18-117 price increase - encompas

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AMENDMENT TO CONTRACT Annual Supply Office Seating Bid No. 18-117

City of Lincoln, Lancaster County and City of Lincoln-Lancaster County Public Building Commission

Price Increase and Product Reduction encompas

This Amendment is hereby entered into by and between encompas, 707 S 15th Street, Omaha, NE 68102 (hereinafter “Contractor”) and the City of Lincoln, Lancaster County and the City of Lincoln-Lancaster County Public Building Commission (hereinafter “Owners”), for the purpose of amending the Contract dated June 19, 2018, executed under City Executive Order No. 91945, and County Contract C-18-0288, dated June 19, 2018, and executed by the City of Lincoln-Lancaster County Public Building Commission, on July 10, 2018, for Annual Supply - Office Seating, Bid No. 18-117, which is made a part of this amendment by this reference. WHEREAS, the parties hereby amend the Contract to reflect a price increase, per Attachment A; and WHEREAS, the parties hereby amend the Contract to remove the Haworth: Improv H.E. Task Chair and Haworth: Soji Task Chair as a purchase consideration; and

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained in the Contract, under City Executive Order No. 91945, and County Contract C-18-0288 and stated herein the parties agree as follows: 1) The parties hereby amend the Contract to reflect a price increase, per Attachment A. 2) The parties hereby amend the Contract to remove the Haworth: Improv H.E. Task Chair

and Haworth: Soji Task Chair as a purchase consideration. 3) All other terms of the Contract, not in conflict with this Amendment, shall remain in full

force and effect. The Parties do hereby agree to all the terms and conditions of this Amendment. This Amendment shall be binding upon the parties, their heirs, administrators, executors, legal and personal representatives, successors, and assigns. IN WITNESS WHEREOF, the Parties do hereby execute this Amendment upon completion of signatures on: Vendor Signature Page City of Lincoln Signature Page Lancaster County Signature Page City of Lincoln-Lancaster County Public Building Commission Signature Page

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Vendor Signature Page

AMENDMENT TO CONTRACTAnnual SupplyOffice SeatingBid No. 18-117

City of Lincoln, Lancaster County andCity of Lincoln-Lancaster County Public Building Commission

Price Increase and Product Reductionencompas

Please sign, date and return within 5 days of receipt.

Mail to: City/County PurchasingAttn; Brianne Crooks440 So. 8th St, Ste. 200Lincoln, NE 68508Or email to: [email protected]

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City of Lincoln Signature Page

___________________________________________________________________________




EXECUTION BY THE CITY OF LINCOLN, NEBRASKA

ATTEST: ___________________________________ City Clerk

CITY OF LINCOLN, NEBRASKA __________________________________________ Finance Director Approved by Directorial Order No._______________ dated _____________________________________

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Lancaster County Signature Page

____________________________________________________________________________




EXECUTION BY LANCASTER COUNTY, NEBRASKA

The Board of County Commissioners of Lancaster, Nebraska

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

dated _________________________________

Contract Approved as to Form: ______________________________________ Deputy Lancaster County Attorney

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City of Lincoln-Lancaster County Public Building Commission

Signature Page

___________________________________________________________________________




EXECUTION BY LINCOLN-LANCASTER COUNTY PUBLIC BUILDING COMMISSION

ATTEST: ______________________________________ ____________________________________ Public Building Commission Attorney Chairperson, Public Building Commission dated _______________________________

Attachment A

August 25,2021

Lancaster County Public Building Commission

City/County Purchasing

Sharon Mulder

440 South 8th Street Suite 200

Lincoln, NE 68508

DearSharon:

Subject: October 2021 Haworth North America Price Adjustment

Over the last six months Haworth has continued to experience significant increases in raw material and

transportation costs. While we continue to focus on delivering our industry's best value, these increases

have outpaced our ability to absorb them. Haworth is committed to providing you with innovative

workspace products and services. We continue to believe that our solutions can dramatically improve

the quality of your office environment, the effectiveness of your employees and your overall return on

investment. Therefore, Haworth will be adjusting its commercial prices effective for Lincoln Lancaster on

October 1, 2021. Haworth seating on your contract has not taken a price increase since 2019.

In accordance with the terms of your sales agreement, this letter serves as advance notice of the price

adjustment. Your Haworth representative is available to answer any questions you may have about this

adjustment.

Haworth appreciates your business. We pledge to continue to invest the necessary energy and

resources to help you create truly fluid environments that look great and keep you in front of change.

We look forward to supporting your continued success.

Sincerely,

HAWORTH, INC.

@e©©

encompas

HAWORTH

encompas

Fabric:

Haworth: Zody Task ChairOrder: ff SZT-20-724MA5 $705.53

(Delivery: $59.50 for 1st chair.......$15.85 for each additional chair on same order)

^example: Barque / Willow 7-WL.... .see Seating Fabric pattern cards)

Trim: Black/TR-F ^-^y^- Smoke/TR-E

(example: Black/TR-F..........................see options above)

Mesh Back: Comfort / MA-2 Gusto/MA-5 B Calm/ MA-9

Hush/MA-10 WS0[Q Relax / MA-4 Joy/MA-11 Support / MA-1

B® Wellness / MA-3 Tranquil / MA-12 Zen / MA-13

(example: Relax/MA-4.......................... see options above & Zody Mesh sample ring)

Base: Black/TR-F

uuorkploce furniture + aiorkploce solutions1425 Jones street t: 40s.49Q.'72')i

omoho, nebrosko 68102 F: 402.001.7472

encompas

Fabric:

Haworth: Fern Task Chair

Order: # SFT-UO-7S11A5 $783.30

(Delivery: $59.50 for 1st chair.......$15.85 for each additional chair on same order)

_(example: Blanket / Beach 4H-BE .....see Seating Fabric pattern cards)

Trim: Black/TR-F Fog/TR-7

(example: Black/TR-F.......................... see options above)

Mesh Back: Beach/MB-BE Coal/MB-CL

Cornflower/MB-CF

Mushroom/MB-MR

Sedum/MB-SE

Loam/MB-LM

Peat Moss/MB-PM

Silver Leaf/MB-SL

Moonflower/MB-MF

River Rock/MB-RR

Sunflower/MB-SU

Mulch/MB-MU

(example: Beach /MB-BE.......................... see options above & Fern Mesh sample ring)

Base: Pitch/TR-TF Metallic Champagne / TR-MC

Metallic Silver/TR-LE

(example: Metallic Silver/TR-LE..........................see options above & on Finishes card)

uuorkploce furniture + uuorkplace solutions142^ Jones street t: 402.400.72^1

omoho, nebrosko 68102 F: 402.091.7472

Clientff: 11162 ENCOMCOR

ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

6/16/2021THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer any rights to the certificate holder in lieu of such endorsements).

PRODUCER

Haas & Wilkerson Insurance

4300 Shawnee Mission ParkwayFairway, KS 66205913432-4400

INSUREDencompas corporation

1512 Grand BlvdKansas City, MO 64108

5^ACT Kathleen KramerPHONE Qd Q C7C_Q01^ I FAX(A/C; No, Ext); » 1.3 O/ 0-a^t | (A/C, Me

iiSi^ss: [email protected]

INSURER(S) AFFORDING COVERAGE

INSURER A: Hartford Casualty Insurance Company

INSURER B : Hartford Underwriters Ins. Co.

INSURER c; Sentinel Insurance Company LTD

INSURER D ;

INSURER E :

INSURER F ;

NAICS

294243010411000

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 PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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.

INSRlLTR'

A

c

A

B

TVPE OF INSURANCE

xl COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE I X| OCCUR

GEN'L AGGREGATE LIMIT APPLIES PER:PF

POLICY |_AI JE

OTHER:

AUTOMOBILE LIABILITY

xl

xl

xl

ANY AUTOOWNEDAUTOS ONLYHIREDAUTOS ONLY

41T APPLIES PER:0-

;T |_| LOG

Y

x

UMBRELLA LIAB

EXCESS LIAB

S(AlN(Al

HEDULEDTOSN-OWNEDTOS ONLY

OCCUR

CLAIMS-MADE

_DED_

WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY y ; ^ANY PROPRIETOR/PARTNER/EXECUTIVElOFFICER/MEMBER EXCLUDED? | N(Mandatory in NH)Ifves, describe underDESCRIPTION OF OPERATIONS below

^DDLNSR

N/A

SUBFWVD POLICY NUMBER

37SBARG7859

37UECVT6194

37SBARG7859

37WECCC3741

.roycYEFf..(MM/DD/YYri')

31/05/2021

)1/05/2021

M/05/2021

31/05/2021

.POUCYEXP,(MM/DD/YYYY)

01/05/202;

01/05/2022

01/05/2022

01/05/2022

LIMITS

EACH OCCURRENCEDAMAGE TQ RENTEDPREMISES (Ea occurrence)

MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT(Ea accident)BODILY INJURY (Par person)

BODILY INJURY (Per accident)PROPERrr' DAMAGE(Per accident)

EACH OCCURRENCE

AGGREGATE

PER I IOTH-STATUTE I IER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEEI

E.L. DISEASE-POLICY LIMIT

$2,000,000

$300,000$10,000$2,000,000$4,000,000$4,000,000$

$1,000,000$

$$

$

$4,000,000

$4,000,000

$

$1,000,000

$1,000,000

$1,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)

RE: All ProjectsCity of Lincoln, Lancaster County and Lincoln-Lancaster County Public Building Commission are additional

insureds as respects general liability and auto liability when required by written contract. Waiver of

Subrogation applies in favor of City of Lincoln, Lancaster County and Lincoln-Lancaster County Public

Building Commission in regards to workers compensation as allowed by statute and required by written

contract.UmbreIla is follow form.

CERTIFICATE HOLDER

City of Lincoln, Lancaster

County & Lincoln-Lancaster

County

Public Building Commission555 8.1 Oth Street

I Lincoln, NE 68508

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

/Us&^^Ms^-^-

ACORD25(2016/03) 1#8493971/M466829

of 1

© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks ofACORDMANOA

QUICK REFERENCEBUSINESS LIABILITY COVERAGE FORMREAD YOUR POLICY CAREFULLY

BUSINESS LIABILITY COVERAGE FORM Beginning on Page

A. COVERAGES 1Business Liability 1Medical Expenses 2Coverage Extension - Supplementary Payments 2

B. EXCLUSIONS 3

C. WHO IS AN INSURED 10

D. LIABILITY AND MEDICAL EXPENSESLIMITS 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

Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORMVarious provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and whatis 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 AndMedical Expenses Definitions.

A. COVERAGES1. BUSINESS LIABILITY COVERAGE (BODILY

INJURY, PROPERTY DAMAGE, PERSONALAND ADVERTISING INJURY)

Insuring Agreement

a. We will pay those sums that the insuredbecomes legally obligated to pay asdamages because of "bodily injury","property damage" or "personal andadvertising injury" to which this insuranceapplies. We will have the right and duty todefend the insured against any "suit"seeking those damages. However, we willhave no duty to defend the insured againstany "suit" seeking damages for "bodilyinjury", "property damage" or "personal andadvertising injury" to which this insurance

does not apply.

We may, at our discretion, investigate any"occurrence" or offense and settle any claimor "suit" that may result. But:

(1) The amount we will pay for damages islimited as described in Section D. -Liability And Medical Expenses LimitsOf Insurance; and

(2) Our right and duty to defend ends whenwe have used up the applicable limit ofinsurance in the payment of judgments,settlements or medical expenses to whichthis insurance applies.

No other obligation or liability to pay sums orperform acts or services is covered unlessexplicitly provided for under CoverageExtension - Supplementary Payments.

b. This insurance applies:

(1) To "bodily injury" and "propertydamage" only if:

(a) The "bodily injury" or "propertydamage" is caused by an"occurrence" that takes place in the"coverage territory";

(b) The "bodily injury" or "propertydamage" occurs during the policyperiod; and

(c) Prior to the policy period, no insuredlisted under Paragraph 1. of SectionC. - Who Is An Insured and no"employee" authorized by you to giveor 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 listedinsured or authorized "employee"knew, prior to the policy period, thatthe "bodily injury" or "propertydamage" occurred, then anycontinuation, change or resumptionof such "bodily injury" or "propertydamage" during or after the policyperiod will be deemed to have beenknown prior to the policy period.

(2) To "personal and advertising injury"caused by an offense arising out of yourbusiness, but only if the offense wascommitted in the "coverage territory"

during the policy period.

"Bodily injury" or "property damage" will bedeemed to have been known to haveoccurred at the earliest time when anyinsured listed under Paragraph 1. of SectionC. - Who Is An Insured or any "employee"

authorized by you to give or receive noticeof an "occurrence" or claim:

(1) Reports all, or any part, of the "bodilyinjury" or "property damage" to us orany other insurer;

Form S3 00 08 04 05© 2005, The Hartford

Page 1 of 24

BUSINESS LIABILITY COVERAGE FORM

(2) Receives a written or verbal demand orclaim for damages because of the "bodilyinjury" or "property damage"; or

(3) Becomes aware by any other means that"bodily injury" or "property damage" hasoccurred or has begun to occur.

d. Damages because of "bodily injury" includedamages claimed by any person ororganization for care, loss of services ordeath resulting at any time from the "bodilyinjury".

e. Incidental Medical Malpractice

(1) "Bodily injury" arising out of therendering of or failure to renderprofessional health care services as aphysician, dentist, nurse, emergencymedical technician or paramedic shallbe deemed to be caused by an"occurrence", but only if:

(a) The physician, dentist, nurse,emergency medical technician orparamedic is employed by you toprovide such services; and

(b) You are not engaged in thebusiness or occupation of providingsuch services.

(2) For the purpose of determining thelimits of insurance for incidental medicalmalpractice, any act or omissiontogether with all related acts oromissions in the furnishing of theseservices to any one person will beconsidered one "occurrence".

2. MEDICAL EXPENSES

Insuring Agreement

a. We will pay medical expenses as describedbelow for "bodily injury" caused by anaccident:

(1) On premises you own or rent;

(2) On ways next to premises you own orrent; or

(3) Because of your operations;

provided that:

(1) The accident takes place in the"coverage territory" and during thepolicy period;

(2) The expenses are incurred and reportedto us within three years of the date ofthe accident; and

(3) The injured person submits toexamination, at our expense, byphysicians of our choice as often as wereasonably require.

b. We will make these payments regardless offault. These payments will not exceed theapplicable limit of insurance. We will payreasonable expenses for:

(1) First aid administered at the time of anaccident;

(2) Necessary medical, surgical, x-ray anddental services, including prostheticdevices; and

(3) Necessary ambulance, hospital,professional nursing and funeralservices.

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 bondsrequired because of accidents or trafficlaw violations arising out of the use ofany vehicle to which Business LiabilityCoverage for "bodily injury" applies. Wedo not have to furnish these bonds.

(3) The cost of appeal bonds or bonds torelease attachments, but only for bondamounts within the applicable limit ofinsurance. We do not have to furnishthese bonds.

(4) All reasonable expenses incurred by theinsured at our request to assist us in theinvestigation or defense of the claim or"suit", including actual loss of earningsup to $500 a day because of time offfrom work.

(5) All costs taxed against the insured inthe "suit".

(6) Prejudgment interest awarded againstthe insured on that part of the judgmentwe pay. If we make an offer to pay theapplicable limit of insurance, we will notpay any prejudgment interest based onthat period of time after the offer.

(7) All interest on the full amount of anyjudgment that accrues after entry of thejudgment and before we have paid,offered to pay, or deposited in court thepart of the judgment that is within theapplicable limit of insurance.

Any amounts paid under (1) through (7)above will not reduce the limits of insurance.

Page 2 of 24 Form S3 00 08 04 05


b. If we defend an insured against a "suit"and an indemnitee of the insured is alsonamed as a party to the "suit", we willdefend that indemnitee if all of thefollowing conditions are met:

(1) The "suit" against the indemniteeseeks damages for which the insuredhas assumed the liability of theindemnitee in a contract or agreementthat is an "insured contract";

(2) This insurance applies to such liabilityassumed by the insured;

(3) The obligation to defend, or the cost ofthe defense of, that indemnitee, hasalso been assumed by the insured inthe same "insured contract";

(4) The allegations in the "suit" and theinformation we know about the"occurrence" are such that no conflictappears to exist between the interestsof the insured and the interest of theindemnitee;

(5) The indemnitee and the insured askus to conduct and control the defenseof that Indemnitee against such "suit"and agree that we can assign thesame counsel to defend the insuredand the indemnitee; and

(6) The indemnitee:

(a) Agrees in writing to:

(i) Cooperate with us in theinvestigation, settlement ordefense of the "suit";

(ii) Immediately send us copies ofany demands, notices,

summonses or legal papersreceived in connection withthe "suit";

(iii) Notify any other insurer whosecoverage is available to theindemnitee; and

(iv) Cooperate with us withrespect to coordinating otherapplicable insurance availableto the indemnitee; and

(b) Provides us with writtenauthorization to:

(i) Obtain records and otherinformation related to the"suit"; and

(ii) Conduct and control thedefense of the indemnitee insuch "suit".

So long as the above conditions are met,attorneys' fees incurred by us in thedefense of that indemnitee, necessarylitigation expenses incurred by us andnecessary litigation expenses incurredby the indemnitee at our request will bepaid as Supplementary Payments.

Notwithstanding the provisions ofParagraph 1.b.(b) of Section B. -Exclusions, such payments will not bedeemed to be damages for "bodilyinjury" and "property damage" and willnot reduce the Limits of Insurance.

Our obligation to defend an insured'sindemnitee and to pay for attorneys' feesand necessary litigation expenses asSupplementary Payments ends when:

(1) We have used up the applicable limitof insurance in the payment ofjudgments or settlements; or

(2) The conditions set forth above, or theterms of the agreement described inParagraph (6) above, are no longer met.

B. EXCLUSIONS1. 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 thestandpoint of the insured. Thisexclusion does not apply to "bodilyinjury" or "property damage" resultingfrom the use of reasonable force toprotect persons or property; or

(2) "Personal and advertising injury" arisingout of an offense committed by, at thedirection of or with the consent oracquiescence of the insured with theexpectation of inflicting "personal andadvertising injury".

b. Contractual Liability

(1) "Bodily injury" or "property damage"; or

(2) "Personal and advertising injury"

for which the insured is obligated to paydamages by reason of the assumption ofliability in a contract or agreement.

This exclusion does not apply to liabilityfor damages because of:

(a) "Bodily injury", "property damage" or"personal and advertising injury" thatthe insured would have in theabsence of the contract oragreement; or

Form SS 00 08 04 05 Page 3 of 24


(b) "Bodily injury" or "property damage"

assumed in a contract or agreementthat is an "insured contract",

provided the "bodily injury" or"property damage" occurssubsequent to the execution of thecontract or agreement. Solely forthe purpose of liability assumed inan "insured contract", reasonable

attorneys' fees and necessarylitigation expenses incurred by or fora party other than an insured aredeemed to be damages because of"bodily injury" or "property damage"provided:

(i) Liability to such party for, or forthe cost of, that party's defensehas also been assumed in thesame "insured contract", and

(ii) Such attorneys' fees andlitigation expenses are fordefense of that party against acivil or alternative disputeresolution proceeding in whichdamages to which thisinsurance applies are alleged.

c. Liquor Liability

"Bodily injury" or "property damage" forwhich any insured may be held liable byreason of:

(1) Causing or contributing to theintoxication of any person;

(2) The furnishing of alcoholic beverages toa person under the legal drinking age orunder the influence of alcohol; or

(3) Any statute, ordinance or regulationrelating to the sale, gift, distribution oruse of alcoholic beverages.

This exclusion applies only if you are In thebusiness of manufacturing, distributing,selling, serving or furnishing alcoholicbeverages.

d. Workers' Compensation And SimilarLaws

Any obligation of the insured under aworkers' compensation, disability benefitsor unemployment compensation law orany similar law.

e. Employer's Liability

"Bodily injury" to:

(1) An "employee" of the insured arisingout of and in the course of:

(a) Employment by the insured; or

(b) Performing duties related to theconduct of the insured's business, or

(2) The spouse, child, parent, brother orsister of that "employee" as aconsequence of (1)above.

This exclusion applies:

(1) Whether the insured may be liable asan employer or in any other capacity;and

(2) To any obligation to share damageswith or repay someone else who mustpay damages because of the injury.

This exclusion does not apply to liabilityassumed by the insured under an "insuredcontract".

f. Pollution

(1) "Bodily injury", "property damage" or"personal and advertising injury"arising out of the actual, alleged orthreatened discharge, dispersal,seepage, migration, release or escapeof "pollutants":

(a) At or from any premises, site orlocation which is or was at anytime owned or occupied by, orrented or loaned to any insured.However, this subparagraph doesnot apply to:

(i) "Bodily injury" if sustained withina building and caused bysmoke, fumes, vapor or soot

produced by or originating fromequipment that is used to heat,cool or dehumidify the building,or equipment that is used toheat water for personal use, bythe building's occupants or their

guests;

(ii) "Bodily injury" or "propertydamage" for which you may beheld liable, if you are acontractor and the owner orlessee of such premises, site orlocation has been added to yourpolicy as an additional insuredwith respect to your ongoingoperations performed for thatadditional insured at that

premises, site or location andsuch premises, site or locationis not and never was owned oroccupied by, or rented orloaned to, any insured, otherthan that additional insured; or

Page 4 of 24 Form SS 00 08 04 05


(iii) "Bodily injury" or "propertydamage" arising out of heat,smoke or fumes from a"hostile fire";

(b) At or from any premises, site orlocation which is or was at anytime used by or for any insured orothers for the handling, storage,disposal, processing or treatmentof waste;

(c) Which are or were at any timetransported, handled, stored,treated, disposed of, or processedas waste by or for:

(i) Any insured; or

(ii) Any person or organization forwhom you may be legallyresponsible;

(d) At or from any premises, site orlocation on which any insured orany contractors or subcontractorsworking directly or indirectly onany insured's behalf areperforming operations if the"pollutants" are brought on or tothe premises, site or location inconnection with such operationsby such insured, contractor orsubcontractor. However, this

subparagraph does not apply to:

(i) "Bodily injury" or "propertydamage" arising out of theescape of fuels, lubricants orother operating fluids which areneeded to perform the normalelectrical, hydraulic ormechanical functionsnecessary for the operation of"mobile equipment" or its parts,if such fuels, lubricants or otheroperating fluids escape from avehicle part designed to hold,store or receive them. This

exception does not apply if the"bodily injury" or "propertydamage" arises out of theintentional discharge, dispersalor release of the fuels,lubricants or other operatingfluids, or if such fuels,lubricants or other operatingfluids are brought on or to thepremises, site or location withthe intent that they bedischarged, dispersed or

released as part of theoperations being performedby such insured, contractor orsubcontractor;

(ii) "Bodily injury" or "propertydamage" sustained within abuilding and caused by therelease of gases, fumes or

vapors from materials broughtinto that building in connectionwith operations being performedby you or on your behalf by acontractor or subcontractor; or

(iii) "Bodily injury" or "propertydamage" arising out of heat,smoke or fumes from a"hostile fire"; or

(e) At or from any premises, site orlocation on which any insured or anycontractors or subcontractorsworking directly or indirectly on anyinsured's behalf are performingoperations if the operations are totest for, monitor, clean up, remove,

contain, treat, detoxify or neutralize,or in any way respond to, or assessthe effects of, "pollutants".

(2) Any loss, cost or expense arising outof any:

(a) Request, demand, order or statutoryor regulatory requirement that anyinsured or others test for, monitor,clean up, remove, contain, treat,

detoxify or neutralize, or in any wayrespond to, or assess the effects of,"pollutants"; or

(b) Claim or suit by or on behalf of agovernmental authority fordamages because of testing for,monitoring, cleaning up, removing,containing, treating, detoxifying orneutralizing, or in any wayresponding to, or assessing theeffects of, "pollutants".

However, this paragraph does notapply to liability for damages becauseof "property damage" that the insuredwould have in the absence of suchrequest, demand, order or statutory orregulatory requirement, or such claimor "suit" by or on behalf of agovernmental authority.

Form SS 00 08 04 05 Page 5 of 24


g. Aircraft, Auto Or Watercraft

"Bodily injury" or "property damage" arisingout of the ownership, maintenance, use orentrustment to others of any aircraft, "auto"or watercraft owned or operated by or rentedor loaned to any insured. Use includesoperation and "loading or unloading".

This exclusion applies even if the claimsagainst any insured allege negligence orother wrongdoing in the supervision, hiring,employment, training or monitoring of othersby that insured, if the "occurrence" whichcaused the "bodily injury" or "propertydamage" involved the ownership,maintenance, use or entrustment to others ofany aircraft, "auto" or watercraft that isowned or operated by or rented or loaned toany Insured.

This exclusion does not apply to:

(1) A watercraft while ashore on premisesyou 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 personsfor a charge;

(3) Parking an "auto" on, or on the waysnext to, premises you own or rent,

provided the "auto" is not owned by orrented or loaned to you or the insured;

(4) Liability assumed under any "insuredcontract" for the ownership,maintenance or use of aircraft orwatercraft;

(5) "Bodily injury" or "property damage"arising out of the operation of any ofthe equipment listed in Paragraph f.(2)or f.(3) of the definition of "mobileequipment"; or

(6) An aircraft that is not owned by anyinsured and is hired, chartered or loanedwith a paid crew. However, thisexception does not apply if the insuredhas any other insurance for such "bodilyInjury" or "property damage", whetherthe 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 orrented or loaned to any insured; or

(2) The use of "mobile equipment" in, orwhile in practice or preparation for, aprearranged racing, speed ordemolition contest or in any stuntingactivity.

i. War

"Bodily injury", "property damage" or"personal and advertising injury", howevercaused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) Warlike action by a military force,including action in hindering ordefending against an actual orexpected attack, by any government,sovereign or other authority usingmilitary personnel or other agents; or

(3) Insurrection, rebellion, revolution,usurped power, or action taken bygovernmental authority in hindering ordefending against any of these.

j. Professional Services

"Bodily injury", "property damage" or"personal and advertising injury" arisingout of the rendering of or failure to renderany professional service. This includesbut is not limited to:

(1) Legal, accounting or advertisingservices;

(2) Preparing, approving, or failing toprepare or approve maps, shopdrawings, opinions, reports, surveys,

field orders, change orders, designs ordrawings and specifications;

(3) Supervisory, inspection, architecturalor engineering activities;

(4) Medical, surgical, dental, x-ray ornursing services treatment, advice orinstruction;

(5) Any health or therapeutic servicetreatment, advice or instruction;

(6) Any service, treatment, advice orinstruction for the purpose ofappearance or skin enhancement, hairremoval or replacement or personalgrooming;

(7) Optical or hearing aid servicesincluding the prescribing, preparation,fitting, demonstration or distribution ofophthalmic lenses and similarproducts or hearing aid devices;

Page 6 of 24 Form S3 00 08 04 05


(8) Optometry or optometric servicesincluding but not limited to examinationof the eyes and the prescribing,preparation, fitting,demonstration ordistribution of ophthalmic lenses andsimilar products;

(9) Any:(a) Body piercing (not including ear

piercing);

(b) Tattooing, including but not limitedto the insertion of pigments into orunder the skin; and

(c) Similar services;

(10) Services in the practice of pharmacy;and

(11) Computer consulting, design orprogramming services, including website design.

Paragraphs (4) and (5) of this exclusion donot apply to the Incidental MedicalMalpractice coverage afforded underParagraph 1.e. in Section A. - Coverages.

k. Damage To Property

"Property damage" to:

(1) Property you own, rent or occupy,including any costs or expensesincurred by you, or any other person,organization or entity, for repair,replacement, enhancement,

restoration or maintenance of suchproperty for any reason, includingprevention of injury to a person ordamage to another's property;

(2) Premises you sell, give away orabandon, If the "property damage" arisesout of any part of those premises;

(3) Property loaned to you;

(4) Personal property in the care, custodyor control of the insured;

(5) That particular part of real property onwhich you or any contractors orsubcontractors working directly orindirectly on your behalf are performingoperations, if the "property damage"arises out of those operations; or

(6) That particular part of any propertythat must be restored, repaired orreplaced because "your work" was

incorrectly performed on it.

Paragraphs (1), (3) and (4) of thisexclusion do not apply to "propertydamage" (other than damage by fire) topremises, including the contents of suchpremises, rented to you for a period of 7 orfewer consecutive days. A separate Limitof Insurance applies to Damage ToPremises Rented To You as described inSection D. - Limits Of Insurance.

Paragraph (2) of this exclusion does notapply if the premises are "your work" andwere never occupied, rented or held forrental by you.

Paragraphs (3) and (4) of this exclusion donot apply to the use of elevators.

Paragraphs (3), (4), (5) and (6) of thisexclusion do not apply to liability assumedunder a sidetrack agreement.

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

Paragraph (6) of this exclusion does notapply to "property damage" included in the"products-completed operations hazard".

I. 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" arisingout of it or any part of it and included in the"products-completed operations hazard".

This exclusion does not apply if thedamaged work or the work out of whichthe damage arises was performed on yourbehalf by a subcontractor.

n. Damage To Impaired Property OrProperty Not Physically Injured

"Property damage" to "impaired property"or property that has not been physicallyinjured, arising out of:

(1) A defect, deficiency, inadequacy ordangerous condition in "your product"or "your work"; or

(2) A delay or failure by you or anyoneacting on your behalf to perform acontract or agreement in accordancewith its terms.

This exclusion does not apply to the lossof use of other property arising out ofsudden and accidental physical injury to"your product" or "your work" after it hasbeen put to its intended use.

Form SS 00 08 04 05 Page 7 of 24


o. Recall Of Products, Work Or ImpairedProperty

Damages claimed for any loss, cost orexpense incurred by you or others for theloss of use, withdrawal, recall, inspection,repair, replacement, adjustment, removalor disposal of:

(1) "Your product";

(2) "Your work"; or

(3) "Impaired property";

if such product, work or property iswithdrawn or recalled from the market orfrom use by any person or organizationbecause of a known or suspected defect,deficiency, inadequacy or dangerouscondition in it.

p. Personal And Advertising Injury

"Personal and advertising injury":

(1) Arising out of oral, written or electronicpublication of material, if done by or atthe direction of the insured withknowledge of its falsify;

(2) Arising out of oral, written or electronicpublication of material whose firstpublication took place before thebeginning of the policy period;

(3) Arising out of a criminal act committedby or at the direction of the insured;

(4) Arising out of any breach of contract,except an implied contract to useanother's "advertising idea" in your"advertisement";

(5) Arising out of the failure of goods,products or services to conform withany statement of quality orperformance made in your"advertisement";

(6) Arising out of the wrong description ofthe price of goods, products or services;

(7) Arising out of any violation of anyintellectual property rights such ascopyright, patent, trademark, tradename, trade secret, service mark or

other designation of origin orauthenticity.

However, this exclusion does notapply 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 originor authenticity; or

(c) Title of any literary or artistic work;

(8) Arising out of an offense committed byan insured whose business is:(a) Advertising, broadcasting,

publishing ortelecasting;

(b) Designing or determining contentof web sites for others; or

(c) An Internet search, access,content or sen/ice provider.

However, this exclusion does notapply to Paragraphs a., b. and c.

under the definition of "personal andadvertising injury" in Section G. -Liability And Medical ExpensesDefinitions.

For the purposes of this exclusion,placing an "advertisement" for orlinking to others on your web site, byitself, is not considered the businessof advertising, broadcasting,publishing ortelecasting;

(9) Arising out of an electronic chat roomor bulletin board the insured hosts,owns, or over which the insuredexercises control;

(10) Arising out of the unauthorized use ofanother's name or product in your e-mailaddress, domain name or metatags, or

any other similar tactics to misleadanother's potential customers;

(11) Arising out of the violation of aperson's right of privacy created byany state or federal act.

However, this exclusion does notapply to liability for damages that theinsured would have in the absence ofsuch state or federal act;

(12) Arising out of:

(a) An "advertisement" for others onyour web site;

(b) Placing a link to a web site ofothers on your web site;

(c) Content from a web site of othersdisplayed within a frame or borderon your web site. Content includesinformation, code, sounds, text,

graphics or images; or

(d) Computer code, software orprogramming used to enable:

(i) Your web site; or

(ii) The presentation or functionalityof an "advertisement" or othercontent on your web site;

Page 8 of 24 Form S3 00 08 04 05


(13) Arising out of a violation of any anti-trust law;

(14) Arising out of the fluctuation in price orvalue of any stocks, bonds or othersecurities; or

(15) Arising out of discrimination orhumiliation committed by or at thedirection of any "executive officer",director, stockholder, partner ormember of the insured.

q. Electronic Data

Damages arising out of the loss of, loss ofuse of, damage to, corruption of, inabilityto access, or inability to manipulate"electronic data".

r. Employment-Related Practices

"Bodily injury" or "personal and advertisinginjury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person'semployment; or

(c) Employment-related practices,policies, acts or omissions, such ascoercion, demotion, evaluation,

reassignment, discipline,defamation, harassment, humiliationor discrimination directed at that

person; or

(2) The spouse, child, parent, brother orsister of that person as aconsequence of "bodily injury" or"personal and advertising injury" to theperson at whom any of theemployment-related practicesdescribed in Paragraphs (a), (b), or (c)above is directed.

This exclusion applies:

(1) Whether the insured may be liable asan employer or in any other capacity;and

(2) To any obligation to share damageswith or repay someone else who mustpay 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 byreason of any claim or suitalleging actual or threatened injuryor damage of any nature or kind topersons or property which wouldnot have occurred in whole or inpart but for the "asbestos hazard";

(b) Arise out of any request, demand,order or statutory or regulatoryrequirement that any insured orothers test for, monitor, clean up,remove, encapsulate, contain,

treat, detoxify or neutralize or inany way respond to or assess theeffects of an "asbestos hazard"; or

(c) Arise out of any claim or suit fordamages because of testing for,monitoring, cleaning up, removing,encapsulating, containing, treating,detoxifying or neutralizing or in anyway responding to or assessing theeffects of an "asbestos hazard".

t. Violation Of Statutes That Govern E-Mails, Fax, Phone Calls Or OtherMethods Of Sending Material OrInformation

"Bodily injury", "property damage", or"personal and advertising injury" arisingdirectly or indirectly out of any action oromission that violates or is alleged toviolate:

(1) The Telephone Consumer ProtectionAct (TCPA), including any amendmentof or addition to such law;

(2) The CAN-SPAM Act of 2003, includingany amendment of or addition to suchlaw; or

(3) Any statute, ordinance or regulation,other than the TCPA or CAN-SPAM Actof 2003, that prohibits or limits thesending, transmitting, communicating ordistribution of matenal or information.

Damage To Premises Rented To You -Exception For Damage By Fire, Lightningor Explosion

Exclusions c. through h. and k. through o. donot apply to damage by fire, lightning orexplosion to premises rented to you ortemporarily occupied by you with permission ofthe owner. A separate Limit of Insuranceapplies to this coverage as described inSection D. - Liability And Medical ExpensesLimits Of Insurance.

Form SS 00 08 04 05 Page 9 of 24


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 behalfof any insured or a tenant of any insured.

c. Injury On Normally Occupied Premises

To a person injured on that part ofpremises you own or rent that the personnormally occupies.

d. Workers' Compensation And SimilarLaws

To a person, whether or not an"employee" of any insured, if benefits forthe "bodily injury" are payable or must beprovided under a workers' compensationor disability benefits law or a similar law.

e. Athletics Activities

To a person injured while practicing,instructing or participating in any physicalexercises or games, sports or athleticcontests.

f. Products-Completed Operations Hazard

Included with the "products-completedoperations hazard".

g. Business Liability Exclusions

Excluded under Business Liability Coverage.

C. WHO IS AN INSURED1. If you are designated in the Declarations as:

a. An individual, you and your spouse areinsureds, but only with respect to theconduct of a business of which you are thesole owner.

b. A partnership or joint venture, you are aninsured. Your members, your partners, and

their spouses are also insureds, but only withrespect to the conduct of your business.

c. A limited liability company, you are aninsured. Your members are also insureds,

but only with respect to the conduct of yourbusiness. Your managers are insureds, but

only with respect to their duties as yourmanagers.

d. An organization other than a partnership,joint venture or limited liability company, youare an insured. Your "executive officers" and

directors are insureds, but only with respectto their duties as your officers or directors.Your stockholders are also insureds, but onlywith respect to their liability as stockholders.

e. A trust, you are an insured. Your trustees

are also insureds, but only with respect totheir duties as trustees.

2. Each of the following is also an insured:

a. Employees And Volunteer Workers

Your "volunteer workers" only whileperforming duties related to the conduct ofyour business, or your "employees", other

than either your "executive officers" (if youare an organization other than apartnership, joint venture or limited liabilitycompany) or your managers (if you are alimited liability company), but only for actswithin the scope of their employment byyou or while performing duties related tothe conduct of your business.

However, none of these "employees" or

"volunteer workers" are insureds for:

(1) "Bodily injury" or "personal andadvertising injury":

(a) To you, to your partners ormembers (if you are a partnershipor joint venture), to your members(if you are a limited liabilitycompany), or to a co-"employee"

while in the course of his or heremployment or performing dutiesrelated to the conduct of yourbusiness, or to your other"volunteer workers" whileperforming duties related to theconduct of your business;

(b) To the spouse, child, parent,brother or sister of that co-"employee" or that "volunteerworker" as a consequence of

Paragraph (1)(a) above;

(c) For which there is any obligationto share damages with or repaysomeone else who must paydamages because of the injurydescribed in Paragraphs (1)(a) or(b) above; or

(d) Arising out of his or her providingor failing to provide professionalhealth care services.

If you are not in the business ofproviding professional health careservices, Paragraph (d) does not applyto any nurse, emergency medicaltechnician or paramedic employed byyou to provide such services.

(2) "Property damage" to property:

(a) Owned, occupied or used by,

Page 10 of 24 Form SS 00 08 04 05


(b) Rented to, in the care, custody orcontrol of, or over which physicalcontrol is being exercised for anypurpose by you, any of your"employees", "volunteer workers",

any partner or member (if you area partnership or joint venture), orany member (if you are a limitedliability company).

b. Real Estate Manager

Any person (other than your "employee" or"volunteer worker"), or any organizationwhile acting as your real estate manager.

c. Temporary Custodians Of YourProperty

Any person or organization having propertemporary custody of your property if youdie, but only:

(1) With respect to liability arising out of themaintenance or use of that property; and

(2) Until your legal representative hasbeen appointed.

d. Legal Representative If You Die

Your legal representative if you die, butonly with respect to duties as such. Thatrepresentative will have all your rights andduties under this insurance.

e. Unnamed Subsidiary

Any subsidiary and subsidiary thereof, ofyours which is a legally incorporated entityof which you own a financial interest ofmore than 50% of the voting stock on theeffective date of this Coverage Part.

The insurance afforded herein for anysubsidiary not shown in the Declarationsas a named insured does not apply toinjury or damage with respect to which aninsured under this insurance is also aninsured under another policy or would bean insured under such policy but for itstermination or upon the exhaustion of itslimits of insurance.

3. Newly Acquired Or Formed Organization

Any organization you newly acquire or form,other than a partnership, joint venture orlimited liability company, and over which youmaintain financial interest of more than 50% ofthe voting stock, will qualify as a NamedInsured if there is no other similar insuranceavailable to that organization. However:

a. Coverage under this provision is affordedonly until the 180th day after you acquireor form the organization or the end of thepolicy 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 theorganization.

4. Operator Of Mobile Equipment

With respect to "mobile equipment" registered inyour name under any motor vehicle registrationlaw, any person is an insured while driving suchequipment along a public highway with yourpermission. Any other person or organizationresponsible for the conduct of such person isalso an insured, but only with respect to liabilityarising out of the operation of the equipment, andonly if no other insurance of any kind is availableto that person or organization for this liability.However, no person or organization is an insuredwith respect to:

a. "Bodily injury" to a co-"employee" of theperson driving the equipment; or

b. "Property damage" to property owned by,rented to, in the charge of or occupied byyou or the employer of any person who isan insured under this provision.

5. Operator of Nonowned Watercraft

With respect to watercraft you do not own thatis less than 51 feet long and is not being usedto carry persons for a charge, any person is aninsured while operating such watercraft withyour permission. Any other person ororganization responsible for the conduct ofsuch person is also an insured, but only withrespect to liability arising out of the operationof the watercraft, and only if no otherinsurance of any kind is available to thatperson or organization for this liability.

However, no person or organization is an

insured with respect to:

a. "Bodily injury" to a co-"employee" of theperson operating the watercraft; or

b. "Property damage" to property owned by,rented to, in the charge of or occupied byyou or the employer of any person who isan insured under this provision.

6. Additional Insureds When Required ByWritten Contract, Written Agreement OrPermit

The person(s) or organization(s) identified inParagraphs a. through f. below are additionalinsureds when you have agreed, in a written

Form S3 00 08 04 05 Page 11 of 24


contract, written agreement or because of apermit issued by a state or politicalsubdivision, that such person or organizationbe added as an additional insured on yourpolicy, provided the injury or damage occurssubsequent to the execution of the contract oragreement, or the issuance of the permit.

A person or organization is an additionalinsured under this provision only for thatperiod of time required by the contract,agreement or permit.

However, no such person or organization is anadditional insured under this provision if suchperson or organization is included as anadditional insured by an endorsement issuedby us and made a part of this Coverage Part,including all persons or organizations addedas additional insureds under the specificadditional insured coverage grants in SectionF. - Optional Additional Insured Coverages.

a. Vendors

Any person(s) or organization(s) (referred tobelow as vendor), but only with respect to"bodily injury" or "property damage" arisingout of "your products" which are distributedor sold in the regular course of the vendor'sbusiness and only if this Coverage Partprovides coverage for "bodily injury" or"property damage" included within the"products-completed operations hazard".

(1) The insurance afforded to the vendoris subject to the following additionalexclusions:


(a) "Bodily injury" or "propertydamage" for which the vendor isobligated to pay damages byreason of the assumption ofliability in a contract or agreement.This exclusion does not apply toliability for damages that thevendor would have in the absenceof the contract or agreement;

(b) Any express warrantyunauthorized by you;

(c) Any physical or chemical changein the product made intentionallyby the vendor;

(d) Repackaging, except whenunpacked solely for the purpose ofinspection, demonstration, testing,or the substitution of parts underinstructions from the manufacturer,and then repackaged in theoriginal container;

(e) Any failure to make suchinspections, adjustments, tests orservicing as the vendor hasagreed to make or normallyundertakes to make in the usualcourse of business, in connection

with the distribution or sale of theproducts;

(f) Demonstration, installation,servicing or repair operations,except such operations performedat the vendor's premises inconnection with the sale of theproduct;

(g) Products which, after distributionor sale by you, have been labeledor relabeled or used as acontainer, part or ingredient of anyother thing or substance by or forthe vendor; or

(h) "Bodily injury" or "propertydamage" arising out of the solenegligence of the vendor for itsown acts or omissions or those ofits employees or anyone elseacting on its behalf. However, thisexclusion does not apply to:

(i) The exceptions contained inSubparagraphs (d) or (f); or

(ii) Such inspections, adjustments,tests or servicing as the vendorhas agreed to make or normallyundertakes to make in the usualcourse of business, in

connection with the distributionor sale of the products.

(2) This insurance does not apply to anyinsured person or organization fromwhom you have acquired such products,or any ingredient, part or container,entering into, accompanying orcontaining such products.

b. Lessors Of Equipment

(1) Any person or organization fromwhom you lease equipment; but onlywith respect to their liability for "bodilyinjury", "property damage" or"personal and advertising injury"caused, in whole or in part, by yourmaintenance, operation or use ofequipment leased to you by suchperson or organization.

Page 12 of 24 Form SS 00 08 04 05


(2) With respect to the insurance affordedto these additional insureds, this

insurance does not apply to any"occurrence" which takes place afteryou cease to lease that equipment.

c. Lessors Of Land Or Premises

(1) Any person or organization fromwhom you lease land or premises, butonly with respect to liability arising outof the ownership, maintenance or useof that part of the land or premisesleased to you.

(2) With respect to the insurance affordedto these additional insureds, thisinsurance does not apply to:

(a) Any "occurrence" which takesplace after you cease to lease thatland or be a tenant in that

premises; or

(b) Structural alterations, newconstruction or demolitionoperations performed by or onbehalf of such person ororganization.

d. Architects, Engineers Or Surveyors

(1) Any architect, engineer, or surveyor, butonly with respect to liability for "bodilyinjury", "property damage" or "personaland advertising injury" caused, in wholeor in part, by your acts or omissions orthe acts or omissions of those acting onyour behalf:

(a) In connection with your premises;or

(b) In the performance of yourongoing operations performed byyou or on your behalf.

(2) With respect to the insurance affordedto these additional insureds, thefollowing 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 thefailure to render any professionalservices by or for you, including:

(a) The preparing, approving, orfailure to prepare or approve,maps, shop drawings, opinions,reports, surveys, field orders,change orders, designs ordrawings and specifications; or

(b) Supervisory, inspection,architectural or engineeringactivities.

e. Permits Issued By State Or PoliticalSubdivisions

(1) Any state or political subdivision, butonly with respect to operationsperformed by you or on your behalf forwhich the state or political subdivisionhas issued a permit.


(a) "Bodily injury", "property damage"or "personal and advertisinginjury" arising out of operationsperformed for the state ormunicipality; or

(b) "Bodily injury" or "property damage"included within the "products-completed operations hazard".

f. Any Other Party

(1) Any other person or organization whois not an insured under Paragraphs a.through e. above, but only withrespect to liability for "bodily injury","property damage" or "personal andadvertising injury" caused, in whole orin part, by your acts or omissions orthe acts or omissions of those actingon your behalf:

(a) In the performance of yourongoing operations;

(b) In connection with your premisesowned by or rented to you;or

(c) In connection with "your work" andincluded within the "products-completed operations hazard", butonly if

(i) The written contract or writtenagreement requires you toprovide such coverage tosuch additional insured; and

(ii) This Coverage Part providescoverage for "bodily injury" or"property damage" includedwithin the "products-completed operations hazard".


"Bodily injury", "property damage" or"personal and advertising injury"arising out of the rendering of, or thefailure to render, any professionalarchitectural, engineering or surveyingservices, including:

Form SS 00 08 04 05 Page 13 of 24


(a) The preparing, approving, orfailure to prepare or approve,maps, shop drawings, opinions,reports, surveys, field orders,change orders, designs ordrawings and specifications; or

(b) Supervisory, inspection,architectural or engineeringactivities.

The limits of insurance that apply to additionalinsureds are described in Section D. - LimitsOf Insurance.

How this insurance applies when otherinsurance is available to an additional insuredis described in the Other Insurance Conditionin Section E. - Liability And Medical ExpensesGeneral Conditions.

No person or organization is an insured withrespect to the conduct of any current or pastpartnership, joint venture or limited liabilitycompany that is not shown as a Named Insured inthe Declarations.

D. LIABILIPf AND MEDICAL EXPENSESLIMITS OF INSURANCE1. The Most We Will Pay

The Limits of Insurance shown in theDeclarations and the rules below fix the mostwe will pay regardless of the number of:

a. Insureds;

b. Claims made or "suits" brought; or

c. Persons or organizations making claims orbringing "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" isthe Products-Completed OperationsAggregate Limit shown in theDeclarations.

b. Damages because of all other "bodilyinjury", "property damage" or "personaland advertising injury", including medicalexpenses, is the General Aggregate Limitshown in the Declarations.

This General Aggregate Limit appliesseparately to each of your "locations"owned by or rented to you.

"Location" means premises involving thesame or connecting lots, or premiseswhose connection is interrupted only by astreet, roadway or right-of-way of arailroad.

This General Aggregate limit does notapply to "property damage" to premiseswhile rented to you or temporarilyoccupied by you with permission of theowner, arising out of fire, lightning orexplosion.

3. Each Occurrence Limit

Subject to 2.a. or 2.b above, whicheverapplies, the most we will pay for the sum of alldamages because of all "bodily injury","property damage" and medical expensesarising out of any one "occurrence" is theLiability and Medical Expenses Limit shown inthe Declarations.

The most we will pay for all medical expensesbecause of "bodily injury" sustained by anyone person is the Medical Expenses Limitshown in the Declarations.

4. Personal And Advertising Injury Limit

Subject to 2.b. above, the most we will pay forthe sum of all damages because of all"persona] and advertising injury" sustained byany one person or organization is the Personaland Advertising Injury Limit shown in theDeclarations.

5. Damage To Premises Rented To You Limit

The Damage To Premises Rented To YouLimit is the most we will pay under BusinessLiability Coverage for damages because of"property damage" to any one premises, whilerented to you, or in the case of damage by fire,lightning or explosion, while rented to you ortemporarily occupied by you with permission ofthe owner.

In the case of damage by fire, lightning orexplosion, the Damage to Premises Rented ToYou Limit applies to all damage proximatelycaused by the same event, whether suchdamage results from fire, lightning or explosionor any combination of these.

6. How Limits Apply To Additional Insureds

The most we will pay on behalf of a person ororganization who is an additional insuredunder this Coverage Part is the lesser of:

a. The limits of insurance specified in awritten contract, written agreement orpermit issued by a state or politicalsubdivision; or

b. The Limits of Insurance shown in theDeclarations.

Such amount shall be a part of and not inaddition to the Limits of Insurance shown inthe Declarations and described in this Section.

Page 14 of 24 Form SS 00 08 04 05


If more than one limit of insurance under thispolicy and any endorsements attached theretoapplies to any claim or "suit", the most we will payunder this policy and the endorsements is thesingle highest limit of liability of all coveragesapplicable to such claim or "suit". However, thisparagraph does not apply to the Medical Expenseslimit set forth in Paragraph 3.above.

The Limits of Insurance of this Coverage Part applyseparately to each consecutive annual period and toany remaining period of less than 12 months, startingwith the beginning of the policy period shown in theDeclarations, unless the policy period is extendedafter issuance for an additional period of less than 12months. In that case, the additional period will bedeemed part of the last preceding period for purposesof determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSESGENERAL CONDITIONS1. Bankruptcy

Bankruptcy or insolvency of the insured or ofthe insured's estate will not relieve us of ourobligations 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 toit that we are notified as soon aspracticable of an "occurrence" or an

offense which may result in a claim. Tothe extent possible, notice should include:

(1) How, when and where the "occurrence"or offense took place;

(2) The names and addresses of anyinjured persons and witnesses; and

(3) The nature and location of any injuryor damage arising out of the"occurrence" or offense.

b. Notice Of Claim

If a claim is made or "suit" is broughtagainst any insured, you or any additionalinsured must:

(1) Immediately record the specifics of theclaim or "suit" and the date received;and

(2) Notify us as soon as practicable.

You or any additional insured must see toit that we receive a written notice of theclaim or "suit" as soon as practicable.

c. Assistance And Cooperation Of TheInsured

You and any other involved insured must:

(1) Immediately send us copies of anydemands, notices, summonses or

legal papers received in connectionwith the claim or "suit";

(2) Authorize us to obtain records andother information;

(3) Cooperate with us in the investigation,settlement of the claim or defenseagainst the "suit"; and

(4) Assist us, upon our request, in theenforcement of any right against anyperson or organization that may beliable to the insured because of injuryor damage to which this insurance

may also apply.

d. Obligations At The Insured's Own Cost

No insured will, except at that insured's owncost, voluntarily make a payment, assumeany obligation, or incur any expense, otherthan for first aid, without our consent.

e. Additional Insured's Other Insurance

If we cover a claim or "suit" under thisCoverage Part that may also be coveredby other insurance available to anadditional insured, such additional insuredmust submit such claim or "suit" to theother insurer for defense and indemnity.

However, this provision does not apply tothe extent that you have agreed in awritten contract, written agreement orpermit that this insurance is primary andnon-contributory with the additionalinsured's own insurance.

f. Knowledge Of An Occurrence, Offense,Claim Or Suit

Paragraphs a. and b. apply to you or toany additional insured only when such"occurrence", offense, claim or "suit" is

known to:

(1) You or any additional insured that isan individual;

(2) Any partner, if you or an additionalinsured is a partnership;

(3) Any manager, if you or an additionalinsured is a limited liability company;

(4) Any "executive officer" or insurancemanager, if you or an additionalinsured is a corporation;

(5) Any trustee, if you or an additionalinsured is a trust; or

(6) Any elected or appointed official, if youor an additional insured is a politicalsubdivision or public entity.

Form SS 00 08 04 05 Page 15 of 24


This Paragraph f. applies separately toyou and any additional insured.

3. Financial Responsibility Laws

a. When this policy is certified as proof offinancial responsibility for the future underthe provisions of any motor vehiclefinancial responsibility law, the insuranceprovided by the policy for "bodily injury"liability and "property damage" liability willcomply with the provisions of the law tothe extent of the coverage and limits ofinsurance required by that law.

b. With respect to "mobile equipment" towhich this insurance applies, we willprovide any liability, uninsured motorists,underinsured motorists, no-fault or othercoverage required by any motor vehiclelaw. We will provide the required limits forthose coverages.

4. Legal Action Against Us

No person or organization has a right underthis Coverage Form:

a. To join us as a party or otherwise bring usinto a "suit" asking for damages from aninsured; or

b. To sue us on this Coverage Form unlessall of its terms have been fully compliedwith.

A person or organization may sue us to recoveron an agreed settlement or on a final judgmentagainst an insured; but we will not be liable fordamages that are not payable under the terms ofthis insurance or that are in excess of theapplicable limit of insurance. An agreedsettlement means a settlement and release ofliability signed by us, the insured and theclaimant or the claimant's legal representative.

5. Separation Of Insureds

Except with respect to the Limits of Insurance,and any rights or duties specifically assignedin this policy to the first Named Insured, thisinsurance applies:

a. As if each Named Insured were the onlyNamed Insured; and

b. Separately to each insured against whoma 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 Declarationsare accurate and complete;

(2) Those statements are based uponrepresentations you made to us; and

(3) We have issued this policy in relianceupon your representations.

b. Unintentional Failure To DiscloseHazards

If unintentionally you should fail to discloseall hazards relating to the conduct of yourbusiness at the inception date of thisCoverage Part, we shall not deny anycoverage under this Coverage Partbecause of such failure.

7. Other Insurance

If other valid and collectible insurance isavailable for a loss we cover under thisCoverage Part, our obligations are limited asfollows:

a. Primary Insurance

This insurance is primary except when b.below applies. If other insurance is alsoprimary, we will share with all that otherinsurance by the method described in c.below.

b. Excess Insurance

This insurance is excess over any of theother insurance, whether primary, excess,

contingent or on any other basis:

(1) Your Work

That is Fire, Extended Coverage,Builder's Risk, Installation Risk orsimilar coverage for "your work";

(2) Premises Rented To You

That is fire, lightning or explosioninsurance for premises rented to youor temporarily occupied by you withpermission of the owner;

(3) Tenant Liability

That is insurance purchased by you tocover your liability as a tenant for"property damage" to premises rentedto you or temporarily occupied by youwith permission of the owner;

(4) Aircraft, Auto Or Watercraft

If the loss arises out of the maintenanceor use of aircraft, "autos" or watercraft to

the extent not subject to Exclusion g. ofSection A. - Coverages.

(5) Property Damage To BorrowedEquipment Or Use Of Elevators

If the loss arises out of "propertydamage" to borrowed equipment orthe use of elevators to the extent notsubject to Exclusion k. of Section A. -Coverages.

Page 16 of 24 Form SS 00 08 04 05


(6) When You Are Added As AnAdditional Insured To OtherInsurance

That is other insurance available toyou covering liability for damagesarising out of the premises oroperations, or products and completedoperations, for which you have beenadded as an additional insured by thatinsurance; or

(7) When You Add Others As AnAdditional Insured To ThisInsurance

That is other insurance available to anadditional insured.

However, the following provisionsapply to other insurance available toany person or organization who is anadditional insured under this CoveragePart:

(a) Primary Insurance WhenRequired By Contract

This insurance is primary if youhave agreed in a written contract,written agreement or permit thatthis insurance be primary. If otherinsurance is also primary, we willshare with all that other insuranceby the method described in c.below.

(b) Primary And Non-ContributoryTo Other Insurance WhenRequired By Contract

If you have agreed in a writtencontract, written agreement orpermit that this insurance isprimary and non-contributory withthe additional insured's owninsurance, this insurance isprimary and we will not seekcontribution from that otherinsurance.

Paragraphs (a) and (b) do not apply toother insurance to which the additionalinsured has been added as anadditional insured.

When this insurance is excess, we willhave no duty under this Coverage Part todefend the insured against any "suit" if anyother insurer has a duty to defend theinsured against that "suit". If no otherinsurer defends, we will undertake to doso, but we will be entitled to the insured'srights against all those other insurers.

8.

When this insurance is excess over otherinsurance, we will pay only our share ofthe amount of the loss, if any, thatexceeds the sum of:

(1) The total amount that all such otherinsurance would pay for the loss in theabsence of this insurance; and

(2) The total of all deductible and self-insured amounts under all that otherinsurance.

We will share the remaining loss, if any, withany other insurance that is not described inthis Excess Insurance provision and was notbought specifically to apply in excess of theLimits of Insurance shown in theDeclarations of this Coverage Part.

c. Method Of Sharing

If all the other insurance permitscontribution by equal shares, we will followthis method also. Under this approach,each insurer contributes equal amountsuntil it has paid its applicable limit ofinsurance or none of the loss remains,

whichever comes first.

If any of the other insurance does not permitcontribution by equal shares, we willcontribute by limits. Under this method, eachinsurer's share is based on the ratio of itsapplicable limit of insurance to the totalapplicable limits of insurance of all insurers.

Transfer Of Rights Of Recovery AgainstOthers To Us

a. Transfer Of Rights Of Recovery

If the insured has rights to recover all orpart of any payment, includingSupplementary Payments, we have madeunder this Coverage Part, those rights aretransferred to us. The insured must donothing after loss to impair them. At ourrequest, the insured will bring "suit" ortransfer those rights to us and help usenforce them. This condition does notapply to Medical Expenses Coverage.

b. Waiver Of Rights Of Recovery (WaiverOf Subrogation)

If the insured has waived any rights of

recovery against any person ororganization for all or part of any payment,including Supplementary Payments, wehave made under this Coverage Part, wealso waive that right, provided the insuredwaived their rights of recovery againstsuch person or organization in a contract,agreement or permit that was executedprior to the injury or damage.

Form SS 00 08 04 05 Page 17 of 24


F. OPTIONAL ADDITIONAL INSUREDCOVERAGESIf listed or shown as applicable in the Declarations,one or more of the following Optional AdditionalInsured Coverages also apply. When any of theseOptional Additional Insured Coverages apply,Paragraph 6. (Additional insureds When Requiredby Written Contract, Written Agreement or Permit)of Section C., Who Is An Insured, does not applyto the person or organization shown in theDeclarations. These coverages are subject to theterms and conditions applicable to BusinessLiability Coverage in this policy, except asprovided below:

1. Additional Insured - Designated Person OrOrganization

WHO IS AN INSURED under Section C. isamended to include as an additional insuredthe person(s) or organization(s) shown in theDeclarations, but only with respect to liabilityfor "bodily injury", "property damage" or"personal and advertising injury" caused, inwhole or in part, by your acts or omissions orthe acts or omissions of those acting on yourbehalf:

a. In the performance of your ongoingoperations; or

b. In connection with your premises ownedby or rented to you.

2. Additional Insured - Managers Or LessorsOf Premises

a. WHO IS AN INSURED under Section C. isamended to include as an additional insuredthe person(s) or organization(s) shown in theDeclarations as an Additional Insured -Designated Person Or Organization; but onlywith respect to liability arising out of theownership, maintenance or use of that part ofthe premises leased to you and shown in theDeclarations.

b. With respect to the insurance afforded tothese additional insureds, the followingadditional exclusions apply:


(1) Any "occurrence" which takes placeafter you cease to be a tenant in thatpremises; or

(2) Structural alterations, newconstruction or demolition operationsperformed by or on behalf of suchperson or organization.

3. Additional Insured - Grantor Of Franchise

WHO IS AN INSURED under Section C. isamended to include as an additional insuredthe person(s) or organization(s) shown in theDeclarations as an Additional Insured -Grantor Of Franchise, but only with respect totheir liability as grantor of franchise to you.

4. Additional Insured - Lessor Of LeasedEquipment

a. WHO IS AN INSURED under Section C. isamended to include as an additionalinsured the person(s) or organization(s)shown in the Declarations as an AdditionalInsured - Lessor of Leased Equipment,but only with respect to liability for "bodilyinjury", "property damage" or "personaland advertising injury" caused, in whole orin part, by your maintenance, operation oruse of equipment leased to you by suchperson(s) or organlzation(s).

b. With respect to the insurance afforded tothese additional insureds, this insurancedoes not apply to any "occurrence" whichtakes place after you cease to lease thatequipment.

5. Additional Insured - Owners Or OtherInterests From Whom Land Has BeenLeased

a. WHO IS AN INSURED under Section C. isamended to include as an additionalinsured the person(s) or organization(s)shown in the Declarations as an AdditionalInsured - Owners Or Other Interests FromWhom Land Has Been Leased, but onlywith respect to liability arising out of theownership, maintenance or use of that partof the land leased to you and shown in theDeclarations.



(1) Any "occurrence" that takes placeafter you cease to lease that land; or

(2) Structural alterations, newconstruction or demolition operationsperformed by or on behalf of suchperson or organization.

6. Additional Insured - State Or PoliticalSubdivision - Permits

a. WHO IS AN INSURED under Section C. isamended to include as an additionalinsured the state or political subdivisionshown in the Declarations as an Additional

Page 18 of 24 Form SS 00 08 04 05


Insured - State Or Political Subdivision -Permits, but only with respect tooperations performed by you or on yourbehalf for which the state or politicalsubdivision has issued a permit.



(1) "Bodily injury", "property damage" or"personal and advertising injury"arising out of operations performed forthe state or municipality; or

(2) "Bodily injury" or "property damage"included in the "product-completedoperations" hazard.

7. Additional Insured - Vendors

a. WHO IS AN INSURED under Section C. isamended to include as an additionalinsured the person(s) or organization(s)(referred to below as vendor) shown in theDeclarations as an Additional Insured -Vendor, but only with respect to "bodilyinjury" or "property damage" arising out of"your products" which are distributed orsold in the regular course of the vendor'sbusiness and only if this Coverage Partprovides coverage for "bodily injury" or"property damage" included within the"products-completed operations hazard".

b. The insurance afforded to the vendor issubject to the following additional exclusions:

(1) This insurance does not apply to:

(a) "Bodily injury" or "propertydamage" for which the vendor isobligated to pay damages byreason of the assumption ofliability in a contract or agreement.This exclusion does not apply toliability for damages that thevendor would have in the absenceof the contract or agreement;

(b) Any express warrantyunauthorized by you;

(c) Any physical or chemical changein the product made intentionallyby the vendor;

(d) Repackaging, unless unpackedsolely for the purpose of inspection,demonstration, testing, or thesubstitution of parts underinstructions from the manufacturer,and then repackaged in the originalcontainer;

(e) Any failure to make suchinspections, adjustments, tests orservicing as the vendor has agreedto make or normally undertakes tomake in the usual course ofbusiness, in connection with thedistribution or sale of the products;

(f) Demonstration, installation,servicing or repair operations,except such operations performedat the vendor's premises inconnection with the sale of theproduct;

(g) Products which, after distributionor sale by you, have been labeledor relabeled or used as acontainer, part or ingredient of anyother thing or substance by or forthe vendor; or

(h) "Bodily injury" or "propertydamage" arising out of the solenegligence of the vendor for itsown acts or omissions or those ofits employees or anyone elseacting on its behalf. However, thisexclusion does not apply to:

(i) The exceptions contained inSubparagraphs (d) or (f); or

(ii) Such inspections,adjustments, tests or servicingas the vendor has agreed tomake or normally undertakesto make in the usual course ofbusiness, in connection withthe distribution or sale of theproducts.

(2) This insurance does not apply to anyinsured person or organization fromwhom you have acquired suchproducts, or any ingredient, part orcontainer, entering into,accompanying or containing suchproducts.

8. Additional Insured - Controlling Interest

WHO IS AN INSURED under Section C. isamended to include as an additional insuredthe person(s) or organization(s) shown in theDeclarations as an Additional Insured -Controlling Interest, but only with respect totheir liability arising out of:

a. Their financial control of you;or

b. Premises they own, maintain or controlwhile you lease or occupy these premises.

Form SS 00 08 04 05 Page 19 of 24


This insurance does not apply to structuralalterations, new construction and demolitionoperations performed by or for that person ororganization.

9. Additional Insured - Owners, Lessees OrContractors - Scheduled Person OrOrganization

a. WHO IS AN INSURED under Section C. isamended to include as an additionalinsured the person(s) or organization(s)shown in the Declarations as an AdditionalInsured - Owner, Lessees Or Contractors,

but only with respect to liability for "bodilyinjury", "property damage" or "personaland advertising injury" caused, in whole orin part, by your acts or omissions or theacts or omissions of those acting on yourbehalf:

(1) In the performance of your ongoingoperations for the additionalinsured(s); or

(2) In connection with "your work"performed for that additional insuredand included within the "products-completed operations hazard", butonly if this Coverage Part providescoverage for "bodily injury" or"property damage" included within the"products-completed operationshazard".

b. With respect to the insurance afforded tothese additional insureds, this insurancedoes not apply to "bodily injury", "propertydamage" or "personal an advertisinginjury" arising out of the rendering of, orthe failure to render, any professionalarchitectural, engineering or surveyingservices, including:

(1) The preparing, approving, or failure toprepare or approve, maps, shopdrawings, opinions, reports, surveys,

field orders, change orders, designs ordrawings and specifications; or

(2) Supervisory, inspection, architecturalor engineering activities.

10. Additional Insured - Co-Owner Of InsuredPremises

WHO IS AN INSURED under Section C. isamended to include as an additional insuredthe person(s) or Organization(s) shown in theDeclarations as an Additional Insured - Co-Owner Of Insured Premises, but only withrespect to their liability as co-owner of thepremises shown in the Declarations.

The limits of insurance that apply to additionalinsureds are described in Section D. - Limits OfInsurance.

How this insurance applies when other insuranceis available to an additional insured is described inthe Other Insurance Condition in Section E. -Liability And Medical Expenses GeneralConditions.

G. LIABILITY AND MEDICAL EXPENSESDEFINITIONS1. "Advertisement" means the widespread public

dissemination of information or images thathas 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 website that is about goods, products orservices for the purposes of inducing thesale of goods, products or services; or

c. Any other publication that is givenwidespread public distribution.

However, "advertisement" does not include:

a. The design, printed material, informationor images contained in, on or upon thepackaging or labeling of any goods orproducts; or

b. An interactive conversation between oramong persons through a computer network.

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

3. "Asbestos hazard" means an exposure or

threat of exposure to the actual or allegedproperties of asbestos and includes the merepresence of asbestos in any form.

4. "Auto" means a land motor vehicle, trailer orsemi-trailer designed for travel on publicroads, including any attached machinery orequipment. 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 theabove, mental anguish or death at any time.

6. "Coverage territory" means:

Page 20 of 24 Form SS 00 08 04 05


a. The United States of America (including itsterritories and possessions), Puerto Ricoand Canada;

b. International waters or airspace, but only ifthe injury or damage occurs in the courseof travel or transportation between anyplaces included in a. above;

c. All other parts of the world if the injury ordamage arises out of:

(1) Goods or products made or sold by youin the territory described in a.above;

(2) The activities of a person whose homeis in the territory described in a.above, but is away for a short time onyour business; or

(3) "Personal and advertising injury"offenses that take place through theInternet or similar electronic means ofcommunication

provided the insured's responsibility to paydamages is determined in the United States ofAmerica (including its territories andpossessions), Puerto Rico or Canada, in a"suit" on the merits according to thesubstantive law in such territory, or in asettlement 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 andapplications software, hard or floppy disks,CD-ROMS, tapes, drives, cells, dataprocessing devices or any other media whichare used with electronically controlledequipment.

8. "Employee" includes a "leased worker".

"Employee" does not include a "temporaryworker".

9. "Executive officer" means a person holdingany of the officer positions created by yourcharter, constitution, by-laws or any othersimilar governing document.

10. "Hostile fire" means one which becomesuncontrollable or breaks out from where it wasintended to be.

11. "Impaired property" means tangible property,other than "your product" or "your work", thatcannot 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 orremoval of "your product" or "your work";

or

b. Your fulfilling the terms of the contract oragreement.

12. "Insured contract" means:

a. A contract for a lease of premises.

However, that portion of the contract for alease of premises that indemnifies anyperson or organization for damage by fire,lightning or explosion to premises whilerented to you or temporarily occupied byyou with permission of the owner issubject to the Damage To PremisesRented To You limit described in SectionD. - Liability and Medical Expenses Limitsof Insurance.

b. A sidetrack agreement;

c. Any easement or license agreement,

including an easement or licenseagreement in connection with constructionor demolition operations on or within 50feet of a railroad;

d. Any obligation, as required by ordinance,to indemnify a municipality, except inconnection with work for a municipality;

e. An elevator maintenance agreement; or

f. That part of any other contract oragreement pertaining to your business(including an indemnification of amunicipality in connection with workperformed for a municipality) under whichyou assume the tort liability of anotherparty to pay for "bodily injury" or "propertydamage" to a third person or organization,provided the "bodily injury" or "propertydamage" is caused, in whole or in part, byyou or by those acting on your behalf.Tort liability means a liability that would beimposed by law in the absence of anycontract or agreement.

Paragraph f. includes that part of anycontract or agreement that indemnifies arailroad for "bodily injury" or "propertydamage" arising out of construction ordemolition operations within 50 feet of anyrailroad property and affecting any railroadbridge or trestle, tracks, road-beds, tunnel,underpass or crossing.

However, Paragraph f. does not includethat part of any contract or agreement:

Form SS 00 08 04 05 Page 21 of 24


(1) That indemnifies an architect,engineer or surveyor for injury ordamage arising out of:

(a) Preparing, approving or failing toprepare or approve maps, shopdrawings, opinions, reports,surveys, field orders, changeorders, designs or drawings andspecifications; or

(b) Giving directions or instructions,or failing to give them, if that is theprimary cause of the injury ordamage; or

(2) Under which the insured, if anarchitect, engineer or surveyor,

assumes liability for an injury ordamage arising out of the insured'srendering or failure to renderprofessional services, including thoselisted in (1) above and supervisory,inspection, architectural orengineering activities.

13. "Leased worker" means a person leased to

you by a labor leasing firm under anagreement between you and the labor leasingfirm, to perform duties related to the conduct ofyour business. "Leased worker" does not

include a "temporary worker".

14. "Loading or unloading" means the handling ofproperty:

a. After it is moved from the place where it isaccepted for movement into or onto anaircraft, 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 isfinally delivered;

but "loading or unloading" does not include themovement of property by means of a mechanicaldevice, other than a hand truck, that is notattached to the aircraft, watercraft or"auto".

15. "Mobile equipment" means any of the followingtypes of land vehicles, including any attachedmachinery or equipment:

a. Bulldozers, farm machinery, forklifts andother vehicles designed for use principallyoff public roads;

b. Vehicles maintained for use solely on ornext to premises you own or rent;

c. Vehicles that travel on crawler treads;

d. Vehicles, whether self-propelled or not, onwhich are permanently mounted:

(1) Power cranes, shovels, leaders,diggers or drills; or

(2) Road construction or resurfacingequipment such as graders, scrapersor rollers;

e. Vehicles not described in a., b., c., or d.

above that are not self-propelled and aremaintained primarily to provide mobility topermanently attached equipment of thefollowing types:

(1) Air compressors, pumps andgenerators, including spraying,welding, building cleaning,geophysical exploration, lighting andwell servicing equipment; or

(2) Cherry pickers and similar devicesused to raise or lower workers;

f. Vehicles not described in a., b., c., or d.

above maintained primarily for purposesother than the transportation of persons orcargo.

However, self-propelled vehicles with thefollowing types of permanently attachedequipment are not "mobile equipment" butwill be considered "autos":

(1) Equipment, of at least 1,000 poundsgross vehicle weight, designedprimarily for:

(a) Snow removal;

(b) Road maintenance, but notconstruction or resurfacing; or

(c) Street cleaning;

(2) Cherry pickers and similar devicesmounted on automobile or truckchassis and used to raise or lowerworkers; and

(3) Air compressors, pumps andgenerators, including spraying,welding, building cleaning,geophysical exploration, lighting andwell servicing equipment.

16. "Occurrence" means an accident, including

continuous or repeated exposure to substantiallythe same general harmful conditions.

17. "Personal and advertising injury" means injury,including consequential "bodily injury", arisingout of one or more of the following offenses:

a. False arrest, detention or imprisonment;

b. Malicious prosecution;

Page 22 of 24 Form SS 00 08 04 05

c. The wrongful eviction from, wrongful entryinto, or invasion of the right of privateoccupancy of a room, dwelling orpremises that the person occupies,committed by or on behalf of its owner,landlord or lessor;

d. Oral, written or electronic publication ofmaterial that slanders or libels a person ororganization or disparages a person's ororganization's goods, products or services;

e. Oral, written or electronic publication ofmaterial that violates a person's right ofprivacy;

f. Copying, in your "advertisement", aperson's or organization's "advertisingidea" or style of "advertisement";

g. Infringement of copyright, slogan, or title ofany literary or artistic work, in your"advertisement"; or

h. Discrimination or humiliation that results ininjury to the feelings or reputation of anatural person.

18. "Pollutants" means any solid, liquid, gaseous orthermal 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 "propertydamage" occurring away from premisesyou own or rent and arising out of "yourproduct" or "your work" except:

(1) Products that are still in your physicalpossession; or

(2) Work that has not yet been completedor abandoned. However, "your work"

will be deemed to be completed at theearliest of the following times:

(a) When all of the work called for inyour contract has been completed.

(b) When all of the work to be done atthe Job site has been completed ifyour contract calls for work atmore than one job site.

(c) When that part of the work done ata job site has been put to itsintended use by any person ororganization other than anothercontractor or subcontractorworking on the same project.


Work that may need service, maintenance,correction, repair or replacement, butwhich is otherwise complete, will betreated as completed.

The "bodily injury" or "property damage"must occur away from premises you ownor rent, unless your business includes theselling, handling or distribution of "yourproduct" for consumption on premises youown or rent.

b. Does not include "bodily injury" or"property damage" arising out of:

(1) The transportation of property, unlessthe injury or damage arises out of acondition in or on a vehicle not ownedor operated by you, and that conditionwas created by the "loading orunloading" of that vehicle by anyinsured; or

(2) The existence of tools, uninstalledequipment or abandoned or unusedmaterials.

20. "Property damage" means:

a. Physical injury to tangible property,including all resulting loss of use of thatproperty. All such loss of use shall bedeemed to occur at the time of thephysical injury that caused it; or

b. Loss of use of tangible property that is notphysically injured. All such loss of useshall be deemed to occur at the time of"occurrence" that caused it.

As used in this definition, "electronic data" isnot tangible property.

21. "Suit" means a civil proceeding in whichdamages because of "bodily injury", "propertydamage" or "personal and advertising injury"to which this insurance applies are alleged."Suit" includes:

a. An arbitration proceeding in which suchdamages are claimed and to which theinsured must submit or does submit withour consent; or

b. Any other alternative dispute resolutionproceeding in which such damages areclaimed and to which the insured submitswith 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";

Form SS 00 08 04 05 Page 23 of 24


b. Donates his or her work;

c. Acts at the direction of and within thescope of duties determined by you; and

d. Is not paid a fee, salary or othercompensation by you or anyone else fortheir work performed for you.

24. "Your product":

a. Means:

(1) Any goods or products, other than realproperty, manufactured, sold, handled,distributed or disposed of by:

(a) You;

(b) Others trading under your name;or

(c) A person or organization whosebusiness or assets you haveacquired; and

(2)

b.

Containers (other than vehicles),materials, parts or equipmentfurnished in connection with suchgoods or products.

Includes:

(2) The providing of or failure to providewarnings or instructions.

c. Does not include vending machines orother property rented to or located for theuse of others but not sold.

25. "Your work":

a. Means:

(1) Work or operations performed by youor on your behalf; and

(2) Materials, parts or equipmentfurnished in connection with such workor operations.

b. Includes:

(1) Warranties or representations made atany time with respect to the fitness,quality, durability, performance or useof "your work"; and

(2) The providing of or failure to providewarnings or instructions.

(1) Warranties or representations made atany time with respect to the fitness,quality, durability, performance or useof "your product"; and

Page 24 of 24 Form SS 00 08 04 05

SPECTRUM POLICY DECLARATIONS (Continued)POLICY NUMBER: 37 SBA RG7859

LOSS PAYEE :FORM SS 12 12

PROPERTY:

BANK OF BLUE VALLEY11935 RILEY STREETOVERLAND PARK, KS. 66213BUSINESS PERSONAL PROPERTY

LOSS PAYEE :FORM SS 12 12

PROPERTY:

VAR TECHNOLOGY FINANCE AND/OR ITSSUCCESSORS AND ASSIGNSPO BOX 979127MIAMI, FL. 33197LEASED COMPUTER EQUIPMENT

LENDER'S LOSS PAYABLEFORM SS 12 12

PROPERTY:

VAR TECHNOLOGY FINANCE2330 INTERSTATE 30MESQUITE, TX. 75150LEASED COMPUTER EQUIPMENT

Form Numbers of Forms and Endorsements that apply:

SS 00 01 03 14SS 00 61 07 19SS 41 70 06 11SS 01 15 12 17SS 04 19 07 05SS 04 39 07 05SS 04 45 07 05SS 04 80 03 00SS 41 12 12 17IH 10 01 09 86S3 50 19 01 15SS 09 07 12 14SS 09 70 12 14SS 12 15 03 00SX 80 01 06 97

SS 00 05 12 06SS 00 64 09 16SS 41 71 06 11SS 89 93 07 16SS 04 22 07 05SS 04 41 03 18SS 04 46 09 14SS 04 86 03 00SS 41 30 09 07SS 05 21 04 05SS 51 10 03 17SS 09 10 12 14SS 09 71 12 14SS 83 47 07 01SS 83 76 01 15

SS 00 07 07 05SS 84 95 09 07SS 01 06 04 19SS 00 60 09 15SS 04 30 07 05SS 04 42 03 17SS 04 47 04 09SS 40 18 07 05SS 41 51 10 09SS 05 47 09 15SS 51 11 03 17SS 09 12 12 14SS 10 18 04 01IH 99 40 04 09SS 12 23 06 11

SS 00 08 04 05SS 12 35 03 12SS 01 07 07 17SS 04 13 03 92SS 04 33 04 05SS 04 44 07 05SS 04 78 12 17SS 40 93 07 05SS 41 63 06 11SS 50 04 06 04SS 09 01 12 14SS 09 67 09 14SS 12 12 03 92IH 99 41 04 09

IH 12 00 11 85 ADDITIONAL INSUREDIH 12 00 11 85 ADDITIONAL INSURED/LANDLORDIH 12 00 11 85 ADDITIONAL INSURED - DESIGNATED PERSON/ORGIH 12 00 11 85 ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTOR-

SCHEDULED PERSON OR ORGANIZATIONIH 12 00 11 85 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS

-COMPLETED OPERATIONS

Form SS 0002 12 06Process Date: 10/22/20

Page 016

Policy Expiration Date: 01/05/22

COMMERCIAL AUTOMOBILEHA99160312

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE BROAD FORMENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

To the extent that the provisions of this endorsement provide broader benefits to the "insured" than otherprovisions of the Coverage Form, the provisions of this endorsement apply.

1. BROAD FORMINSURED

A. Subsidiaries and Newly Acquired orFormed Organizations

The Named Insured shown in theDeclarations is amended to include:

(1) Any legal business entity other than apartnership or joint venture, formed as asubsidiary in which you have anownership interest of more than 50% onthe effective date of the Coverage Form.However, the Named Insured does notinclude any subsidiary that is an"insured" under any other automobilepolicy or would be an "insured" undersuch a policy but for its termination orthe exhaustion of its Limit of Insurance.

(2) Any organization that is acquired orformed by you and over which youmaintain majority ownership. However,the Named Insured does not include anynewly formed or acquired organization:

(a) That is a partnership or jointventure,

(b) That is an "insured" under any otherpolicy,

(c) That has exhausted its Limit ofInsurance under any other policy, or

(d) 180 days or more after itsacquisition or formation by you,unless you have given us notice ofthe acquisition or formation.

Coverage does not apply to "bodilyinjury" or "property damage" that resultsfrom an "accident" that occurred beforeyou formed or acquired the organization.

B. Employees as Insureds

Paragraph A.1. - WHO IS AN INSURED - ofSECTION II - LIABILITY COVERAGE isamended to add:

d. Any "employee" of yours while using acovered "auto" you don't own, hire or

borrow in your business or yourpersonal affairs.

C. Lessors as Insureds

Paragraph A.1. - WHO IS AN INSURED - ofSection II - Liability Coverage is amended toadd:

e. The lessor of a covered "auto" while the"auto" is leased to you under a writtenagreement if:

(1) The agreement requires you toprovide direct primary insurance forthe lessor and

(2) The "auto" is leased without a driver.

Such a leased "auto" will be considered acovered "auto" you own and not a covered

"auto" you hire.

D. Additional Insured if Required by Contract

(1) Paragraph A.1. - WHO IS AN INSURED- of Section II - Liability Coverage isamended to add:

f. When you have agreed, in a writtencontract or written agreement, that aperson or organization be added asan additional insured on yourbusiness auto policy, such person ororganization is an "insured", but onlyto the extent such person ororganization is liable for "bodilyinjury" or "property damage" causedby the conduct of an "insured" underparagraphs a. or b. of Who Is AnInsured with regard to theownership, maintenance or use of acovered "auto."

FormHA99160312© 2011, The Hartford (Includes copyrighted material

of ISO Properties, Inc., with its permission.) Page 1 of 5

The insurance afforded to any suchadditional insured applies only if the"bodily injury" or "property damage"occurs:

(1) During the policy period, and

(2) Subsequent to the execution of suchwritten contract, and

(3) Prior to the expiration of the periodof time that the written contractrequires such insurance be providedto the additional insured.

(2) How Limits Apply

If you have agreed in a written contractor written agreement that anotherperson or organization be added as anadditional insured on your policy, themost we will pay on behalf of suchadditional insured is the lesser of:

(a) The limits of insurance specified inthe written contract or writtenagreement; or

(b) The Limits of Insurance shown inthe Declarations.

Such amount shall be a part of and notin addition to Limits of Insurance shownin the Declarations and described in thisSection.

(3) Additional Insureds Other Insurance

If we cover a claim or "suit" under thisCoverage Part that may also be coveredby other insurance available to anadditional insured, such additionalinsured must submit such claim or "suit"to the other insurer for defense andindemnity.

However, this provision does not applyto the extent that you have agreed in awritten contract or written agreementthat this insurance is primary and non-contributory with the additional insured'sown insurance.

(4) Duties in The Event Of Accident, Claim,Suit or Loss

If you have agreed in a written contractor written agreement that anotherperson or organization be added as anadditional insured on your policy, theadditional insured shall be required tocomply with the provisions in LOSSCONDITIONS 2. - DUTIES IN THEEVENT OF ACCIDENT, CLAIM , SUITOR LOSS - OF SECTION IV -BUSINESS AUTO CONDITIONS, in thesame manner as the Named Insured.

E. Primary and Non-Contributory ifRequired by Contract

Only with respect to insurance provided toan additional insured in 1.D. - AdditionalInsured If Required by Contract, thefollowing provisions apply:

(3) Primary Insurance When Required ByContract

This insurance is primary if you haveagreed in a written contract or writtenagreement that this insurance beprimary. If other insurance is alsoprimary, we will share with all that otherinsurance by the method described inOther Insurance 5.d.

(4) Primary And Non-Contributory To OtherInsurance When Required By Contract

If you have agreed in a written contractor written agreement that this insuranceis primary and non-contributory with theadditional insured's own insurance, thisinsurance is primary and we will notseek contribution from that otherinsurance.

Paragraphs (3) and (4) do not apply to otherinsurance to which the additional insuredhas been added as an additional insured.

When this insurance is excess, we will have noduty to defend the insured against any "suit" ifany other insurer has a duty to defend theinsured against that "suit". If no other insurerdefends, we will undertake to do so, but we willbe entitled to the insured's rights against allthose other insurers.

When this insurance is excess over otherinsurance, we will pay only our share of theamount of the loss, if any, that exceeds the sumof:

(1) The total amount that all such otherinsurance would pay for the loss in theabsence of this insurance; and

(2) The total of all deductible and self-insuredamounts under all that other Insurance.

We will share the remaining loss, if any, by themethod described in Other Insurance 5.d.

2. AUTOS RENTED BY EMPLOYEES

Any "auto" hired or rented by your "employee"on your behalf and at your direction will beconsidered an "auto" you hire.

The OTHER INSURANCE Condition is amendedby adding the following:

FormHA99160312© 2011,The Hartford (Includes copyrighted material


If an "employee's" personal insurance also

applies on an excess basis to a covered "auto"hired or rented by your "employee" on yourbehalf and at your direction, this insurance willbe primary to the "employee's" personalinsurance.

3. AMENDED FELLOW EMPLOYEE EXCLUSION

EXCLUSION 5. - FELLOW EMPLOYEE - ofSECTION II - LIABILITY COVERAGE does notapply if you have workers' compensationinsurance in-force covering all of your"employees".

Coverage is excess over any other collectibleInsurance.

4. HIRED AUTO PHYSICAL DAMAGE COVERAGE

If hired "autos" are covered "autos" for LiabilityCoverage and if Comprehensive, SpecifiedCauses of Loss, or Collision coverages areprovided under this Coverage Form for any"auto" you own, then the Physical DamageCoverages provided are extended to "autos" youhire or borrow, subject to the following limit.

The most we will pay for "loss" to any hired"auto" is:

(1) $100,000;(2) The actual cash value of the damaged or

stolen property at the time of the "loss"; or

(3) The cost of repairing or replacing thedamaged or stolen property,

whichever is smallest, minus a deductible. Thedeductible will be equal to the largest deductibleapplicable to any owned "auto" for thatcoverage. No deductible applies to "loss" causedby fire or lightning. Hired Auto Physical Damagecoverage is excess over any other collectibleinsurance. Subject to the above limit, deductibleand excess provisions, we will provide coverageequal to the broadest coverage applicable to anycovered "auto" you own.

We will also cover loss of use of the hired "auto"if it results from an "accident", you are legallyliable and the lessor incurs an actual financialloss, subject to a maximum of $1000 per"accident".

This extension of coverage does not apply toany "auto" you hire or borrow from any of your"employees", partners (if you are a partnership),members (if you are a limited liability company),or members of their households.

5. PHYSICAL DAMAGE - ADDITIONALTEMPORARY TRANSPORTATION EXPENSECOVERAGEParagraph A.4.a. of SECTION III - PHYSICALDAMAGE COVERAGE is amended to provide alimit of $50 per day and a maximum limit of$1,000.

6. LOAN/LEASE GAP COVERAGE

Under SECTION III - PHYSICAL DAMAGECOVERAGE, in the event of a total "loss" to acovered "auto", we will pay your additional legalobligation for any difference between the actualcash value of the "auto" at the time of the "loss"and the "outstanding balance" of the loan/lease.

"Outstanding balance" means the amount youowe on the loan/lease at the time of "loss" lessany amounts representing taxes; overduepayments; penalties, interest or chargesresulting from overdue payments; additionalmileage charges; excess wear and tear charges;lease termination fees; security deposits notreturned by the lessor; costs for extendedwarranties, credit life Insurance, health, accidentor disability insurance purchased with the loan orlease; and carry-over balances from previousloans or leases.

7. AIRBAG COVERAGE

Under Paragraph B. EXCLUSIONS - ofSECTION III - PHYSICAL DAMAGECOVERAGE, the following is added:

The exclusion relating to mechanical breakdowndoes not apply to the accidental discharge of an

airbag.

8. ELECTRONIC EQUIPMENT - BROADENEDCOVERAGE

a. The exceptions to Paragraphs B.4 -EXCLUSIONS - of SECTION III - PHYSICALDAMAGE COVERAGE are replaced by thefollowing:

Exclusions 4.c. and 4.d. do not apply toequipment designed to be operated solelyby use of the power from the "auto's"electrical system that, at the time of "loss",is:

(1) Permanently installed in or uponthe covered "auto";

(2) Removable from a housing unitwhich is permanently installed inor upon the covered "auto";

(3) An integral part of the same unithousing any electronicequipment described in

Paragraphs (1) and (2) above; or

FormHA99160312© 2011,The Hartford (Includes copyrighted material


(4) Necessary for the normaloperation of the covered "auto" orthe monitoring of the covered"auto's" operating system.

b.Section III - Version CA 00 01 03 10 of theBusiness Auto Coverage Form, PhysicalDamage Coverage, Limit of Insurance,Paragraph C.2 and Version CA 00 01 10 01 ofthe Business Auto Coverage Form, PhysicalDamage Coverage, Limit of Insurance,Paragraph C are each amended to add thefollowing:

$1,500 is the most we will pay for "loss" inany one "accident" to all electronicequipment (other than equipment designedsolely for the reproduction of sound, andaccessories used with such equipment)that reproduces, receives or transmitsaudio, visual or data signals which, at thetime of "loss", is:

(1) Permanently installed in or uponthe covered "auto" in a housing,

opening or other location that is notnormally used by the "auto"manufacturer for the installation ofsuch equipment;

(2) Removable from a permanentlyinstalled housing unit as describedin Paragraph 2.a. above or is anintegral part of that equipment; or

(3) An integral part of such equipment.

c. For each covered "auto", should loss be limitedto electronic equipment only, our obligation topay for, repair, return or replace damaged orstolen electronic equipment will be reduced bythe applicable deductible shown in theDeclarations, or $250, whichever deductible isless.

9. EXTRA EXPENSE - BROADENEDCOVERAGEUnder Paragraph A. - COVERAGE - of SECTIONIll - PHYSICAL DAMAGE COVERAGE, we willpay for the expense of returning a stolen covered"auto" to you.

10. GLASS REPAIR -WAIVER OF DEDUCTIBLE

Under Paragraph D. - DEDUCTIBLE - of SECTIONIll - PHYSICAL DAMAGE COVERAGE, thefollowing is added:

No deductible applies to glass damage if theglass is repaired rather than replaced.

11. TWO OR MORE DEDUCTIBLES

Under Paragraph D. - DEDUCTIBLE - of SECTIONIll - PHYSICAL DAMAGE COVERAGE, thefollowing is added:

If another Hartford Financial Services Group,Inc. company policy or coverage form that is notan automobile policy or coverage form applies tothe same "accident", the following applies:

(1) If the deductible under this Business AutoCoverage Form is the smaller (or smallest)deductible, it will be waived;

(2) If the deductible under this Business AutoCoverage Form is not the smaller (orsmallest) deductible, it will be reduced bythe amount of the smaller (or smallest)deductible.

12. AMENDED DUTIES IN THE EVENT OFACCIDENT, CLAIM, SUIT OR LOSS

The requirement in LOSS CONDITIONS 2.a. -DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS - of SECTION IV - BUSINESSAUTO CONDITIONS that you must notify us ofan "accident" applies only when the "accident" isknown to:

(1) You, if you are an individual;

(2) A partner, if you are a partnership;

(3) A member, if you are a limited liabilitycompany; or

(4) An executive officer or insurance manager, ifyou are a corporation.

13. UNINTENTIONAL FAILURE TO DISCLOSEHAZARDS

If you unintentionally fail to disclose any hazardsexisting at the inception date of your policy, wewill not deny coverage under this CoverageForm because of such failure.

14. HIRED AUTO - COVERAGE TERRITORY

Paragraph e. of GENERAL CONDITIONS 7. -POLICY PERIOD, COVERAGE TERRITORY -of SECTION IV - BUSINESS AUTOCONDITIONS is replaced by the following:

e. For short-term hired "autos", the coverage

territory with respect to Liability Coverage isanywhere in the world provided that if the"insured's" responsibility to pay damages for"bodily injury" or "property damage" isdetermined in a "suit," the "suit" is brought inthe United States of America, the territoriesand possessions of the United States ofAmerica, Puerto Rico or Canada or in asettlement we agree to.

15. WAIVER OF SUBROGATION

TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US - of SECTION IV -BUSINESS AUTO CONDITIONS is amended byadding the following:

FormHA99160312©2011, The Hartford (Includes copyrighted material


We waive any right of recovery we may haveagainst any person or organization with whomyou have a written contract that requires suchwaiver because of payments we make fordamages under this Coverage Form.

16. RESULTANT MENTAL ANGUISH COVERAGE

The definition of "bodily injury" in SECTION V-DEFINITIONS is replaced by the following:

"Bodily injury" means bodily injury, sickness ordisease sustained by any person, includingmental anguish or death resulting from any ofthese.

17. EXTENDED CANCELLATION CONDITION

Paragraph 2. of the COMMON POLICYCONDITIONS - CANCELLATION - appliesexcept as follows:

If we cancel for any reason other thannonpayment of premium, we will mail or deliverto the first Named Insured written notice ofcancellation at least 60 days before the effectivedate of cancellation.

18. HYBRID, ELECTRIC, OR NATURALVEHICLE PAYMENT COVERAGE

GAS

In the event of a total loss to a "non-hybrid" autofor which Comprehensive, Specified Causes ofLoss, or Collision coverages are provided underthis Coverage Form, then such PhysicalDamage Coverages are amended as follows:

a. If the auto is replaced with a "hybrid" auto oran auto powered solely by electricity or naturalgas, we will pay an additional 10%, to amaximum of $2,500, of the "non-hybrid" auto'sactual cash value or replacement cost,whichever is less,

b,The auto must be replaced and a copy of a billof sale or new lease agreement received by uswithin 60 calendar days of the date of "loss,"

c. Regardless of the number of autos deemed atotal loss, the most we will pay under thisHybrid, Electric, or Natural Gas VehiclePayment Coverage provision for any one"loss" is $10,000.

For the purposes of the coverage provision,

a.A "non-hybrid" auto is defined as an auto thatuses only an internal combustion engine tomove the auto but does not include autospowered solely by electricity or natural gas.

b.A "hybrid" auto is defined as an auto with aninternal combustion engine and one or moreelectric motors; and that uses the internalcombustion engine and one or more electricmotors to move the auto, or the internalcombustion engine to charge one or moreelectric motors, which move the auto.

19. VEHICLE WRAP COVERAGE

In the event of a total loss to an "auto" for whichComprehensive, Specified Causes of Loss, orCollision coverages are provided under thisCoverage Form, then such Physical DamageCoverages are amended to add the following:

In addition to the actual cash value of the "auto",we will pay up to $1,000 for vinyl vehicle wrapswhich are displayed on the covered "auto" at thetime of total loss. Regardless of the number ofautos deemed a total loss, the most we will payunder this Vehicle Wrap Coverage provision forany one "loss" is $5,000. For purposes of thiscoverage provision, signs or other graphicspainted or magnetically affixed to the vehicle arenot considered vehicle wraps.

Form HA99160312© 2011, The Hartford (Includes copyrighted material



NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)

This policy is subject to the following additionalConditions:

A. If this policy is cancelled by the Company, otherthan for nonpayment of premium, notice of suchcancellation will be provided at least thirty (30)days in advance of the cancellation effective dateto the certificate holder(s) with mailing addresseson file with the agent of record or the Company.

B. If this policy is cancelled by the Company fornonpayment of premium, or by the insured, noticeof such cancellation will be provided within (10)days of the cancellation effective date to thecertificate holder(s) with mailing addresses on filewith the agent of record or the Company.

If notice is mailed, proof of mailing to the last knownmailing address of the certificate holder(s) on file withthe agent of record or the Company will be sufficientproof of notice.

Any notification rights provided by this endorsementapply only to active certificate holder(s) who wereissued a certificate of insurance applicable to thispolicy's term.

Failure to provide such notice to the certificateholder(s) will not amend or extend the date thecancellation becomes effective, nor will it negatecancellation of the policy. Failure to send notice shallimpose no liability of any kind upon the Company or itsagents or representatives.

Form IH 03 1306 112011, The Hartford

Page 1 of 1

COMMERCIAL AUTOMOBILECOVERAGE PART - DECLARATIONS __THEBUSINESS AUTO COVERAGE FORM HARTFORD

POLICY NUMBER: 37 UEC VT6194

This COMMERCIAL AUTOMOBILE COVERAGE PART consists of:

A. This Declarations Form;

B. Business Auto Coverage Form; and

C. Any Endorsements issued to be a part of this Coverage Form and listed below.

ITEM ONE - NAMED INSURED AND ADDRESS

The Named Insured is stated on the Common Policy Declarations.

ADVANCE PREMIUM: $ 5,033.00

AUDIT PERIOD:

Except in this Declarations, when we use the word "Declarations" in this Coverage Part, we mean this"Declarations" or the "Common Policy Declarations".

Form Numbers of Coverage Forms, Endorsements and Schedules that are part of this Coverage Part:

HA00040302 HA00120615T CA00011013 HA21020614 CA99031013CA21041013 CA31040218 CA01650716 CA01661013 CA02190116CA05020416 CA20481013 CA23441116 HA99080614 HA99160312IH12011185

FormHA00250615 Page 1 of 4©2015, The Hartford

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


WAIVER OF OUR RIGHT TO RECOVERFROM OTHERS ENDORSEMENT

Policy Number: 37 WEC CC3741 Endorsement Number:Effective Date: 01/05/21 Effective hour is the same as stated on the Information Page of the policy.Named Insured and Address: ENCOMPAS CORPORATION

1512 GRAND BLVDKANSAS CITY MO 64108

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce ourright against the person or organization named In the Schedule.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

SCHEDULE

Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.Endorsement is not applicable in KY, NH, NJ or for any MO construction risk

Countersigned by

Form WC 00 03 13 Printed in U.S.A.

Process Date: 11/26/20

Authorized Representative



NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)


1512 GRAND BLVDKANSAS CITY MO 64108

This policy is subject to the following additionalConditions:

A. If this policy is cancelled by the Company, other thanfor non-payment of premium, notice of suchcancellation will be provided at least thirty (30) daysin advance of the cancellation effective date to thecertificate holder(s) with mailing addresses on filewith the agent of record or the Company,

B. If this policy is cancelled by the Company fornon-payment of premium, or by the insured, noticeof such cancellation will be provided within ten (10)days of the cancellation effective date to thecertificate holder(s) with mailing addresses on filewith the agent of record or the Company.

If notice is mailed, proof of mailing to the last knownmailing address of the certificate holder(s) on file withthe agent of record or the Company will be sufficientproof of notice.

Any notification rights provided by this endorsementapply only to active certificate holder(s) who were issueda certificate of insurance applicable to this policy's term.

Failure to provide such notice to the certificate holder(s)will not amend or extend the date the cancellationbecomes effective, nor will it negate cancellation of thepolicy. Failure to send notice shall impose no liability ofany kind upon the Company or its agents orrepresentatives.

Form WC 99 03 94 Printed in U.S.A.

Process Date: 11/26/20©2011, The Hartford


EXTENSION OF THE INFORMATION PAGE - ITEM 3.D - ENDORSEMENTS


1512 GRAND BLVDKANSAS CIT/MO 64108

Item 3.D. of the Information Page is completed to include the following endorsements:

wcoooooocWC000001A.1WC000001A.2WC000313WC000406WC000414A

WC000419WC000421E

WC000422C

WC000424WC000425WC150401AWC150404WC150601AWC240401

WC240406DWC240601B

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICYINFORMATION PAGEINFORMATION PAGEWAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTPremium Discount Endorsement

90-DAY REPORTING REQUIREMENT- NOTIFICATION OF CHANGE IN OWNERSHIPENDORSEMENTPREMIUM DUE DATE ENDORSEMENTCATASTROPHE (OTHER THAN CERTIFIED ACTS OF TERRORISM) PREMIUMENDORSEMENTTERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT DISCLOSUREENDORSEMENTAUDIT NONCOMPLIANCE CHARGE ENDORSEMENTEXPERIENCE RATING MODIFICATION FACTOR REVISION ENDORSEMENTKANSAS FINAL PREMIUM ENDORSEMENTKANSAS PENDING LOSS COST ENDORSEMENTKANSAS CANCELLATION AND NONRENEWAL ENDORSEMENTMISSOURI CONTRACTING CLASSIFICATION PREMIUM ADJUSTMENTENDORSEMENTMISSOURI EMPLOYER PAID MEDICAL ENDORSEMENTMISSOURI CANCELLATION AND NON RENEWAL ENDORSEMENT

Form WC 99 03 68 Printed in U.S.A.Process Date: 11/26/20 Policy Expiration Date: 01/05/22



1512 GRAND BLVDKANSAS CHTYMO 64108


WC240602B

WC240604CWC260403

WC260601CWC420301JWC420407WC420601WC550022AWC9900011WC990002

WC990005WC990300BWC990302BWC990358B

WC990359B

WC990365WC990366

MISSOURI PROPERTY AND CASUALTY GUARANP>/ASSOCIATIONENDORSEMENTMISSOURI AMENDATORY ENDORSEMENTNEBRASKA EXPERIENCE RATING MODIFICATION FACTOR REVISIONENDORSEMENTNEBRASKA CANCELLATION AND NON RENEWAL ENDORSEMENTTEXAS AMENDATORY ENDORSEMENTTEXAS - AUDIT PREMIUM AND RETROSPECTIVE PREMIUM ENDORSEMENTTEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENTNOTICE TO WORKERS' COMPENSATION POLICYHOLDERS IN TEXAS LETTERSignature/ CopyrightWORKERS' COMPENSATION AND EMPLOYERS' LIABILITY BUSINESS INSURANCEPOLICYSCHEDULE OF OPERATIONSWORKERS' COMPENSATION BROAD FORM ENDORSEMENTWORKERS COMPENSATION BROAD FORM ENDORSEMENTAMENDMENT TO WORKERS COMPENSATION BROAD FORM ENDORSEMENT -EMPLOYERS LIABILITY STOP GAP COVERAGEAMENDMENT TO WORKERS COMPENSATION BROAD FORM ENDORSEMENT -EMPLOYERS LIABILITY STOP GAP COVERAGEEXTENSION OF THE INFORMATION PAGE - ITEM 1 - NAMED INSUREDEXTENSION OF THE INFORMATION PAGE - ITEM 1 - OTHER WORKPLACES




1512 GRAND BLVDKANSAS CIT/MO 64108


WC990367WC990368WC990394

EXTENSION OF THE INFORMATION PAGE - ITEM 3.A - STATES COVEREDEXTENSION OF THE INFORMATION PAGE - ITEM 3.D. - ENDORSEMENTSNOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)


18-117 price increase - encompas

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