itsofﬁcers,employees and agents fromand againstany and allless,damage. liability.clalms,demands, detriments,costs,charges,expense (including attorney'sfees)and causes oiactionofany characterwhlch the City,Itsofﬁcers.employees and agents may incur, sustalnor be subjectadtoon accountoflossor damage to propenyor thelossofuse thereofand forbodilyInjury to or death of any persons(includlngbut not limitedto the employees,subcontractors,agents and lnvlteesof each partyhereto)arlslngoutoforlnany way connectedtotheoccupancy,enjoymentand use ofany Citypremises underthisagreementtotheextentpermlttedby law.

AppllcantunderstandsthisTUPIspecIalevent may lmplicatefeesforCityservices.which wIIIhave to be paidInthe City'sFinance Department 48 hoursprloriotheeventset-up.The undersignedalsounderstandsand acceptsthe City’srefundpolicyforapplicationprocessingand facilityuse and thatfeesand chargesareadjustedannuailyand are subjectto change.

Date01/12/2021SignatureofApplicant: 1/ _ ,
268 of 629
Special Event Application(continued)
*TF’I
.g'r'm
EeeslProceedisepOrtiﬁg ,
Isyour organizationa “Tax Exempt, nonprofit"organlzation? Yes[:l No-

Are admission, entry,vendor or partlclpantfees required? Yes I No L] IfYES, pleaseexplainthe purpose and provldeamount (5):

CircusPerformances withconcessions.

No ridesor games of chance

$_EstimatedGross Recelpts includingticket,product and sponsorship sales from thisevent. $ 40.000
$ What isthe projectedamount of revenue thatthe NonprofitOrganlzationwillreceive as a resultof thisevent?
EstimatedExpenses forthisevent.

Description of Event
El Firsttimeevent ReturningEvent includesitemap withapplication Note thatthlsdescrlptionmay be publishedinour CityPublicSpecialEvents Calendar:

ClrcusVargas isa famllyevent withclrcusperformances, presentinga new show Ithad scheduled and

Estimated Atten dance
Antlclpated#ofParticipants:"’3 Anticipated#ofSpectators:50°perperf°rmance 269 of 629
TrafficControl, Security, FirstAid and Accessibility
Requesting to close stroet(s)to vehiculartraffic?Yoslj No Llstany streetsrequlrlngclosureas a resultoftheevent(providemap):

Date and timeof streetclosure: Date and timeofstreetreopening:

Bother (explain)
Requesting to post "no parking" notices? Yes D NolZl
[:IRequested “No Parklng"on cltystreetsand/orparkinglots(liststreets/parklnglots)(providemap):

mother (explaln)
Security and Crowd Control
Dependingon thenumber ofparticipants.ydureventmay requirePonce services.

Please describeyourproceduresforboth Crowd Controland InternalSecurity:CircusVargas '5 selfcontalnedwithIt'sown securetypersonal.also4 staffmembers have crowd controlcertiﬁcates

Have you hiredProfesslona!Securityto handlesecurityarrangements forthisevent?

Yes] I No (I IfYES. name and addressofSecurityOrganization

SecurityDirector(Name): Phone:

Isthisa nightevent? Yele NOD IfYES, pleasestatehow the eventand surroundingarea wlll be Illuminatedtoensuresafetyoftheparticlpantsand spectators:

ClrcusVargas IsIntheparklnglotofPlazaBonltawhere thereisplentyofitlumlnatton,ClrcusVargas als

270 of 629
Dspandlng on the number ofpartlcipants,ourevent may requlrespecificFIrstAIdservices. rstaid statlontobestaffedbyeventstaff?YesiNoD Firstaid/CPRcertlﬂed?Yes. No |:|Firstaldstationtobe staffedby professionalcompany. > Company

Accessibilit
PleasedescribeyourAccesslbllityPlanforaccessatyoureventby individualswithdisabilities:

Allentrancesand pathsofegressare ADA compatible,as wellas theconcessionstandsand seatinga

Parkingspaces near the tentare alsoADA compatiblble

Elements of our Event
Settingup a stage? Yeslj No-
RequeslingCity'sPA system

RequestlngCityStage;Hyes,whichsize?D Dimensions(13x28) Dimensions.(20x28)

:1 Applicantprovidingown stage b (Dimensions)
Setting up canopies or tents?
# ofcanoples slze
1 9 11.000squ.# oftents 512
CM canopiesltentsbeingsetup
271 of 629
Settlngup tablesand chalrs?
D Furnishedby AppllcantorContractor
itoftables No tablesbeingsetup
itofchairs No chairsbeingsetup
Z
Z
B(For CltyUse Only)Sponsored Events— Does notapplytoco~sponscredevents # oftables ,:| No tablesbelngsetup
# ofchairs :I No chalrsbeingsetup
ContractorName
ContractorContactInformation
Address ‘ Clkylstate Phone Number
Settingup other equipment?
|:] SportingEquipment (explain)

Z] Other (explain)sound and lightingforshow. llcontainedwlthlnthe tent

D Notsettingup any equipmentlistedabove atevent
Having ampllfledsound andlor music? Yes. NOD
PA System forannouncements JCD playeror DJ music
B LiveMusic > DSmall4-5 pieceliveband > El Large 6+ pieceliveband

Other(explain)recordedmusk;

Ifusinglivemusic ora DJ. > ContractorName
} Address OItyIState Phone Number
272 of 629
Using lightingequipment atyour event? Yes. MOD
'2' Bringinginown lightingequipment
E‘ Using professionallightingcompany > Company Name

Address Clty/State Phone Number
Using electrlcalpower? Yes. No|:| D UsingKimballParkBowl Lighting(from to )
:lUsing on—siteelectrlcltyD For sound andlorlighting D Forfoodand/orrefrigeratlon .Brlnglng [ngenerator(s) For sound andlorlightlng For food and/orrefrigeration Vendorlnformation ‘
PLEASE NOTE: quu may be réquiredmapply for”a temporai'yhea‘lthpermitmood or‘b'everéges a'rgsold of giver]awaydurlng your speclalevent _Also_see'_'Rermits“ajndComp'llance’on page 8' .

Inthe SpecialEvent G'ulde.Foradditl'ohalinférmaﬂon’oriobtalnlnga temporary healthpermit, -I pleasecontactthe County of San Dlego'EnvironmentalHealth at(6.19.)333-2363.-:= -- ‘ " :

Having food and non-alcoholicbeverages at your event? Yes No / D Vendors preparingfood on-siteb» # > Business License# Ifyes.pleasedescribehow foodwillbe sewed andlorprepared:

f ou IntendtocookfoodIntheeventarear3|§ases eclfythemethod:

GAS FLECTRIC DCHARCOAL OTHER (Specify):

leendors brlnglngpre-packagedfood > # > Business License# |:| Vendorsbringingloomed.non—alcoholicbeverages(i.e.,bottledwater.can soda,etc.)> # jVendors sellingfood#4 b BuslnessLicense#(s)
:| Vendors sellingmerchandise# 2 > Business License#(s)

Z] Food/beveragestobe handled by organization;no outsidevendors Vendors selllngsemlces # > BusinessLicense#(s)
> Explainservices

DVendors passingoutInformationonly(nobusinesslicenseneeded)# > Explaintype(s)ofinformatlon
E] No sellingorInformatlonalvendors atevent
273 of 629

Having children activities?Yes MOM
PLEASE NOTE; In Ihe evenIInfleIabIeJumpsare providedattheevent.The CityofNaIIonaICity bIIIIyI ‘IimII a_IIlee_sI$_1M I. peroccurrencel$2MlIIIon5 E 8;?Ior"approvalpIIé'IIoIhe‘
._atI e'sIohe week 'piriortoIheévent Forquestionsor”Io"o [: Inflatablebouncerhouse# DRock climbingwallHeight
|: Inﬂatablebouncer slide# ____.__..a |: Arts& crafts(I.e.,craftmaking,facepainting.etc.) [:ICarnlvalRldes Bother
Having ﬁreworks or aerlaldisplay? Yeslj Nol:

D Vendor name and licenseIII
Dimenelons DureIIon
Number ofshells Max. size
PLEASE NOTE Inthe evenIfIneW‘ksor.anotheraerIaldisplayIsplanned for''our event The City"of NationaICIIyrequirescbmmerg IIabIIIIyInsurancewithIImiIsofatleast$2 II|I_on_dollarsper- docurrencel$4 Milliondollarsaggregate:InaddIIIorI,theClIyoI Na'IIon'alCity.must be named _a_san AddltlonalInsuredpursuantI05 separateendorsement,which shaIIhe proyldedby the.venIIor.pr.its- InstirerIoIheCIty‘sRISKMahagér JohgWiththeCertificaIeof Insurance,f0 ap‘ptd'valpriortoIh'e- _'eve_nI.Depehding'oh thesizeand/ornatureofIhefireworkspIIspIa‘yI.IheCityreservesthe IIghIIo_. I, requesthlghér.liabllitylimiIs;The‘vendormust algaeobIalnallﬁreworkspermitfror'n'IIhe Nafio'nalCity.Flre - Departmentand IhecosI'Is$54500 ' - " - ~ I . . . .. . . .

ArrangingIormedia ccverage?Yes..Nolj

.Yes, butmedia wiIInotrequirespecialseI-up
DYas, media willrequirespecialset-up.Describe
274 of 629
Event Signage
PLEASE NOTE: For Citysponsdred or'co-spons'ored_events banners p'ubllcizin’gtheeventFhéy'lie' placeddn.thé existingpolesoh the‘1800 blockand 3100 blockofNatl _City-Bo'ulev‘a,. must be made totheClty‘sepecltiéatlonePlease I'eferto theIcltys' ' ' Schedule foradditionalinfdrm‘atlon.” ‘ ‘ ‘ , ..

Are you planningtohave signageatyourevent? Yes No El
tes, we willpostsignage# Dimensions
3 Yea, havinginﬂatablesignage# > (completeInﬂatableSignage Request form) ZlYes, we willhave banners# 4 banners
CircusVargas, see itnow :l What willsigns/bannerssay?
zlptiesand on vehlcla 2' How willslgns/bannerebe anchoredormounted? on Mallproperty
ZI(Locatlon ofbanners/signageo
Waste Management
PLEASE NOTE: One toiletforevery 250people isrequiredunlessthe applicantcan show thatthere”‘ 'aresufﬁciemfacilitlesIntheimmediateareaavailabletothepublicdurlngtheevent ' Are you planningtoprovideportablerestroomsattheevent? Yes..Nol:

Ifyes,pleaseidentlfythefollowing:
> Totalnumber ofportabletoilets:10
> Totalnumber ofADA accessibleportabletoilets:2
i Contractingwithportabletoiletvendor. b- UnltedSlteservlces

Company Phone
b Load-inDay& Time02/03/2022 > Load-outDay& Time02/15/2022

/ Portabletoiletstobeserviced.IvTlme9 am dal‘)’
Set-up, Breakdown; Clean-up
Settingup the day beforetheevent?

.Yes, willsetup theday beforethe event. Dr# ofset—upday(s) 2 EN0. sat-upwllloccurontheeventday
Requesting vehicleaccess onto the turf?

Yes. requestingaccess ontoturfforsetup and breakdown (completeattachedVehicleAccess — Request form)
I/ No, vehicleswillload/unloadfrom nearby streetor parkinglot. 275 of 629
NPDES-Litter Fence
Deity toInstalllitterfence
:lApplicant to Installlitterfence
/ N/A
Breaking down sst-up the day afterthe event?

'2 Yes, breakdown willbe theday afterthe event. b # ofbreakdown day(s) 1 I: No, breakdown wIlIoccuron theeventday,
How are you handling clean-up?
C UsingCitycrews
I: Usingvolunteerclean-upcrewduringand aftérevent.
'2 Using professionalcleaningcompany duringand afterevent.

Miscellaneous
Pleaselistanythingimportantaboutyour eventnotalreadyasked on thlsapplicaﬁon:

ClrcusVargas had thelrevent planned and paidforInMarch of2020. then Covld caused a lockc

we now ask to return,and requestan expedited citycouncllhearingor a waiver Ifpossible.than!

Please make a copy of thisapplicationforyour records.

We do not provide copies.
276 of 629
SpecialEvents IPre—Event Storm Water Compliance

Checklist
l. SpecialEvent Information
NameofSpecialEvent:CircusVargas
EventAddress:3030 Bonitard ExpectedllofAttendees:500
EventH m. an KatyaArala-Qulroga hone : 702—466-4873
II.Storm Water Best Management Practices(BMPs) Review

YES NO
Wlllenough trashcans providedforthe event?
Provldenumber oftrashblns:12
l._
wlllenough recyclingblnsprovidedforthe event? '—
Prnvldenumber of recyclubins:6

Do allstorm dralnshave screensto temporarllyprotecttrashand debris from enterlng?
Willallportabletoiletshave secondary contalnment trays?(exceptions |— forADA compllantportabletoilets)

T __
Are splllcleanup kltsreadllyavallableat designatedspots? J l

* A Post-EventStorm Water ComplianceChecklistwill”becompletedby CityStaff‘ 10 277 of 629
Cityof NationalCity
31151[‘gEagpggm uggHOLDHA'BMLESSANDINDEMNrFIcaTlguAGREEMEMT- ' Personsrequestinguse ofCitypropel'tyhfacilitie's.orpersonnelarerequiredto providea minimum of$1,000,000combih'edsinglelimitinsuranceforbodilyinjuryand propertydamage whichincludestheCity,itspfﬂcials,agentsand emplgyees named as,additionalinsuredand tosign'theHold'Harn‘ﬂesLsAgreement.Certiﬁcateofinsurancemust be attachedtothispermit.The insurancecompany issuingthe insurancepolicymust have a A.M. Besst's'GuideRatingofAMI and thatthe insurancecompany isa Californiaadmittedcompany; ifnot,thentheinsurance policytotheissuancegfIthepermltfortheevent.The'CertfﬁcateHoldermust reﬂect:

City'orNatimglthyRiskManagementpepartment
1243 N‘EitIQhalCityBoulevard
NationalCity",6/391950
Organization:TabaregEntertafnmentInc.

PersonInChargeofActivity:KatyaArata'Qu'roga
7545 IrvineCenterdrivesulte200 IrvneCA 92618

Add ress:

D - - 73 4.7 2 486 48 DaLeis) of USEOZIOZIZOQZTélep'hone.

HOLQ HARML§§S AQREEMENT

As a conditionofthe issuanceofa temporary use permittoconduct itsactivitieson publicorprivateproperty,theundersignedherebyagree(s)todefend,indemnifyand ,holdharmlesstheCityofNationalCityand theParkingAuthorityand itsofﬁcers,employees and agentsfrom and againstany and allclaims,demands, co§ts,'losses, liabilityor,forany personalinjury,deathor propertydamage, or both,or any litigationand otherliability,includingattorney’sfeesand thecostsoflitigatiqn,arisingoutoforrelatedtotheuse ofpublicpropertyortheactivitytakenunder thepermitby the .mpgrihlttggor__itsaggnt$,__ém_pigy§esorcopyractors. '._ -¢-.—..T...«_«__< ,_.._...__,.,_H _.. . m. ..

SignatureofApplicant: /
EVP. Owner
OfficialTitle: ' Date:”1’03””

amp»,— :9...“,4.

Certiﬁcateof InsuranceApproved Date
11 278 of 629

NationalCity@ Westfieﬂd PﬂazaBonita
mamPLAZAEDNITA

Location Requested Dates Event Management Contacts
Information

Ronnie Warmuth
[email protected]
3030 Plaza Burma Road, Suite#2075,
National City,CA 91950 / USA

{an31“toEl;14"“,2022
4 SetUp Dayé

Nelson Qulrgga (Owner) 702-513-9767
NgtabaresQCircusvargas.com
KatyaQuiroga(Owner) 702-466-4873
kgtabarechircusvargascom

Day Date ScheduleNotation Showtimes
Monday Jan 31“ Mil enter property at 1:00 a.m.‘ No Performance Tuesday Feb 1", SetupDav' No Performance
Wednesday Feb 2““- SetupDav' No Performance
Thursday Feb3'? SetupDav' Nu Performance

Tuesday Feb8'“;

Tall};Terféi‘ﬁl’a’nce

Ttégsdav‘Eek#5.")

—_ _Circuswillvacatepropertybefore4:00
>p.m.‘
Cleanup crew willfinishcleaningthe lot
around 3:00 p.m.‘
Allrented equipment, eg., restrooms,
fencingand dumpster, willbe pickedup
before3:00 pm.

N}:Performance

Tabares Entertainment,Inc.7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: Ngtabaresﬂcircusvargascom Katya Quiroga ~ Phone: 702466-4873 E-Mail:
12 kutabares@circusvar°as.com

279 of 629
CircusVargas 2022 Advance Permit Event Packet
NationalCity@ WestfieldPiazaBonita
~‘a‘ m‘Cll‘cu’!VargaslPlazaEumxa Varvlcwme pun 1'" _I ‘.4; ,

Tabares Entertainment,Inc. 7455 Arroyo Crossing Pkwy. Suite220 Las Vegas, NV 89113 Nelson R Quiroga ~ Phone: 702-513-9767 EvMail:NatabaresQCircusvarg35mm KatyaQuiroga— Phone: 702-466—4873 E-MaH: kgzabares@circusvaraascom 13 280 of 629

Circus Vargas 2022 Advance Permit Event Packet
NationalCity@ WestfieldPlazaBonita
2022 DetailSitePlan

Tabares Entertainment,Inc 7455 Arroyo CrossingPkwy. Suite220 LasVegas] NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Maik Ngtabaras’i‘Circusvarzaslcom Katya Quiroga — Phone: 702-466-4873 E-Mail:katabares/acircusvarzamom

14 281 of 629
CircusVa rgas 2022 Advance Permit Event Packet
NationalCity@ WestfieidPlazaBonita
Actualaerialphoto of 2020 event setug
Tabares Entertainment,Inc. 7455 Arroyo CrossingPkwy. Suite220 LasVegas, NV 89113 Neison R Quiroga - Phone: 702-513-9767 E-Mail:NatabaresﬂCircusvarvamom——‘—:___ Katya Quiroga —-Phone: 702-466—4873 E-Mail:kctabaresﬂcircusvaraas.com% 15 282 of 629

National City@ Westﬁeid Plaza Bonita
CircusVargas Big Top
Tabares Entertainment,Inc‘7455 Arroyo CrossingPkwy. Suite220 Las Vegas, NV 89113 Nelson R Quiroga - Phone1702-513-9767 E-Mail:Ngtabaresﬁcircusvarﬂ:as‘com Katya Quiroga — Phone: 702-466-4873 E—Mail:katabaresrﬂcircusvargasmrr l6
283 of 629
CircusVargas 2022 Advance Permit Event Packet
NationalCity@ WestfieldPlazaBonita
Show information

LENGTH OF SHOW: Approximately one hour and forty—fiveminutes EXPECTED A1TENDANCE:300-—500 per show
AV£RAGE VEHICLE CAPACITY PER SHOW: 125 vehicles(basedon 500 people) SEATING CAPACITY OF TENT: 998
a NO GAME OF CHANCE

I NO MECHANICAL RIDES
0 NO PERFORMING ANIMALS
- NO PYRO OR OPEN FLAME USED DURING THE SHOW
. NO ALCOHOL SOLD 0R SERVED
0 NO OUTSIDE CONTRACTED VENDORS
Circus management provides in-house securityguards. Management carriesradios and cell phones incase ofa 911 emergency.

Circus Vargas is completely self—contained.The show has a two—generator system with an emergency batterybackup. Ifthe main generator shuts down, the backup generatorwillbe turned on, but allemergency lightingwillremain running viathe batterybackup system.

A source of water isusuallyprovided to the circusby the venue on which the circusconducts business;ifnot,the circuswillrenta water meter from the city.

CircusVargas rentsrestrooms from localsanitationcompanies.

CircusVargas crew willperform dailycleanups to keep the circusarea cleanofany trash.

CircusVargas rentsa dumpster foralltrashproduced by the circusactivities.

CircusVargas isa familyshow and attractsprimarilyfamilies;in-housesecurityisnormally sufficientto provide appropriate crowd control. The security personnel use radios to communicate with each other and can use cellphones to contactlocallaw enforcement ifthe need exists.

Tabares Entertainment, Inc.7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga ~ Phone: 702513-9767 E-Mail:[email protected] Katya Quiroga— Phone: 702—466-4873 E~Mail:kgtabaresQcircusvargas.com l7
284 of 629

CircusVargas 202 Advance Permit Event Packet
National City@ Westfield Plaza Bonita
CircusVargas takesthe safetyof itspatronsas wellas itsperformersveryseriously.

Itisin the best interestof our production to ensure the safety of everyone who entersthe BigTop.

CircusVargas willadhere to allpubliccapacitiessetforthby Covid—19regulations.

Use of face coverings ismandatory throughout the circusgrounds, unless actively eatingand/or drinkingat a designatedarea.

Performers activelyperforming inthe ringwillbe fullyvaccinated and keep a minimum distance of 6ftfrom allpatrons seeing the show.

There willbe a minimum ofone hour between events to allow ample time for disinfectingseatingarea and omit the crossingof attendeesfrom previous performances.

Assignedseatingof at least6 feetbetween people from differenthouseholds for those patrons who do not provide proof of vaccination.Allpatron with proof of vaccinationwillbe ina differentseatingarea.

Seatingwillbe modiﬁed on our ticketingsystem to allowforsocialdistancing.

Information regarding CircusVargas Covid-19 protocol forattendees willplaced on our website and our ticketingsystem statingRequirements setforthby Local and StateCDC Guidelines.

Capacitylevelswillbe controllednot only through our ticketingsystem, but we alsohave staffatthe entrance with a clicker.

CircusVargas willhave visualaids to directthe public as to path of flow, hand wash stationsand have hand sanitizerreadilyavailablethroughout.

Allpersonnel are required to wear face masks when the public is present and duringworking.
hours when socialdistancingisnot possible.

Tabares Entertainment]inc. 7455 Arroyo Crossing Pkwy. Suite 220 LasVegas, NV 89113 Nelson R Quiroga- Phone: 7026138767 Email: NgtabaresBCircusvargascom Katya Quiroga — Phone: 702-466-4873 E-Mail: kgtabaresfacircusvargascom 18 285 of 629

NationalCity@ WestfieldPlazaBonita
Allpersonneltravelingwith the show are encouraged to be fullyvaccinated.For individualswho are notfullyvaccinatedwillbe requiredto testevery7days.

Hand wash stationsareavailableforpublicuse inthe midway area.

Hand Sanitizerisreadilyavaiiableforpublicuse throughout the BigTop.

Added ventilationinsidethe BigTop, publicareasand inthe seatingareas.

Area for food consumption with socialdistancingwillbe provided and proper signage inplace.

Tahares Entertainment,Inc.7455 Arroyo Crossing Pkwy. Suite220 Las Vegas, NV 89113 Neison R Quiroga - Phone: 702-513-9767 E-Mail:NatabaresQCircusvargas.com Katya Quiroga — Phone: 702-466-4873 E-Mail:kgtabaresﬁJcircusvargasxom 19 286 of 629
J
CircusVargas 2022 Advance Permit Event Packet
National City@ Westfield Plaza Bonita
CircusVargas: Cleanup 8:RecyclingPlan
CircusVargas does not hireor contract with outside vendors or temporary workers. Allstaffing willbe with workers that travelwith the show. The staffistrainedon current proper sanitary and cleanup procedures.There isa staffof twenty-ﬁve people,and while some staffmembers are working throughout the day, allof them are presentfrom one hour before the firstshow of the day untilafterthe lastshow [asapplicable]isover and cleanup iscompleted.

Sincethe natureof a circuslimitsthe areasin which the publiccan access,the majorityof the cleanupwillbe ina limitedarea.Plus,therearea vew limitednumber offood itemssold.

Staff continuously cleans up the entrance area throughout the time the show is open to the public,so trash does not remain on the ground. Trash iscleaned up insidethe tent after each performance; and once each day, trash will be picked up in the parking area, which isexpected to be minimal, since most people consume items earlyinthe show and are unlikely to bringtrash back to theircars.

A trash dumpster willbe contracted for placement on the grounds. Several trash cans are availablefor publicuse inthe circusentrance area.We willalso have bins inwhich people can put recyclableitems.However, due to the nature of our operation,most people buy theirfood products and take them immediately intothe tent,where they sitdown, They normally lettheir trashfallthrough the bleachers,where we cleanitup aftereach show.

Since sodas and water are served in plasticbottlesand cans,our staffwillput those, along with appropriate paper products, into the recycle bins and transport them to an appropriaterecycling facilityor make arrangements with the dumpster company for their removal.

I hope that lhave providedyou with allthe informationneeded to approve thisplan.ifyou have any questions,pleasecallme at 702-513-9767 and iwillbe happy to assistyou.

Tabares Entertainment,inc. 7455 Arroyo Crossing Pkwy. Suite 220 LasVegas, NV 89113 Nelson R Quiroga — Phone: 702-513-9767 E-Mail:I‘lotabaresl’ECircusvargas.com Katya Quiroga — Phone: 702-466-4873 E—Mail:kgtabaresﬂcircusvarzastom 20 287 of 629

National City @ Westfield Plaza Bonita
CircusVargas SecurityPlan
Since CircusVargas isa familyshow and attractsprimarilyfamilies,in-housesecurityhas been sufficientto provideappropriatecrowd control.As the onlythingto see isthe show itself,there are no people justloiteringinthe area.Crowds come at show time,enter the enclosed midway area and take theirseats.Afterthe show, there isnothingelseto see,so they exitto theircars.

Many of the thingsthatattractor encourage troubleor the necessityforpoliceinterventionwill not be presentatCircusVargas.Alcoholwillnot be soldor served,and thereareno games of chance or mechanical rides.While a carnivalattractsages 12 to 22, Circus Vargas primarily attracts children of elementary school ages or younger, along with their parents and grandparents.

Circus Vargas has its own security team comprising eight uniformed (unarmed) security Personnel(includesone head ofsecurity).The uniformsconsistof matching CircusVargas shirts and pants.This low-key approach to securitymaintains the atmosphere of familyfun.

Allsecuritypersonnelwillbe scheduledone hour beforeeach performanceand willstaythirty minutes afterthe performance. Securitypersonnel willbe stationed both insideand outside the tent as wellas next to the ticketbooth.

Securitypersonnelhave accessto walkie-talkiesfor communications between themselves,in additionto cellphones thatcan be used to calladditionalpersonnelas wellas localpoliceor fireﬁghtersifitbecomes necessary.

Inadditionto the securityofficers,a closed-circuitvideo securitysystem monitors the insideof the ticketbooth, where money ishandled, as well as the midway area and the area infrontof the ticketbooth,Thisvideosystem isattachedto a recordingdevicethatcan be used to keep a digitalrecord of events.

Tabares Entertainment,Inc. 7455 Arroyo Crossing Pkwy. Suite220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E—Mail:NatabaresQCircusvareastom Katya Quiroga — Phone: 702466-4873 E-Mail:kgtabarechircusvargas.com 21 288 of 629
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Tabares Entertainment,Inc. 7455 Arroyo Crossing Pkwy. Suite220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513v9767 E-Mail:NEtabaresQCircusvargas.com KatyaQuiroga— Phone: 702-466-4873 E-Mail:katabarechErcusvargas‘com 22 289 of 629
Circus Vargas 2022 Advance Permit Event Packet
National City@ Westfie!d Plaza Bonita

CIRCUS VARGAS

SEATING CHART AND EGRESS PLAN
SEATING CQPACITY 1032
u...

CIRCUS
CENTER .

RING
PERFORMERSENTRANCE "\_
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy‘ Suite 220 Las Vegas, NV 89113 Nelson R Quiroga ~ Phone: 702‘513-9767 E-Mail:NgtabaresQCircusvargas‘com Katya Quiroga— Phone: 702-466-4873 E—Mail:kgtabarechﬁrcusvargas‘com 23 290 of 629
A _
CircusVargas 2022Advance Permit Event Packet
National City @ Westfield Plaza Bonita
ADA Winduw

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Tabares Entertainment, Inc‘ 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513—9767 E-Mail:Ngtabares ECircusvargasxom KatyaQuiroga- Phone: 702466—4873 E-Mail:kqtabares@circusvargamom 24 291 of 629

CircusVargas
Tent
Side View

Tabares Entertainment,Inc. 7455 Arroyo CrossingPkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 70261343767 E-Mail:NgtabaresQCircusvarzasvcon-I Katya Quiroga — Phone: 702-466-4873 E-Mail:kgmbarechircusvarsas.com 25 292 of 629

CALIFORNIA DEPARTMENT OF FORESTRY and FIRE PROTECTION

OFFICE OF THE STATE FIRE MARSHAL

REGISTERED FLAME RESISTANT PRODUCT
Product: Redis tratinn Nu.

PRECDNTRAINT 702, 392 F»44402
Product Markaced 5y:

SERGE FERRARI
1460 5116TH cuumx
panama BEACH, FL 31069
Thispmducl mealsnu:minimum [cquircmcnlsufﬂame misunce establishedby Lh:Calilomin Slaw Fug MarshalfurproduclsidnnliﬁedinSecLinn[3115,CaliforniaHealthand SafetyCade.

The scup:of0::npprovcduseof [hisproductisprovidedinxh:currentcdiliunwfthe

CALIFORNIA APPROVED LIST OF FLAME RETARDANI' CHEMICALS AND FABRlCS, GENERAL AND LIMITED APPLICATIONS CONCERNS publishedby the CaliforniaSlab:FireMarshal.
naputy523:22-1:;Marshal
Expire: 1(31/2022
ra‘a
Tabares Entertainment,Inc.7455 Arroyo Crossing Pkwy‘ Suite220 Las Vegas, NV 89113 Nelson R Quiroga— Phone: 702-513-9767 E—Mail:NatabaresﬂDClrcusvaraas.com_..__._d.___a__.__ Katya Quiroga — Phone: 702466-4873 E-Mail:kgtabarechircusvarEas.com 26 293 of 629

CITY OF NATIONAL CITY

NEIGHBORHOOD SERVICES DEPARTMENT

APPLICATION FOR A TEMPORARY USE PERMIT

CONDITIONS OF'APPROVAL
SPONSORING ORGANIZATION: CircusVargas
EVENT: Circus Vargas
DATE OF EVENT: February 4, 2022 thru February 14,2022
MCOMMUNITYSERVICES _ YES [x] NO [RISKMANAGER YES [x] NO [PUBLICWORKS YES [x] NO [FINANCE YES [x] NO [FIRE YES [x] NO 1POLICE YES [x] NO [ENGINEERING YES [x] N0 [COMMUNITY DEVELOPMENT YES [X] NO [ SEECONDITIONSSEECONDITIIONSSEECONDITIONSSEECONDITIONSSEECONDITIONSSEECONDITIONSSEECONDITIONSSEECONDITIONSFﬁl—II—I—ll—IF‘IHl—I X
X
X

CONDITIONS OF APPROVAL:

PUBLIC WORKS (619)366-4580
No comments

POLICE DEPARTMENT
No comments.

ENGINEERING
No comments received

COMMUNITY SERVICES
No comments received

FINANCE
Tabares Entertainmentwillneed a business license.
27 294 of 629

COMMUNITY DEVELOPMENT
Planning
No comments
Building
Must comply with2019 CaliforniaBuilding,Electrical,Mechanical,Plumbing and Fire Codes.

Must have passing inspectionfrom Buildingand Firepriortoopening.

Neighborhood Services
Neighborhood Notifications— Events are requiredto notifyresidentsand/or businesses of the surrounding impacted areas by the event. The noticeshallinclude the name of the event,name and phone number of thecompany/organization producing the event,the dates and times ofthe event (includingset-upand breakdown) and a detaileddescriptionofhow the residentsand/orbusinesses may be affected,such as by streetclosures, ”No Parking" signs being posted, music at the event, etc.

Displayofbanners --Banners are allowed on siteforevent but must be removed immediately thereafterevent completion. Ifyou wish to place banners inany location other than on-site,you must get approval from the property/businessownerwhere you intendto displaythe banner.

RESK MANAGER (619) 336-4370
No comments received
FIRE (619)336-4550

,,ITFPONJ”?
Stipulationsrequiredby the FireDepartment forthisevent are as follows:
1) Access tothe CircusVargas to be maintained atalltimes. 2) FireDepartment access intoand through the booth areas are to be maintained at alltimes. Fireapparatus access roads shallhave an unobstructed width of not teesthan 20 feetand an unobstructed verticalclearance of not lessthan 13 feet 6 inches
28 295 of 629
10)

FireHydrants shallnot be blocked or obstructed.

Participantson foot are to move immediately to the sidewalk upon approach of emergency vehicle(s).

Vehicles in roadway are to move immediately to the rightupon approach of emergency vehicle(s).

Iftents or canopies are used, tents having an area in excess of 200 square feetand or canopies inexcess of 400 square feetor multipletentsand or canopiesplacedtogetherequalingor greaterthan theabove statedareas,are to be used,they shall be ﬂame-retardant treated with an approved CaliforniaState FireMarshal seal attached. A ten feet separation distance must be maintainedbetween tents and canogies. A permit from the Fire Department must beobtained.Cooking shall not be permitted under tents or canopies unless thetents or canopies meet “State Fire Marshal approval for cooking. Fees can only be waived by the CityCouncil.

Canogies:
0 — 400 sf- $0
401 — 500 sf- $353.00
501 — 600 sf— $394.00
601 — 700 sf- $515.00
Tents:
0 —200 sf- $300.00
201 — (+)sf— $600.00
Concession stands utilizedfor cooking shall have a minimum of 10 feet ofctearance on two sides and shallnot be located within 10 feet of amusement ridesor devices
Allcooking booths or areas to have one 2A:1OBC. Ifgrease or Oilis used incooking a 40:80 or class “K" fire extinguisher will be required. All ﬁre extinguishersto have a currentState FireMarshal Tag attached.

Fireextinguishersto be mounted in a visiblelocationbetween 3V2‘to5‘from theﬂoorto thetopofthe extinguisher.Maximum traveldistancefrom an extinguishershallnot be more than 75 feet traveldistance.At] ﬁre extinguisher to have acurrent State Fire Marshal Tag attached. 29 296 of 629
11)
12)
13)
14)
15)
Emergency generatorsand standbypower systems shallbe installed,tested,and malntained In accordance with _N_EEA 110 and NFPA 101, Standard for Emergency and Standby Power Systems. Please contact the National City Building Degartment (Rick Beaver) for necessag regulrements and or mmi-
A firesafetyinspectlonis to be conducted by the FireDepartment priorto operationsof the carnivalto includeallrides,cooking areas, game booths, etc.

Required inspectionstakingplace,afterhours, holidays,and weekends willbe assessed a minimum of two hundred ($191.00)dollars.Fee isto be paidto the FireDepartmentAdminlslrationofficesunderseparatepermit.Fee Isto be paid priorto event.

No smoking signsto be posted.

Any electricalpower used is to be properly grounded and approved.

Extensioncordsshallbe used as “TemporaryWiring"only.

Fees can onlybe walved by CityCouncil.

Ifyou have any questionsplease feelfreeto contactme.
30 297 of 629

The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Request from Homestead Steaks, LLC to conduct the Homestead Steaks Sale at 1536 Sweetwater Road from February 4, 2022 thru February 20, 2022 with no waiver of fees. (Community Development)
Please scroll down to view the backup material.
298 of 629

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETINGDATE: February1,2022 AGENDA lTEMNO.

ITEM TITLE:

Temporary Use Permit —— Request from Homestead Steaks, LLC to conduct the Homestead Steaks Sale at 1536 Sweetwater Road from February 4, 2022 thru February 20, 2022 with no waiver of fees.

PREPARED BY: DionisiaTrejo DEPARTMENT:COM - .5,entDepartment PHONE: (619)336-4255 APPROVED BY: A
EXPLANATION: -
This isa request from Homestead Steaks to conduct the Homestead Steaks Sale at 1536 Sweetwater Road from February 4, 2022 thru February 20, 2022. Daily hours of operation willbe from 10 am. to 6 pm.

Applicant willset-up a 20x20 tent inthe parking lot.This outdoortent willprovide the community with prepacked frozen USDA steak, chicken, and seafood for sale.

There isno cooking, sampling, or serving of any kind.

Note: This event was approved by Council in2021 with no waiver of fees. .

FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT N0. APPROVED: MlS
Cityfee of $272.00 forprocessing the TUP through various Citydepartments and $191.00 forFire Department.

Total Fees are $463.00
ENVIRONMENTAL REVIEW:

N/A
ORDINANCE: INTRODUCTION: 1 FINALADOPTION:

STAFF RECOMMENDATION:
lApprove the Applicationfor a Temporary Use Permit subject to compliance with allconditions of approval with no waiver of fees inaccordance with CityCounci Policy802.

BOARD lCOMMISSION RECOMMENDATION:

N/A
ATTACHMENTS:

Application fora Temporary Use Permit with recommended conditions of approval.

299 of 629
,,
Cityof NationalCityI Neighborhood Services Department
b ﬂ 1243 NationalCityBoulevardI NationalCity,CA 91950
c‘uFORN" (619)336-4364.fax(619)336-4217
NATIOW" CITY WWW.nationalcityca.gov
333V!“ Special Event ApplicationlNconpon ATE“

D Fair/Festival CIParade/March DWalk or Run [:lConcen/Performance wTUP D SportingEvent El Other (specify)

I .

Event Location(listallsitesbeingrequested) W C W 4' ll ( mg [pl
33;?" StansquZ}. hme %p Day ofWeek [LIUJE /
5:: Stark?_qujfjmel 0 00“ DayofWeek
Event Ends kg
Date __ , 'Ime Day ofWeek
Breakdown Ends 4.2—1 [7%‘
Date # V 9 Day ofWeek
A v licant lnformation

Applicant(Your name Spon oringOrganization
Event Coordinator Ofdifferentfrom applicant)
MailingAddress1115 g Wilsoﬂ ‘H W IQ‘ZQ7O
Day Phone AfterHours Phone— Cel 9:57’302?‘
Public Information Phone E-mailTlmwﬂgy‘ﬁll Wm
Applicantagrees to invesﬁgate‘defend, Indemnify and hold harmless the City!itsofﬁcers.employees and agents from and against any and allloss. damage, liability.claims, demands, demments, Cost, charges, expense (including attorney'sfees) and causes of actionof any characterwhich the City‘itsofﬁcers.employees and agents may incur‘ sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (includingbut not limitedto lhe employees. subcontractors,agents and Inviteesof each partyhereto)arisingout of or in any way connected to the occupancy‘ enjoyment and use of any Citypremises under thisagreement to the extent permitted by law
Applicantunderstands thisTUP/special event may implicatefees forCityservices which willhave to be paid m the City'sFinance Department 4 hours priorto lhe event set-u e undersigned also understands and accepts the City'srefund policyforappli ‘onproﬁeSSI CIAy use and th fees and charges are adjuslad :nm-allu"-4 are subject to change
Signatureof Applicant», __ , Date _ {?ﬂk/ZJ

300 of 629
Special Event Application (continued)
Please complete the followingsectionswith as much detailas possiblesince fees and requirements are based on the informationyou provideus
FeesIProceedise orting
Isyour organizationa “Tax Exempt, nonprofit"organization? Yes D No Are admission, entry,vendor or participantfees required? Yes|:| No IfYES, pleaseexplainthe purpose and provideamount (5):

$ Estimaﬁd Gross Receipts including ticket,product and sponsorship sales from thisevent. /
S 0 Estimated Expenses forthisevent.
3 What isthe projectedamount of revenue thatthe NonprofitOrganizationwillreceive as a result of this event?
Description of Event
a Firsttime eveni l:| Returning Event winclude sitemap withapplication Ne te thatthis escriptionm; be pubiished'In ou‘ CityPublicSpecialEvents Calendar:

MI 0N! XMDW MW 10wa WWW
MW; MM OW dMgAM’Fmlimwa 20 20
Estimated Attendance
Anticipated# ofParticipants:W Anticipated# ofSpectators: E 4 A

|\J

301 of 629
Traffic Control, Securit ,First Aid and Accessibilit
Requesting to close street“) to vehicular traffic? Yes|:] No Listany streetsrequiringclosureas a resultof the event (providemap):

Date and time ofstreetclosure: Dale and time ofstreetreopening:

Other (explain)

Requesting to post “no parking" notices? Yes [I No
i
DRequested “No Parking"on cilystreetsand/or parkinglots(liststreels/parkinglots)(providemap):

Dother (explain)
Securit and Crowd Control
Depending on the number of paniclpants,your event may requirePoliceservices, Please describeyour Rrocedures forboth Crowd Controland InternalSecurity:

Have you hire P ofessionalSecurityto handle securityarrangements forthisevent?

YesE] No IfYES, name and address ofSecurityOrganization

SecurityDirector(Name): Phone:

Ifusing the servicesof a professionalsecurityﬁrm and the event willoccur on Cityproperty.please providea copy ofitsinsurancecertiﬁcate.evidencingliabilitywithlimitsofalleast$1 Milliondollarsper occurrencel$2 Milliondollarsaggregate, as wellas and additionalinsured endorsement naming the City of National City itsofﬁcers,employees. and agents as additionalinsureds‘ Evidence of insurance must be provided by the vendor or itsinsurerto the Neighborhood Services Department at the lime of submission. .

Islhisa nightevent? Yes|:] No IfYES. please slatehow the event and surrounding area will be illuminatedto ensure safetyofthe participantsand spectators:

302 of 629
stationto be staffedby event slaff’?Yes Firstaid/CPR certiﬁed? Yes Depending on thenumber ofparticipants.our tmay requirespeciﬁcFirstAidservices ‘ aid EM: [:1 No
DFirst aidstationto be staffedby professionalcompany. > Company Ifusingthe servicesofa professionalmedicalorganizationlcompanyand the eventwilloccuron City property.please providea copy ofitsinsurancecertiﬁcate,evidencingliabilitywithlimitsofatleast$1 Milliondollarsper occurrencel$2Milliondollarsaggfegate.as wellas and additionalinsured endorsement naming the Cityof NationalCity,itsofﬁcers.employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor 0! itsinsurerto the Neighborhood ServicesDepartment atthetimeofsubmission.

Accessibilit
'-Iase describe your Acce siblty Plan foraccess at you: even! by individualswith disabilites:} , . m t ’.LA m m mm w,
ammwmrgwammm
1 'L’ A
(II

I
Elements of our Event
Settingup a stage? Yes E] N
D Requesting City‘sPA system
[:| RequestingCityStage;ifyes.whichsize?D Dimensions(13x28)D Dimensions(20x28) E] Applicantprovidingown stage b (Dimensions)
Sett'ng up canopies or tents? L
l #ofcanopies sizeAQO %« ”(JV w7LL0j
# of tents size
DNO canopies/lenksbeing set up

303 of 629
eﬂing up tables and chairs?

Furnishedby Applicantor Contractor
iioftables E! No tablesbeingsetup
L4 # ofchairs E] No chairsbeingsetup
E(For CityUse Only) Sponsored Events — Does not apply to cosponsored evems # oftables D No tablesbeingsetup
# ofchairs D No chairsbeingsetup
ContractorName
ContractorContactInformation
Address Ciky/State Phone Number

Settingup other equipment?

SportingEquipment (expiain)

Other (explain)
I: Not settingup any equipment listedabove atevent
Having amplified sound andlor music? Yeslj No|:l
|:| PA System forannouncements DOD playeror DJ music
I] LiveMusic » Small4-5pie9 liveband > El Large6+ pieceliveband E Other(explain) 4
Ifusing livemusic ora DJ. > ContractorName [W I 2270 (J£2150“

>
Address Clty/State Phone Number
304 of 629
Using lightingequipment at your event? Yes|:| No
El Bringing in own lightingequipment

[:1 Using professionallightingcompany > Company Name

Address ly/Slaie Phone Number
Using electricalpower? YesE] No C] UsingKimballParkBowl Lighting(from to
DUsing on-siieelectricity D For sound and/or lighting [1 For food and/or refrigeration DBringin ing erator(s) [j Forsound and/orlig ‘g DForfood and/orrefrigeration (- Méw /mam OMMW .M 17szszendor Information

PLEASE NOTE: You may be required to apply fora temporary health permit iffood or beverages are sold of given away during your speciaIevent. Also see ‘Perrnitsand Compliance’ on page 8 inthe Special Event Guide. For additionalinformationon obtaininga temporary healthpermit, please contact the County of San Diego Environmental Health at (619)338-2363.

Having food and non-alcoholicbeverages at your event? Yes D NOD D Vendors preparingfood on-site> # D Business License #

Ifyes. piease describe how food willbe served and/or prepared:

If on Intendto cook food inthe event area pleas ecifythe method:

GAS ELECTRIC DCHARCOAL THER (Specify):
>El Vendors bringingpre-packaged food > # > Business License # a [04' a “Q Vendors bringingbowed, non-alcoholicbeverages (i.e.,bottledwater,can soda.etc.)> # DVendors sellingfood # > Business License #(5)
Vendors sellingmerchandise # > Business License#(s)
Food/beverages tobe handled by organization;no outsidevendors endors sellingservices# > Busmess License #(s)
b Explainservices

DVendors passingoutinformationonly (no busmess licenseneeded) # > Explain type(s) oi information

El No sailingor informationalvendors at event
305 of 629
Having childrenactivities?Yes|:| No
PLEASE NOTE: Inthe eventinﬁatablejumpsare providedattheevent.The CityofNationalCity requirescommercial liabilityinsurancewithlimitsofatleast$1 Milliondollarsperoccurrencel$2Million dollarsaggregate. in addition the City of National City must be named as an Additionalinsured pursuantto a separateendorsement, which shallbe providedby thevendor oritsinsurertothe City's Risk Manager. along withthe Certiﬁcateof Insurance,forapproval priorto the event.The application should be ﬁledoutatleastone week priortothe event. Forquestionsorto obtaina copy ofthe “FacilityUse Application",please contactthe Engineering/PublicWorks Department at (619) 336-4560.

Elnﬂatable bouncer house # [:IRock climbingwallHeight
E Inﬂatable bouncer slide# El Arts 8.crafts(Le. craftmaking. face painting,etcv) D CarnivalRides Dther
Having fireworks or aerialdisplay? Yes|:| Nﬁl
[3 Vendor name and license#

Dimensions Duration

Number of shells Max. size
PLEASE NOTE: Inthe event ﬁreworks oranother aerialdisplayisplanned foryour event.The Cityof NationalCityrequirescommercial liabilityinsurancewithlimitsofatleast$2 Milliondollarsper occurrence/$4 Milliondollarsaggregate.Inaddition,the CityofNationalCitymust be named as an Additionalinsured pursuant to a separate endorsement which shallbe provided by the vendor or its insurerto the City‘sRisk Manager, along with the Certiﬁcateof lnsurance,forapproval priorto the event. Depending on the sizeand/ornatureofthe ﬁreworks display,the Cityreservesthe lightto requesthigherliabilitylimits.The vendor must alsoobtaina ﬁreworks permitfrom the NationalCityFire Department and the costis$54500
Arranging for media coverage? YesD No
DYes. but media willnot requirespecialset-up

DYes, media willrequirespecialset—up.Describe
306 of 629
PLEASE NOTE: For City sponsored or co-sponsored events, banners publicizingthe event may be placedon theexistingpoleson the 1800 blockand 3100 blockofNationalCityBoulevard.The banners must be made tothe Clty'sspeciﬁcations,Please refertothe City'sSpecialEvent Guidebook and Fee Schedule foradditionalinformation.

Are you planningto have signage atyour event? Yes No D

DYes, we willpost signage # Dimensions
Yes. having inﬂatablesignage # b (complete InﬂatableSignage Request form) {IE What willsigns/bannerssay? OMJ ‘
How willsigns/bannersbe anchor d rmoun 6d?
Location of banners/signage 1% W
PLEASE NOTE: One toiletforevery 250 people isrequired.unlessthe applicantcan show thatthere are sufﬁcientfacilitiesinthe immediate area availabletothe publicduringthe ?vent.

Yes. we willhave banners #

Wt WWAre you planningto grovideportablerestrooms at the event? Yeslj No Ifyes.please identifythe following:
> Totalnumber of portabletoilets:
> Totalnumber of ADA accessibleportabletoilets:

DContracting withportabtetoiletvendor, >
Company Phone
> Load~lnDay & Time > Load-outDay 8.Tune
DPortable toiletsto be serviced, b Time
Set~u I,Breakdown, Clea n-u o
Setting up the day before the event?
Yes, willset up theday beforethe event, b # otset-upday(s) I No. set—upwilloccur on the event day
Requesting vehicle access onto the turf?
[:lYes, requestingaccess onto tud forset-up and breakdown (complete attached VehicleAccess Request form)
E No, vehicleswillload/unloadfrom nearby streetorparkinglot.

307 of 629
NPDES-Litter Fence
Citytoinstalllinerfence
Applicantto installlitterfence
j EN/A
K’ eaking down set-up the day afterthe event?

"Br
EYes, breakdown willbe the day afterthe event > # of breakdown day(s)

No, breakdown willoccur on the event day.

How are you handling clean-up?
Using Citycrews

Using volunteerclean-up crew during and afterevent.

Using professionalcleaningcompany during and afterevent.

Miscellaneous
Please listanythingimportantabout your event not already asked on thisapplication:

Please make a copy of this application for your records.

We do not provide copies.
308 of 629
_.cunronma - SpeCial Events
NATIOJwEITY Pre-Event Storm Water Compliance
Wlmtl'()uA1'-“ Checklist
l. SpecialEventInformation

Name of SpecialEve t: MM MS/(WILW 0leHM

Event Address: Expeded llof Attendees:

L Phon Number: ’60,];
ll.Storm Water Best Management Practices(BMPs) Review

YES NO N A
r—I
Willenough trashcans provided forthe event?
wummkProvidenumber oftrashblns:

Willenough recyclingbinsprovidedforthe event?
Providenumber of recyclebins:

Willallportable toiletshave secondary containment trays? (exceptions forADA compliantportabletoilets)

Do allstorm drains have screens to tempomrily protect trash and debris from entering?
Are spillcleanup kitsreadilyavailableat designatedspots?

’*A Pust-Ewnl Storm Water Compliance Checklist!willbe completed by City Stnﬁ‘. l0

309 of 629

Cityof NationalCity
EuBUQEBQEﬂﬂIi5EﬂQUlﬂMﬂﬂﬁﬁiANQﬂEEMﬂEEAﬂQN

AENEMHH
Persons requestinguse of Cityproperty,facilitiesor personnel are requiredto providea minimum of $1,000,000 combined singlelimitinsuranceforbodilyinjury and propertydamage which includesthe City,itsofﬁcials,agents and employees named as additionalinsured and to sign the Hold Harmless Agreement. Certiﬁcate of insurancemust be attachedto thispermit.The insurancecompany issuingthe insurance policymust have a A.M. Best'sGuide RatingofA:Vi|and thatthe insurance company isa Californiaadmitted company; ifnot,then the insurance policyto the issuance ofthe permitforthe event.The CertiﬁcateHolder must reflect:

Cityof NationalCity
Risk Management Department
1243 NationalCityBoulevard
National ity,CA 91950

Organization:

Person inCharge ofActivity:
isi.WmAddress:

Telephone:

L A MLE E EN
As a conditionof the issuance of a temporary use permitto conduct itsactivitieson publicor privateproperty,the undersigned hereby agree(s) to defend, indemnify and hold harmless the Cityof National Cityand the Parking Authorityand itsofﬁcers, employees and agents from and againstany and allclaims,demands. costs,losses, liabilityor,forany personal injury,death or property damage, or both, or any litigation and otherliability,includingattorney’sfees and the costs of litigation,arisingout of or relatedto the use of publicpropertyor the activitytaken under the permitby the permittee or itsagents,
SignatureofApplican :

OfﬁcialTitle:OWW Datei’Zl412i
For Ofﬁce Use Oniy

Certiﬁcateof Insurance Approved Date
11 310 of 629
MerloneGeier mmmm £21:ggggggﬁgg:

Management :31?01133:.CA921.21
CityofNationalCity
1243NationalCityBlvd.

NationalCity,CA'91950
Re: Temporary Use-Permit
SweetWater Crossings,NationalCity,CA 91950.

MGP UnitNo. 735N500
To Whom ItMay Concern:

ThisletterservesasconﬁrmationthatMGP XIUS Properﬁas,LLCIhas‘alicenseagreemmt withHomesteadSteakstobe-locahedintheparkinglotofthe:abovereferencedlocationfatthe saleoffrozenUSDA beefand chickenand no otheryuxposes.MGP XIUS Pmperﬁes,LLC is theLicensor/Landlordand Owner oftheSweelwata Crossingsshoppingcenterlocatedat 1536—1730Sweematet Road inyourmuxdclpality.

ThisletterauthorizesHomesteadSteaks,LLC, a Missourilimitedliabilitycompany and its agents,toactasmy agmt inobtainingtherequiredandnecesaarypennits,licensesand approvals,whichmay berequiredfortheiroperation.

Shouldyen haveany questionsorctmcems,yleasefeelfreetocomactme at(760)534-2588or viaemail” §th @mglonggeiemgm.

Sincerely.

MERLONE GEIER MANAGEMENT,-LLC
asagentforMGP XIU5 PROPERTIES,L'LC
.~ It _M. .f
r_,..,Jim 5......

ErikaAbrﬂle
PropertyManager
Enclome
12 311 of 629
DocuSlgn Envelope ID:BZO4CBBO4DFOAE6B-BZS1-3880F5BO1403 EXH [HIT A

SITE PLAN
Tlusmduhn ISInrruere-nceonlyand Isnm a repnwumiun usInSim,d'unension,orlocation0!an} tenantur Lnﬂnsw- m thechnppmg tenler Allhuildmgq,InIprm'anu-nlathen cumulus and [hut usesas shown on (hisplanaresuleml lo mmlilimuon al MGP‘s disg‘nation

l ‘ I g
m
‘2.‘x‘ I a E 1‘
' 0;,yPremlsesI | a I“-
. v
- w
‘ . .o ‘
: ‘ 2 w .. , o. ‘

License Agreement ExhlhllA SweelwaterCrossmgs NR l»
Unitv715-v5m ' "Homestead Steaks
13 312 of 629
EMUUIL D " SILE f'ldll
Thisexhibitisfor[E'EIEI‘EEonlyand i:no: a mum a .5.19pm. repmzntationustosue.dlmenskm,a!locationofany Sweutwatercrossing tenantInthe shoppingcenter.Allbanding,improvements, NationalCity,CA theiroccupants.andthuirusesasshuwrmn thisplanare Franny N735 subjectto modificationatthe landlord'srdismunn. My 2020 14 313 of 629
Exhibit B - bite Plan
f .

NAP
oﬁblly
WW
)NOWN
WI
WWWMS
”)SS1
:5:
>
gQ:OJL
LL
>
m
m
U}
l
. . 96I / , «q,
(6‘9
‘2
\0
Thus exhlbu Isfor relemnn: only and Isnox a Exhlbll 8 Sum Plan representation as [O 5119,dummmon, or lucalnonc! any Sweelwaler Crossing tenant In (he shopping center All bunldnns. vmwovemt‘nls National Cnly,CA (hen occupams. and then uses as shown on [ms plan are Property ”735 subpecl (o modlhwnon at [he landlord‘s msupuon Iuly 2020 15 314 of 629

315 of 629

316 of 629

CITY OF NATIONAL CITY

NEIGHBORHOOD SERVICES DEPARTMENT

APPLICATION FOR A TEMPORARY USE PERMIT

CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: Homestead Steaks, LLC
EVENT: Homestead Steaks, LLC
DATE OF EVENT: February 4, 2022 to February 20, 2022
M
COMMUNITY SERVICES YES [x] N0 1 1 SEE CONDITIONS
RISKMANAGER YES [x] NO 1 1 SEE CONDITIONS
PUBLICWORKS YES [x] NO 1 1 SEE CONDITIONS
FINANCE YES [x] NO 1 1 SEE CONDITIONS
FIRE YES [x] NO 1 1 SEE CONDITIONS
POLICE YES [x1 NO [ 1 SEE CONDITIONS
ENGINEERING YES [x] NO 1 1 SEE CONDITIONS
COMMUNITY DEVELOPMENT YES [x] NO 1 1 SEE CONDITIONS
XXX

CONDITIONS OF APPROVAL:

PUBLIC WORKS (619)366-4580
No involvement

POLICE DEPARTMENT
No comments

ENGINEERING
No comments received

COMMUNITY SERVICES
No involvement

FINANCE
No comments
18 317 of 629

COMMUNITY DEVELOPMENT
Plannin
No comments
Building
No comments received
Neighborhood Services
Neighborhood Notifications— Events are requiredto notifyresidentsand/or businesses of the surrounding impacted areas by the event. The noticeshallinclude the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (includingset—up and breakdown) and a detaileddescriptionof how the residentsand/or businesses may be affected,such as by streetclosures,“No Parking" signs being posted, music at the event,etc.

Display of banners —-Banners are allowed on siteforevent but must be removed immediately thereafterevent completion. Ifyou wish to place banners inany location other than on-site,you must get approval from the property/businessowner where you intendto displaythe banner.

RISK MANAGER (619) 336-4370
Risk Management has reviewed the above-captioned applicationto issue a Temporary Use Permit.As much as the event willbe held solelyon privateproperty,there willbe no additionalinsurance requirements necessary forissuingthe permit.

Itshould be noted thatthe applicantproperlyexecuted the Hold Harmless and IndemnificationAgreement when the Special Event Applicationwas submitted.

FIRE(619)336-4550

1) Any electricalpower used is to be properly grounded and approved.

Extension cords shallbe used as “Temporary Wiring Only". 2) A firesafety inspectionisto be conducted by the Fire Department priorto operations of the event.
19 318 of 629
3)
4)
5)
6)
7)
8)
9)
10)
Required inspections taking place, after hours, holidays, and weekends willbe assessed a minimum oftwo hundred ($191.00)dollars.

Exitopenings from tentsshallremain open unless covered by a flame — resistantcurtain.The curtainshallcomply with the following:
a. Curtains shallbe free slidingon a metal support. The support shallbe a minimum of 80 inches above the floorlevelat the exit.Then curtains shallbe so arranged that,when open, no part of the curtainobstructs the exit.
b. Curtains shallbe of a color,or colors,that contrast with the color of the tent.

In public tent areas, smooth surfaced, unobstructed aisles having a minimum width of not less than 44 inches shallbe provided from seating areas, and aislesshallbe progressivelyincreased in width to provide,at allpoints,not lessthan 1 footof isleswidth foreach 50 persons served by such aislesat the point.

The arrangement of aislesshall be subject to approval by the firecode officialand shallbe maintained clearat alltimes during occupancy.

Exitsshallbe clearlymarked. Exitsigns shallbe installedat requiredexit doorways and where otherwise necessary to indicateclearlythe direction of egress when the exitserves and occupant of 50 or more Exit signs shall be GREEN in color and shall be of an approved self- luminationtype or shallbe internallyor externallyilluminatedby luminaries suppliedinthe followingmanner:
a. Two separate circuits,one of which shall be separated from allother circuits,for occupant loads of 300 or less.

Means of egress shall be illuminatedwith light(Bug Eyes) having an intensityof not less than 1 foot—candleat the floorlevelwhile the structure is occupied. Fixturesrequired for means of egress illuminationshallbe supplied from a separate circuitor source of power.

Internalcombustion power sources that may be used for emergency power shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shallbe conducted priorto start of the event.
20 319 of 629
11)
12)
13)
14)
Internalcombustion power sources shallbe isolatedfrom contact with the public by either physical guards. fencing or an enclosure. Internal combustion power shallbe at least20 feetaway from the tent.

Any electricalpower used is to be properly grounded and approved.

Extension cords shall be used as “Temporary Wiring" only. Consult buildingofficialforrequirements.

Every room or space that is an assembly occupancy shall have the occupant load of the tentor space posted ina conspicuous place,near the main exitor exitaccess doorway from the room or space. Posted signs shallbe of an approved legiblepermanent design and shallbe maintained by the owner or authorized agent. The maximum occupant load of this space shall be based on room s_et—upand items placed inside tents or canopies. The maximum occupancy load shall posted by the Building Officialbased on room conﬁguration. At no time shallthe owner or agent allow the posted occupant load to be exceeded.

Smoking shallnot be permitted intents,canopies or membrane structures.

Approved “No Smoking” signs shallbe conspicuously posted. 21 320 of 629

The following page(s) contain the backup material for Agenda Item: Warrant Register #25 for the period of 12/17/21 through 12/23/21 in the amount of $0.00. (Finance) Please scroll down to view the backup material.
321 of 629

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 25
Ratify Warrants Totaling $0.00
This is not a project and, therefore, not subject to environmental review.

Warrant total $0.00.

Per Government Section Code 37208, below are the payments issued for period 12/17/21 - 12/23/21.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation

No Warrants processed in week 25
619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #25 for the period of 12/17/21 through 12/23/21 in the amount of $0.00. (Finance) February 1, 2022
322 of 629

PAYEE DESCRIPTION CHK NO DATE AMOUNT
NO WARRANTS FOR WEEK 25
A/P Total 0.00
GRAND TOTAL -$
WARRANT REGISTER # 25
12/23/2021
1/1
323 of 629

The following page(s) contain the backup material for Agenda Item: Warrant Register #26 for the period of 12/24/21 through 12/31/21 in the amount of $1,092,468.82. (Finance) Please scroll down to view the backup material.
324 of 629

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 26
Ratify Warrants Totaling $1,092,468.82
This is not a project and, therefore, not subject to environmental review.

Warrant total $1,092,468.82.

Per Government Section Code 37208, below are the payments issued for period 12/24/21 - 12/31/21.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation

No Warrants processed in week 26
619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #26 for the period of 12/24/21 through 12/31/21 in the amount of $1,092,468.82. (Finance)
February 1, 2022
325 of 629

PAYEE DESCRIPTION CHK NO DATE AMOUNT
NO WARRANTS FOR WEEK 26
A/P Total 0.00

PAYROLL
Pay period Start Date End Date Check Date
25 11/30/2021 12/13/2021 12/21/2021 1,092,468.82
GRAND TOTAL 1,092,468.82 $
WARRANT REGISTER # 26
12/31/2021
1/1
326 of 629

The following page(s) contain the backup material for Agenda Item: Warrant Register #27 for the period of 1/01/22 through 1/07/22 in the amount of $1,342,929.64. (Finance) Please scroll down to view the backup material.
327 of 629

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 27
Ratify Warrants Totaling $1,342,929.64
This is not a project and, therefore, not subject to environmental review.

Warrant total $1,342,929.64.

Per Government Section Code 37208, below are the payments issued for period 1/01/22 - 1/07/22.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Center for Public Safety 298023 298023 CPSM Professional Servi ces 619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #27 for the period of 1/01/22 through 1/07/22 in the amount of $1,342,929.64. (Finance)
February 1, 2022
328 of 629

PAYEE DESCRIPTION CHK NO DATE AMOUNT
ANDERSON RETIREE HEALTH BENEFITS - JAN 2022 356068 1/3/22 110.00 BEARD RETIREE HEALTH BENEFITS - JAN 2022 356069 1/3/22 70.00 BECK RETIREE HEALTH BENEFITS - JAN 2022 356070 1/3/22 140.00 BISHOP RETIREE HEALTH BENEFITS - JAN 2022 356071 1/3/22 110.00 BOEGLER RETIREE HEALTH BENEFITS - JAN 2022 356072 1/3/22 260.00 BULL RETIREE HEALTH BENEFITS - JAN 2022 356073 1/3/22 580.00 CAMEON RETIREE HEALTH BENEFITS - JAN 2022 356074 1/3/22 400.00 CANEDO RETIREE HEALTH BENEFITS - JAN 2022 356075 1/3/22 620.00 CARRILLO RETIREE HEALTH BENEFITS - JAN 2022 356076 1/3/22 290.00 COLE RETIREE HEALTH BENEFITS - JAN 2022 356077 1/3/22 165.00 COLLINSON RETIREE HEALTH BENEFITS - JAN 2022 356078 1/3/22 420.00 CONDON RETIREE HEALTH BENEFITS - JAN 2022 356079 1/3/22 280.00 CORDERO RETIREE HEALTH BENEFITS - JAN 2022 356080 1/3/22 520.00 DALLA RETIREE HEALTH BENEFITS - JAN 2022 356081 1/3/22 900.00 DANESHFAR RETIREE HEALTH BENEFITS - JAN 2022 356082 1/3/22 250.00 DEESE RETIREE HEALTH BENEFITS - JAN 2022 356083 1/3/22 660.00 DESROCHERS RETIREE HEALTH BENEFITS - JAN 2022 356084 1/3/22 110.00 DIAZ RETIREE HEALTH BENEFITS - JAN 2022 356085 1/3/22 680.00 DILLARD RETIREE HEALTH BENEFITS - JAN 2022 356086 1/3/22 480.00 DREDGE RETIREE HEALTH BENEFITS - JAN 2022 356087 1/3/22 250.00 DUONG RETIREE HEALTH BENEFITS - JAN 2022 356088 1/3/22 280.00 EISER III RETIREE HEALTH BENEFITS - JAN 2022 356089 1/3/22 250.00 ESPIRITU RETIREE HEALTH BENEFITS - JAN 2022 356090 1/3/22 620.00 ETZLER RETIREE HEALTH BENEFITS - JAN 2022 356091 1/3/22 460.00 FABINSKI RETIREE HEALTH BENEFITS - JAN 2022 356092 1/3/22 220.00 FERNANDEZ RETIREE HEALTH BENEFITS - JAN 2022 356093 1/3/22 270.00 FIFIELD RETIREE HEALTH BENEFITS - JAN 2022 356094 1/3/22 540.00 GAUT RETIREE HEALTH BENEFITS - JAN 2022 356095 1/3/22 700.00 GELSKEY RETIREE HEALTH BENEFITS - JAN 2022 356096 1/3/22 115.00 GIBBS JR RETIREE HEALTH BENEFITS - JAN 2022 356097 1/3/22 120.00 GONZALES RETIREE HEALTH BENEFITS - JAN 2022 356098 1/3/22 480.00 HANSON RETIREE HEALTH BENEFITS - JAN 2022 356099 1/3/22 135.00 HARLAN RETIREE HEALTH BENEFITS - JAN 2022 356100 1/3/22 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - JAN 2022 356101 1/3/22 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - JAN 2022 356102 1/3/22 600.00 HERNANDEZ RETIREE HEALTH BENEFITS - JAN 2022 356103 1/3/22 400.00 HODGES RETIREE HEALTH BENEFITS - JAN 2022 356104 1/3/22 200.00 IBARRA RETIREE HEALTH BENEFITS - JAN 2022 356105 1/3/22 780.00 JONES RETIREE HEALTH BENEFITS - JAN 2022 356106 1/3/22 60.00 JONES RETIREE HEALTH BENEFITS - JAN 2022 356107 1/3/22 480.00 JUNIEL RETIREE HEALTH BENEFITS - JAN 2022 356108 1/3/22 50.00 KIMBLE RETIREE HEALTH BENEFITS - JAN 2022 356109 1/3/22 300.00 KLOS RETIREE HEALTH BENEFITS - JAN 2022 356110 1/3/22 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - JAN 2022 356111 1/3/22 660.00 LEACH RETIREE HEALTH BENEFITS - JAN 2022 356112 1/3/22 600.00 LIMFUECO RETIREE HEALTH BENEFITS - JAN 2022 356113 1/3/22 160.00 MATIENZO RETIREE HEALTH BENEFITS - JAN 2022 356114 1/3/22 100.00 MCCABE RETIREE HEALTH BENEFITS - JAN 2022 356115 1/3/22 280.00 WARRANT REGISTER # 27
1/6/2022
1/3
329 of 629

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 27
1/6/2022
MCDANIEL RETIREE HEALTH BENEFITS - JAN 2022 356116 1/3/22 290.00 MEDINA RETIREE HEALTH BENEFITS - JAN 2022 356117 1/3/22 105.00 MEEKS RETIREE HEALTH BENEFITS - JAN 2022 356118 1/3/22 460.00 MENDOZA RETIREE HEALTH BENEFITS - JAN 2022 356119 1/3/22 290.00 MINER RETIREE HEALTH BENEFITS - JAN 2022 356120 1/3/22 580.00 MORRISON RETIREE HEALTH BENEFITS - JAN 2022 356121 1/3/22 520.00 NAGLE RETIREE HEALTH BENEFITS - JAN 2022 356122 1/3/22 460.00 NOTEWARE RETIREE HEALTH BENEFITS - JAN 2022 356123 1/3/22 120.00 OLIVARES RETIREE HEALTH BENEFITS - JAN 2022 356124 1/3/22 280.00 OLIVERIA RETIREE HEALTH BENEFITS - JAN 2022 356125 1/3/22 360.00 PAUU JR RETIREE HEALTH BENEFITS - JAN 2022 356126 1/3/22 340.00 PE RETIREE HEALTH BENEFITS - JAN 2022 356127 1/3/22 300.00 PEASE JR RETIREE HEALTH BENEFITS - JAN 2022 356128 1/3/22 140.00 PETERS RETIREE HEALTH BENEFITS - JAN 2022 356129 1/3/22 290.00 POST RETIREE HEALTH BENEFITS - JAN 2022 356130 1/3/22 280.00 RAY RETIREE HEALTH BENEFITS - JAN 2022 356131 1/3/22 190.00 ROARK RETIREE HEALTH BENEFITS - JAN 2022 356132 1/3/22 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - JAN 2022 356133 1/3/22 260.00 RUIZ RETIREE HEALTH BENEFITS - JAN 2022 356134 1/3/22 310.00 SAINZ RETIREE HEALTH BENEFITS - JAN 2022 356135 1/3/22 300.00 SANCHEZ RETIREE HEALTH BENEFITS - JAN 2022 356136 1/3/22 330.00 SERVATIUS RETIREE HEALTH BENEFITS - JAN 2022 356137 1/3/22 340.00 SHOEMAKER RETIREE HEALTH BENEFITS - JAN 2022 356138 1/3/22 480.00 SILVA RETIREE HEALTH BENEFITS - JAN 2022 356139 1/3/22 580.00 SMITH RETIREE HEALTH BENEFITS - JAN 2022 356140 1/3/22 320.00 SMITH RETIREE HEALTH BENEFITS - JAN 2022 356141 1/3/22 560.00 STEWART RETIREE HEALTH BENEFITS - JAN 2022 356142 1/3/22 200.00 TIPTON RETIREE HEALTH BENEFITS - JAN 2022 356143 1/3/22 250.00 VERRY RETIREE HEALTH BENEFITS - JAN 2022 356144 1/3/22 280.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - JAN 2022 356145 1/3/22 480.00 VILLARIASA RETIREE HEALTH BENEFITS - JAN 2022 356146 1/3/22 480.00 WHITE RETIREE HEALTH BENEFITS - JAN 2022 356147 1/3/22 230.00 WILKINS RETIREE HEALTH BENEFITS - JAN 2022 356148 1/3/22 520.00 YBARRA RETIREE HEALTH BENEFITS - JAN 2022 356149 1/3/22 220.00 RETIREE HEALTH BENEFITS: 28,915.00
24 HOUR ELEVATOR INC CITY WIDE ELEVATOR SERVICE AND REPAIRS 35615 0 1/6/22 9,958.50 ANDERSON TRAINING REIM ICI HUMAN TRAFFICKING / PD 356151 1/6/22 97 .12 AZANN ENTERPRISE INC LUNCH - 12/08/21 DIRECTORS LUNCH AND STR 356 152 1/6/22 248.90 BROWDER TRAINING REIM FOR TACTICAL DISPATCHER / PD 356153 1/6/22 4 86.60 BURKE WILLIAMS & SORENSEN LLP PROFESSIONAL SERVICE RENDERED 3561 54 1/6/22 2,173.00 CLF WAREHOUSE INC MOP 80331 AUTO SUPPLIES-PW 356155 1/6/22 106.79 COUNTY OF SAN DIEGO POOL PERMIT 356156 1/6/22 432.00
DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356157 1/6/22 12,56 8.60 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356158 1/6/22 3,480 .00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356159 1/6/22 2,584 .76 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356160 1/6/22 1,501 .00 DPREP INC TRAINING TUITION DUI TRAFFIC UNIT / PD 356161 1/6/22 375 .00 HAAKER EQUIPMENT COMPANY SPRING REAR BROOM 356162 1/6/22 211.49 2/3
330 of 629

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 27
1/6/2022
HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDI NG 356163 1/6/22 389.70 JUDICATE WEST LIABILITY CLAIM COST 356164 1/6/22 1,900.00 LONG TRAINING REIM FOR CNOA CONFERENCE 356165 1/6/22 537.50 LOPEZ TRAINING REIM FOR TYLER NEW WORLD CA / PD 356166 1/6/22 229. 46 MARTINEZ CULTURE CLUB EXPENSE REIMBUSERSEMNT 356167 1/6/22 122.77 MESA REPROGRAPHICS 3,190 LG FORMAT B&W SCAN TO PDF / PW 356168 1/ 6/22 695.25 OLIVEWOOD GARDENS AND FACILITY RENTAL - 12/08/21 DIRECTORS LUNCH 356169 1/6/22 200.00 ORANGE COUNTY SHERIFF'S DEPT TRAINING TUITION PHYSCL INSTRCTOR / PD 356170 1/6/22 250.00 ORTIZ TRAINING REIM WOMEN LEADERS IN LAW ENFOR 356171 1/6/22 109.3 7 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES-PW 356172 1/6/2 2 199.31 PIERSON TRAINING ADV SUB TRNG COORDINATOR / PD 356173 1/6/22 277.6 8 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES-PW 356174 1/6/22 267. 73 PROFESSIONAL SEARCH GROUP LLC TEMP SVCS/FINANCE/CATHERINE BAUTIS TA-WK 356175 1/6/22 5,130.34 PRUDENTIAL OVERALL SUPPLY MOP FOR UNIFORM CLEANING SERVICE 35617 6 1/6/22 379.97 RED WING BUSINESS SAFETY BOOTS APPAREL AS NEEDED FOR EQM 356177 1 /6/22 244.95 SAN DIEGO MIRAMAR COLLEGE TRAINING POLICE ACADEMY YUEN AND AHUMA DA 356178 1/6/22 1,380.00 SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION ROT SEWARD 356179 1/6/ 22 46.00 SEPULVEDA REIMB / HEALTH SERVICES TRAINING 356180 1/6/22 100.00 SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR F Y22 356181 1/6/22 1,654.83 SILVER & WRIGHT LLP PROFESSIONAL LEGAL SERVICES RENDERED 356182 1/6/22 2,025.20 SMART & FINAL MOP NUTRITION CENTER FOOD SUPPLIES 356183 1/6/22 69. 78 SMART SOURCE OF CALIFORNIA LLC POLICE SUV STRESS RELIEVER 356184 1/6/22 4,659.83 SOSA EDUCATIONAL REIMBURSEMENT PD 356185 1/6/22 3,500.00 SOSA TRAINING ADV SUB PHYS INSTR / PD 356186 1/6/22 678.00 SOUTH COAST EMERGENCY SHEAVES FOR BASE OF LADDER / PW 356187 1/6/ 22 17,830.59 SOUTHERN CALIF TRUCK STOP MOP 45758 GENERAL SUPPLIES-PW 356188 1/ 6/22 90.46 SOUTHWEST SIGNAL SERVICE LIGHTING SERVICES / PW 356189 1/6/22 29,1 85.59 STAPLES BUSINESS ADVANTAGE WORKFIT-T DESK BLACK 356190 1/6/22 939. 94 SUPERIOR READY MIX ASPHALT, TACK 3/8 SHEET FOR FY 2022 356191 1/6 /22 151.50 SWEETWATER AUTHORITY WATER UTILITIES FOR FACILITIES FY 2022 35619 2 1/6/22 26,381.94 THOMSON REUTERS WEST THOMSON REUTERS WEST FOR CITY ATTORNEY'S 356 193 1/6/22 550.99 T'S & SIGNS T-SHIRT -ATHELETIC HEATHER WITH POCKET 356194 1/6/22 1 ,712.81 U S BANK CREDIT CARD EXPENSES/ CMO - WINNEY 356195 1/6/22 3,196.51 VELOCITY TRUCK CENTERS ENGINE AND TRANSMISSION PARTS 356196 1/6/ 22 4,623.32 WALTERS TRAINING SLI 4 / PD 356197 1/6/22 396.68
A/P Total 173,246.76

WIRED PAYMENTS
CENTER FOR PUBLIC SAFETY CPSM PROFESSIONAL SERVICES 298023 1/4/22 50,724.80 ADMINSURE INC WORKERS' COMP ACCOUNT REPLENISHMENT 298026 1/4/22 46 ,063.41 ARCO BUSINESS SOLUTIONS FUEL FOR CITY FLEET FY 22 368692 1/5/22 33 ,939.44 SECTION 8 HAPS Start Date End Date
12/31/2021 1/6/2022 1,038,955.23
GRAND TOTAL 1,342,929.64$
3/3
331 of 629

The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution by the City Council of the City of National City, California establishing Residential Permit Parking District “N” on south side of 300 block E. 27th Street and on both sides of “C” Avenue, south of 27th Street (TSC 2021-19). (Engineering/Public Works)
Please scroll down to view the backup material.
332 of 629

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: February 1’2022 AGENDA ITEM NO.

ITEM TITLE:

Public Hearing and Adoption of a Resolutionby the CityCouncil ofthe Cityof NationalCityestablishing Residential Permit Parking District“N" on south side of 300 block E. 27thStreet and on both sides of “C” Avenue, south of 27thStreet(TSC 2021—19).

PREPARED BY: Luca Zappiello,AssistantEngineer - Civil DEPARTMENT: Engin blicWorks PHONE: 619-336-4360 APPROVED BY:

EXPLANATION:

See attached.

FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: ms
[WA 1
ENVIRONMENTAL REVIEW:

N/A

FINAL ADOPTION:

INTRODUCTION: ORDINANCE:

STAFF RECOMMENDATION:

Hold publichearingand approve ResolutionestablishingResidentialPermit Parking District“N”.

BOARD l COMMISSION RECOMMENDATION:

At theirmeeting on October 13, 2021, the Trafﬁc Safety Committee unanimously approved the staffrecommendation to establish Residential Permit Parking District"N”
ATTACHMENTS:

Explanation w/Exhibits
Affidavitof Posting “Noticeof Public Hearing"
StaffReport to the TrafficSafety Committee on October 13, 2021 (T80 No. 2021—19) Resolution

PPN.‘

333 of 629

EXPLANATION
Mr. Miguel Mendoza and his neighbors have signed a petitionrequestingthatthe City establisha ResidentialParking Districton the south side of E. 27th Street and on both sides of “C" Avenue, south of 27th Street.Mr. Mendoza stated thatthere isa lack of on- streetparking availabledue to the apartments that are located on the north side of E. 27th Street since they have caused significantparking impacts. Mr. Mendoza also stated that the establishment of a ResidentialPermit Parking Districtis a potential solutionfor thisissue since itwould allow residentslivingin thisarea to park their vehicles infrontoftheirhouses.

Section 22507 of the CaliforniaVehicle Code allows jurisdictionsto create preferential parking permit programs through ordinance or resolutionbased on provisionsthat are reasonable and necessary to ensure the effectivenessofthe program. The ordinance or resolutionmay includea designationof certainstreetsupon which preferentialparking privilegesare given to residentsand merchants adjacent to the streetsfortheiruse and the use of theirguests. under which the residentsand merchants may be issued a permit or permits thatexempt them from the prohibitionor restrictionof the ordinance or resolution.

In addition to the provisions of Section 22507 of the CaliforniaVehicle Code, City Council Policy No. 710 “ResidentialPermit Parking Program" provides guidelines for establishingand regulatingresidentialpermit parking programs / districtsin National City.In determining whether a residentialarea identifiedas eligibleforresidentialpermit parking may be designated as a ResidentialPermit Parking District,City Council shall take intoaccount factorswhich includebut are not limitedto the following:
1) The extentof the desireand need forthe residentsto have residentialpermit parking;
2) The extent to which legal on-street parking spaces are occupied by motor vehiclesduring the period proposed forparking restriction; 3) The extent to which vehicles parking in the area during the period proposed for parking restrictionare commuter vehicles ratherthan residentvehicles; 4) The extent to which motor vehicles registered to persons residing within the proposed Residential Permit Parking District boundaries cannot be accommodated by the number of availableoff—streetparking spaces.

Currently,there are eleven active Residential Permit Parking Districtsin National City establishedthrough City Council Resolution:“A",‘",C“",D“E”,“",F“‘G, “",H“"I,“’J,“L" and “".M Parking District"K” was approved by CityCouncil,but willnot be posted until the redevelopment project on the northeast corner of National City Blvd and E. 16th Streetiscompleted. See attached map.

According to City Council Policythe followingminimum criteriamust be met inorder for a ResidentialParking Permit Districtto be considered:
334 of 629
1) The ResidentialParking Permit Districtshallconsistof at leastone side of a streetsection between two consecutive streets.This conditionismet. 2) A petitionshall be signed by 60 percent of the property owners within the proposed boundaries of the ResidentialParking Permit District.This conditionis met.
3) At least 70 percent of available curbside parking spaces are occupied by commuter vehicles(vehiclesregisteredto owners livingoutsideof the proposed parkingdistrictboundaries)duringthe time the parkingstudy isbeing conducted.

Thisconditionismet (see explanationbelow).

This item was presented to the TrafficSafety Committee (TSC) on October 13, 2021.

Mr. iVligueIMendoza and other residents livingin thisarea were in attendance at the meeting. Allof the residentsexpressed concerns about parking issues and agreed that the establishment of a ResidentialPermit Parking Districtis a potentialsolutionto addressing the lack of availableparking.

Parking enforcement officersfrom the City’sNeighborhood Services Divisionperformed licenseplatesurveys of vehiclesparked in the proposed Parking Districtover a two— week period. Data was collectedon various days of the week at 6:00 am. and again at 4:00 pm. The data shows thatduring 3 days of the parkingsurvey period,70% or more of the on—street parking was occupied by commuter vehicles.See attached Table | summary of parking survey results.Therefore, the thirdconditionof the City Council Policyismet.

Engineering staffdid an additionalstudy of parking occupancy to compare the number of area residentvehiclesversus the number of commuter vehicles.The resultof this study indicatesthat66 percent ofthe totalon-streetvehiclesparked withinthe proposed Districtboundary were occupied by vehicles not belonging to the residents of the proposed Parking Districtat 6:00 a.m., while 72 percent were occupied by vehicles not belonging to residentsof the proposed Parking Districtat 4:00 pm. See attached Table IIsummary of survey results.

Based on the above-mentioned conditions,stast recommendation is to support the establishment of a ResidentialPermit Parking Districton the south side of 300 block E. 27th Street and on both sides of “C” Avenue, south of 27th Street.The TrafficSafety Committee voted unanimously to support establishment of the parking district.

Ifapproved by CityCouncil,allwork willbe performed by City PublicWorks. 335 of 629
Proposed
Residential
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District
on
south
side
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300
block
E.
27th
Street
and
on
both
sides
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south
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(TSC
Item:
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336 of 629

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337 of 629
AFFIDAViT OF POSTING

NOTICE OF PUBLIC HEARING
State of California
County ofSan Diego
Roberto Yano, being firstduly sworn, certifies:

THAT he isnow and has been the DirectorPublicWorks/City Engineer of the Cityof NationalCity:

THAT the CityCouncil of NationalCitywillhold a PublicHearing on February 1, 2022, to consider ESTABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT “N” ON THE SOUTH SIDE OF 300 BLOCK E. 27TH STREET AND ON BOTH SIDES OF “C” AVENUE, SOUTH OF 27TH STREET, PURSUANT TO CITY COUNCIL POLICY 710 ENTITLED RESIDENTIAL PERMIT PARKING PROGRAM.

THAT he caused the notices of said Public Hearing to be posted at intervalsof no more than 100 feetas prescribedby law,on the 19‘“day ofJanuary 2022 and thereafter,he made thisafﬁdavitand fileditwith the City Clerk ofthe Cityof National City.

Dated atNationalCity,Californiathis19‘“day ofJanuary2022.

W MolinaLuz
DirectorPublicWorks/City Engineer City Clerk
338 of 629
Proposed
Residential
Parking
Permit
District
on
south
side
of
300
block
E.
27th
Street
and
on
both
sides
of
"C"
Avenue,
south
of
27th
Street
(TSC
Item:
2021-19)
In Construction
LEGEND - ”Rancho ArroyoVillas"
:4.

Proposed
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339 of 629

NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR OCTOBER 13,2021

ITEM TITLE: REQUEST TO ESTABLISH A RESIDENTIAL PARKING PERMIT DISTRICT “N” ON SOUTH SIDE OF 300 BLOCK E. 27TH STREET
AND ON BOTH SIDES OF “C” AVENUE SOUTH OF 27TH
STREET.

PREPARED BY: Luca Zappiello,Assistant Engineering - Civil Engineering& PublicWorks Department
DISCUSSION:

Mr. Miguel Mendoza and his neighbors have signed a petitionrequestingthat the City establisha ResidentialParking Districton the south side of E. 27‘hStreetand on both sides of “C" Avenue, south of 27“1Street.Mr. Mendoza stated thatthere is a lack of on-street parkingavailabledue to the apartmentsthatare locatedon the northsideof E. 27thStreet since they have caused significantparking impacts. Mr. Mendoza also stated that the establishment of a ResidentialPermit Parking Districtis a potentialsolutionfor thisissue since itwould allow residents livingin this area to park their vehicles in front of their houses.

Section 22507 of the CaliforniaVehicle Code allows jurisdictionsto create preferential parking permit programs through ordinance or resolution based on provisions that are reasonable and necessary to ensure the effectiveness of the program. The ordinance or resolution may include a designation of certain streets upon which preferentialparking privilegesare given to residentsand merchants adjacent to the streetsfortheiruse and the use of theirguests, under which the residentsand merchants may be issued a permit or permits that exempt them from the prohibitionor restrictionof the ordinance or resolution.

See attached copy of Section 22507 ofthe CaliforniaVehicle Code.

Currently, there are eleven active Residential Permit Parking Districtsin National City establishedthrough CityCouncil Resolution:“”,A"",C“D",”",E“"F “"G,“”,H“",|”"J,“L"and ”".M Parking District“K" was approved by City Council,but willnot be posted untilthe redevelopment projecton the northeast corner of National City Blvd and E. 16m Street is completed. See attached map.

With Mr. Mendoza’s initiative,a petitionwas created and distributedby residents around the neighborhood. The petitionwas then submitted to Engineering stafffor review. The neighborhood is composed of the following single-family residences on 271h Street: 304, 310, 336 and 344; the following single-familyresidences on “C" Avenue: 2702, 2718, 2728, 2736, 2735, 2725, 2739 and 2736.

According to City Council Policy the followingminimum criteriamust be met in order for a ResidentialParking Permit Districtto be considered:
340 of 629
1) The ResidentialParking Permit Districtshallconsistof at leastone side of a street section between two consecutive streets. This conditionismet. 2) A petitionshaltbe signed by 60 percent of the propertyowners withinthe proposed boundaries of the ResidentialParking Permit District.This conditionismet since the 60% of the property owners signed the petition.
3) At least70 percent of availablecurbside parkingspaces are occupied by commuter vehiclesduring the time the parking study is being conducted. This conditionis met. Please see explanation below.

Parking enforcement ofﬁcers from the City’sNeighborhood Services Divisionperformed licenseplate surveys of vehiclesparked in the proposed Parking Districtover a two-week period. Data was collectedon various days of the week at 6:00 a.m. and again at 4:00 pm.

The data shows that during 3 days of the parking survey period, 70% or more of the on- street parking was occupied by commuter vehicles. See attached Table | summary of parkingsurvey results.Therefore,the thirdconditionofthe CityCouncil Policyismet.

Engineering staffdid an additionalstudy of parking occupancy to compare the number of area residentvehiclesversus the number of commuter vehicles.The resultof thisstudy indicates that 66 percent of the totalon-street vehicles parked within the proposed District boundary were occupied by vehicles not belonging to the residentsof the proposed Parking Districtat 6:00 a.m., while 72 percent were occupied by vehicles not belonging to residents of the proposed Parking Districtat 4:00 pm. See attached Table IIsummary of survey results.

STAFF RECOMMENDATION:

Since allof the three conditionsof the City Council ResidentialPermit Parking District Policy are met, Engineering staffrecommends the establishment of Residential Parking District“N" on the south side of 300 block E. 27‘h Street and on both sides of “C" Avenue, south of27‘"Street.

EXHIBITS:

Resident’s Request
Petition
Public Notice
Location Map
Photos
Parking Occupancy Survey ResultsTable |& Table II
ExistingResidentialPermit Parking DistrictMap
Section 22507 ofthe CaliforniaVehicleCode
ResidentialPermit Parking Program - PolicyNumber 710939°.V939959NT‘ 2021-19
341 of 629

PUBLIC REQUEST FORM

ContactInformation
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Request Received By: Date:

Received via: Caunter/ln-Person—lTelephone Emall Fax Referral:

AssignedTo:

Notes:

342 of 629
REg QUEST FOR RESIDENTIAL PERMIT PARKIN G DISTRICT

PETITION TO ESTABLISH A RESIDENTIAL PERMIT PARKING DISTRICT ON THE SOUTH SIDE OF E 27TH STREET BETWEEN “C” AVENUE AND “D” AVENUE AND ON THE EAST AND WEST SIDEQ “C.?’/AVE

,SOUTH OF E 27TH STREET.

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343 of 629
* CALIFORNIA '-"
TIMNAL CINAﬁ—A 1133!!rainy‘7 INCORPORATE“
October 4. 2021
Resident/Property Owner
Subject: TRAFFIC SAFETY COMMITTEE FOR THE PROPOSED RESIDENTIAL PARKING DISTRICT ON 300 BLOCK 27TH STREET AND 2700 BLOCK ”C" AVENUE (TSC 2021-19) Dear Sir/Madame:

The City of National City would liketo inviteyou to our next public Trafﬁc Safety Committee Conference Call scheduled for Wednesday, October 13, 2021, at 1:00 PM. via Zoom. Please use the followinginformationto calI—into the meeting during the scheduled time:

Join Zoom Meeting from comguter
https://u306web.zoom.us/i/835645529657vadZMD1TLOZszVtathcGQKTOchGvaT09 Join Zoom Meeting by Qhone
+1 720 707 2699
Meeting ID: 835 6455 2965
Passcode: 335095
Purgose of the meeting.

The City received a petitionfrom the residentsrequestingto establisha new ResidentialParking District(District)on 300 block 27m Streetand 2700 block "C" Avenue (see attached map), Please note that ifthe Districtis approved, QLN the residents that are included in the area shown on the attached map willbe eligibleto obtain a residentialparking permit. Therefore, if you liveoutside the proposed Districtyou willnot be eligibleto park your vehicleinthe proposed Districtarea. Please note thatthe Districtwillbe validfor24 hours a day. 7 days a week.

Ifthe Districtis approved. for the residents currentlylivingin the new District,in order to continue to park in the District,you would need obtain a residentialparking permit. The current cost and number of permits availableto area residentsinthe Districtare described below:
. Annual Parking Permit — Single family residences and multi-familyresidences with up to 4 unitsshallbe limitedto a maximum oftwo annual residentialparking permits per house or unit.The cost is$30.00 per each annual parking permit.

1243 NationalCityBoulevard, NationalCity,CA 91950-6530
(619) 336—4380 Fax (619) 336-4397 [email protected] 344 of 629

Page 2 ends

National City City CouncilFebruary 1, 2022

National City City Council
February 1, 2022