illinois union insurance company commercial package a.m

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Commercial Package Declarations

ACE Group

Illinois Union Insurance CompanyA.M. Best Rated A++

Commercial PackageDeclarations

This Policy is issued by the stock insurance company listed above (“Insurer”).

Policy Number: MCR D38042002 001

Renewal of:

Named Insured & Principal Address:Suisu Sushi Inc.213 West 28th StreetNew York, NY 10001

Business Description: Vacant Building & Vacant Land

Policy Period: From 01/25/2016 to 04/25/2016 12:01 a.m. local time at the Principal Addressshown in Item A.

Item A. GENERAL LIABILITYPremium $453

Item B. PROPERTYPremium $484

Item C. Policy Premium: $937Collection and remittance of premium surcharges for surplus lines policies are the responsibility of the surplus lines broker.Terrorism Premium included in Annual Premium $0

Item D. Notice under this Policy shall be given to:ACE North American ClaimsPO Box 5122Scranton, PA 18505-0554Toll Free: [email protected]

FILED: NEW YORK COUNTY CLERK 05/18/2016 05:31 PM INDEX NO. 152958/2016

NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/18/2016

mailto:[email protected]

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Item E. Forms attached at Policy Issuance:

ALL-39844 02 13 ACE GROUP OF COMPANIES U.S. PRIVACY NOTICEALL-20887 10 06 ACE PRODUCER COMPENSATION PRACTICES & POLICIESCP 00 10 10 12 BUILDING AND PERSONAL PROPERTY COVERAGE FORMCG 21 70 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISMIL 09 52 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISMCP 10 10 10 12 CAUSES OF LOSS – BASIC FORMCG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORMCP 00 90 07 88 COMMERCIAL PROPERTY CONDITIONSIL 00 17 11 98 COMMON POLICY CONDITIONSCG 01 63 07 11 NEW YORK CHANGES – COMMERCIAL GENERAL LIABILITY COVERAGE

FORMSL-24693 12 11 NEW YORK SURPLUS LINES NOTIFICATIONWSG-084 05 11 NOTICELD-5S23J 0314 SIGNATURE FORMALL-42490 (03/14) U.S. FOREIGN ACCOUNT TAX COMPLIANCE ACT ("FATCA")IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL

("OFAC") ADVISORY NOTICE TO POLICYHOLDERSCP 04 50 07 88 VACANCY PERMITLD-43208 06 14 CONSTRUCTION OPERATIONS EXCLUSIONCG 21 47 12 07 EMPLOYMENT-RELATED PRACTICES EXCLUSIONCG 21 36 03 05 EXCLUSION – NEW ENTITIESCG 21 04 11 85 EXCLUSION – PRODUCTS-COMPLETED OPERATIONS HAZARDLD-43210 06 14 EXPANDED DEFINITION OF BODILY INJURYLD-43239 06 14 EXTERIOR WORK OVER 50 FEET EXCLUSIONLD-43203 06 14 INDEPENDENT CONTRACTORS/SUBCONTRACTORS EXCLUSIONCG 21 44 07 98 LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECTLD-43209 06 14 POLLUTION, ORGANIC PATHOGEN, SILICA, ASBESTOS AND LEAD

EXCLUSION WITH HOSTILE FIRE AND HUMAN FOOD PRODUCT EXCEPTIONS

LD-43205 06 14 PRE-EXISTING OR PROGRESSIVE DAMAGE EXCLUSIONCG 00 68 05 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN

VIOLATION OF LAW EXCLUSIONFA-43198 06 14 ABSOLUTE POLLUTION EXCLUSION - PROPERTYCC45079 AMENDMENT TO COMMON POLICY CONDITIONSFA-43196 06 14 ASBESTOS MATERIAL EXCLUSIONTRIA11c 01 15 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACTCP 04 35 11 85 FUNCTIONAL REPLACEMENT COSTFA-43192 06 14 LEAD EXCLUSIONCP 12 18 10 12 LOSS PAYABLE PROVISIONSFA-43191 06 14 MAINTENANCE OF HEAT CONDITIONFA-43199 06 14 MOLD, FUNGUS, BACTERIA, VIRUS OR ORGANIC PATHOGEN EXCLUSIONIL 02 68 01 14 NEW YORK CHANGES – CANCELLATION AND NONRENEWALCG 01 04 12 04 NEW YORK CHANGES – PREMIUM AUDITCG 26 21 10 91 NEW YORK CHANGES – TRANSFER OF DUTIES WHEN A LIMIT OF

INSURANCE IS USED UPIL 00 21 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM)FA-43193 06 14 PROTECTIVE DEVICES OR SERVICES PROVISIONSLD-43204 06 14 SECURED VACANT BUILDING CONDITIONSL-34255 SERVICE OF SUIT ENDORSEMENTCP 10 56 06 07 SPRINKLER LEAKAGE EXCLUSIONALL-21101 11 06 TRADE OR ECONOMIC SANCTIONS ENDORSEMENTCP 10 32 08 08 WATER EXCLUSION ENDORSEMENT

GENERAL LIABILITYGeneral Aggregate Limit $2,000,000

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Products/Completed Operations Aggregate Limit ExcludedPersonal & Advertising Injury Limit $1,000,000Each Occurrence Limit $1,000,000Damage to Premises Rented to You $100,000Medical Expense Limit $5,000

Location of all Premises1 213 West 28th Street , New York NY 10001

Loc Classification ClassCode

PremiumBasis

RatesPrem/Ops PR/CO

PremiumPrem/Ops PR/CO

1 Vacant Buildings 68606 2,500 (A) 110.50 Excl $197 Excl

Total General Liability Premium $453

PROPERTYLocation of all Premises

1 213 West 28th Street New York NY 10001

Loc Construction Type Square Footage Year Built1 Joisted Masonry 2,500 1921

Loc Coverage(s) Limit Co-Ins Deductible Valuation Cause of Loss Rate Premium1 Building $250,000 80% $1,000 Functional

Replacementcost

Basic ExcludingSprinkler Leakage

0.16 $410

1 BPP $50,000 80% $1,000 FunctionalReplacement

cost

Basic ExcludingSprinkler Leakage

0.15 $75

Total Property Premium $484

IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President and Secretary, and countersignedby a duly authorized representative of the Insurer.

Item F. DAVID J LOUIE INC217 PARK ROW2ND FLOORNEW YORK, 10038

DATE: 01/26/2016 Authorized Representative

ALL-39844 (02/13) Page 1 of 3

ACE GROUP OF COMPANIES U.S. PRIVACY NOTICE

ACE GROUP OF COMPANIESU.S. PRIVACY NOTICE

FACTS WHAT DOES THE ACE GROUP OF COMPANIES DO WITH YOURPERSONAL INFORMATION?

Why?Insurance companies choose how they share your personal information. Federal and state law givesconsumers the right to limit some but not all sharing. Federal and state law also requires us to tell youhow we collect, share, and protect your personal information. Please read this notice carefully tounderstand what we do.

What?

The types of personal information we collect and share depend on the product or service you havewith us. This information can include:

§ Social Security number and payment history§ insurance claim history and medical information§ account transactions and credit scores

When you are no longer our customer, we continue to share information about you as described in thisnotice.

How?All insurance companies need to share customers’ personal information to run their everydaybusiness. In the section below, we list the reasons insurance companies can share their customers’personal information; the reasons the ACE Group chooses to share; and whether you can limit thissharing.

Reasons we can share yourpersonal information Does ACE share? Can you limit this sharing?

For our everyday business purposes – suchas to process your transactions, maintain youraccount(s), respond to court orders and legalinvestigations, or report to credit bureaus

Yes No

For our marketing purposes – to offer ourproducts and services to you

Yes No

For joint marketing with other financialcompanies

Yes No

For our affiliates’ everyday businesspurposes – information about yourtransactions and experiences

Yes No

For our affiliates’ everyday businesspurposes – information about yourcreditworthiness

No We don’t share

For our affiliates to market to you No We don’t shareFor nonaffiliates to market to you No We don’t share

Questions? Call 1-800-352-4462 or go to www.acegroup.com/us-en/contact-us/general-inquiry-form.aspx

ALL-39844 (02/13) Page 2 of 3

Who we areWho is providing thisnotice?

The ACE Group of Companies. A list of these companies is located at the end of thisdocument.

What we doHow does ACE Groupprotect my personalinformation?

To protect your personal information from unauthorized access and use, we use securitymeasures that comply with federal law. These measures include computer safeguards andsecured files and buildings.

We restrict access to personal information to our employees, affiliates’ employees, orothers who need to know that information to service the account or to conduct our normalbusiness operations.

How does ACE Groupcollect my personalinformation?

We collect your personal information, for example, when you

§ apply for insurance or pay insurance premiums§ file an insurance claim or provide account information§ give us your contact information

We also collect your personal information from others, such as credit bureaus, affiliates, orother companies.

Why can’t I limit allsharing?

Federal law gives you the right to limit only

§ sharing for affiliates’ everyday business purposes – information about yourcreditworthiness

§ affiliates from using your information to market to you§ sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. Seebelow for more on your rights under state law.

DefinitionsAffiliates

Companies related by common ownership or control. They can be financial andnonfinancial companies.

§ Our affiliates include those with an ACE name and financial companies, such asWestchester Fire Insurance Company and ESIS, Inc.

NonaffiliatesCompanies not related by common ownership or control. They can be financial andnonfinancial companies.

§ ACE does not share with nonaffiliates so they can market to you.

Joint MarketingA formal agreement between nonaffiliated financial companies that together marketfinancial products or services to you.

§ Our joint marketing partners include categories of companies such as banks.

ALL-39844 (02/13) Page 3 of 3

Other important informationFor Insurance Customers in CA, CT, GA, IL, MA, ME, MN, MT, NC, NJ, OH, OR, and VA only: Under state law, youhave the right see the personal information about you that we have on file. To see your information, write ACE USCustomer Services, P.O. Box 1000, 436 Walnut Street, WA04B, Philadelphia, PA 19106. ACE USA may charge areasonable fee to cover the costs of providing this information. If you think any of the information is wrong, you maywrite us. We will let you know what actions we take. If you do not agree with our actions, you may send us a statement.If you want a full description of privacy rights that we will protect in accordance with the law in your home state, pleasecontact us and we will provide it. We may disclose information to certain third parties, such as law enforcement officers,without your permission.

For Nevada residents only: We may contact our existing customers by telephone to offer additional insurance productsthat we believe may be of interest to you. Under state law, you have the right to opt out of these calls by adding yourname to our internal do-not-call list. To opt out of these calls, or for more information about your opt out rights, pleasecontact our customer service department. You can reach us by calling 1-800-352-4462, emailing us [email protected], or writing to P.O. Box 1000, 436 Walnut Street, WA04B, Philadelphia, PA 19106. You are beingprovided this notice under Nevada state law. In addition to contacting ACE, Nevada residents can contact the NevadaAttorney General for more information about your opt out rights by calling 775-684-1100, [email protected], or by writing to: Office of the Attorney General, Nevada Department of Justice, Bureau ofConsumer Protection: 100 North Carson Street, Carson City, NV 89701.

For Vermont residents only: Under state law, we will not share information about your creditworthiness within ourcorporate family except with your authorization or consent, but we may share information about our transactions orexperiences with you within our corporate family without your consent.

ACE Group of Companies legal entitiesACE Group of Companies use the names: ACE American Insurance Company, ACE Fire Underwriters Insurance Company, ACE

Insurance Company of the Midwest, ACE Property and Casualty Insurance Company, Atlantic Employers Insurance Company,

Bankers Standard Fire and Marine Company, Bankers Standard Insurance Company, Century Indemnity Company, Illinois Union

Insurance Company, Indemnity Insurance Company of North America, Insurance Company of North America, Pacific Employers

Insurance Company, Westchester Fire Insurance Company, Westchester Surplus Lines Insurance Company, ESIS, Inc., Combined

Insurance Company of America, Combined Life Insurance Company of New York, Penn Millers Insurance Company, Agri General

Insurance Company

ALL-20887 (10/06) Page 1 of 1

ACE Producer Compensation Practices & Policies

ACE Producer CompensationPractices & Policies

ACE believes that policyholders should have access to information about ACE's practices and policies related to thepayment of compensation to brokers and independent agents. You can obtain that information by accessing our websiteat http://www.aceproducercompensation.com or by calling the following toll-free telephone number: 1-866-512-2862.

COMMERCIAL PROPERTYCP 00 10 10 12

CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 16

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

BUILDING AND PERSONAL PROPERTYCOVERAGE FORM

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what isand is not covered.Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we","us" and "our" refer to the company providing this insurance.Other words and phrases that appear in quotation marks have special meaning. Refer to Section H. Definitions.

A. CoverageWe will pay for direct physical loss of or damage toCovered Property at the premises described in theDeclarations caused by or resulting from anyCovered Cause of Loss.1. Covered Property

Covered Property, as used in this Coverage Part,means the type of property described in thissection, A.1., and limited in A.2. Property NotCovered, if a Limit Of Insurance is shown in theDeclarations for that type of property.a. Building, meaning the building or structure

described in the Declarations, including:(1) Completed additions;(2) Fixtures, including outdoor fixtures;(3) Permanently installed:

(a) Machinery; and(b) Equipment;

(4) Personal property owned by you that isused to maintain or service the building orstructure or its premises, including:

(a) Fire-extinguishing equipment;(b) Outdoor furniture;(c) Floor coverings; and(d) Appliances used for refrigerating,

ventilating, cooking, dishwashing orlaundering;

(5) If not covered by other insurance:(a) Additions under construction,

alterations and repairs to the building orstructure;

(b) Materials, equipment, supplies andtemporary structures, on or within 100feet of the described premises, used formaking additions, alterations or repairsto the building or structure.

b. Your Business Personal Property consistsof the following property located in or on thebuilding or structure described in theDeclarations or in the open (or in a vehicle)within 100 feet of the building or structure orwithin 100 feet of the premises described inthe Declarations, whichever distance isgreater:

(1) Furniture and fixtures;(2) Machinery and equipment;(3) "Stock";(4) All other personal property owned by you

and used in your business;(5) Labor, materials or services furnished or

arranged by you on personal property ofothers;

(6) Your use interest as tenant inimprovements and betterments.Improvements and betterments arefixtures, alterations, installations oradditions:

(a) Made a part of the building or structureyou occupy but do not own; and

(b) You acquired or made at your expensebut cannot legally remove;

(7) Leased personal property for which youhave a contractual responsibility to insure,unless otherwise provided for underPersonal Property Of Others.

c. Personal Property Of Others that is:(1) In your care, custody or control; and(2) Located in or on the building or structure

described in the Declarations or in theopen (or in a vehicle) within 100 feet of thebuilding or structure or within 100 feet ofthe premises described in the Declarations,whichever distance is greater.

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

2. Property Not CoveredCovered Property does not include:a. Accounts, bills, currency, food stamps or other

evidences of debt, money, notes or securities.Lottery tickets held for sale are not securities;

b. Animals, unless owned by others and boardedby you, or if owned by you, only as "stock"while inside of buildings;

c. Automobiles held for sale;d. Bridges, roadways, walks, patios or other

paved surfaces;e. Contraband, or property in the course of illegal

transportation or trade;f. The cost of excavations, grading, backfilling or

filling;g. Foundations of buildings, structures,

machinery or boilers if their foundations arebelow:

(1) The lowest basement floor; or(2) The surface of the ground, if there is no

basement;h. Land (including land on which the property is

located), water, growing crops or lawns (otherthan lawns which are part of a vegetated roof);

i. Personal property while airborne orwaterborne;

j. Bulkheads, pilings, piers, wharves or docks;k. Property that is covered under another

coverage form of this or any other policy inwhich it is more specifically described, exceptfor the excess of the amount due (whether youcan collect on it or not) from that otherinsurance;

l. Retaining walls that are not part of a building;m. Underground pipes, flues or drains;

n. Electronic data, except as provided under theAdditional Coverage, Electronic Data.Electronic data means information, facts orcomputer programs stored as or on, created orused on, or transmitted to or from computersoftware (including systems and applicationssoftware), on hard or floppy disks, CD-ROMs,tapes, drives, cells, data processing devices orany other repositories of computer softwarewhich are used with electronically controlledequipment. The term computer programs,referred to in the foregoing description ofelectronic data, means a set of relatedelectronic instructions which direct theoperations and functions of a computer ordevice connected to it, which enable thecomputer or device to receive, process, store,retrieve or send data. This paragraph, n., doesnot apply to your "stock" of prepackagedsoftware, or to electronic data which isintegrated in and operates or controls thebuilding's elevator, lighting, heating,ventilation, air conditioning or security system;

o. The cost to replace or restore the informationon valuable papers and records, includingthose which exist as electronic data. Valuablepapers and records include but are not limitedto proprietary information, books of account,deeds, manuscripts, abstracts, drawings andcard index systems. Refer to the CoverageExtension for Valuable Papers And Records(Other Than Electronic Data) for limitedcoverage for valuable papers and recordsother than those which exist as electronicdata;

p. Vehicles or self-propelled machines (includingaircraft or watercraft) that:

(1) Are licensed for use on public roads; or(2) Are operated principally away from the

described premises.This paragraph does not apply to:

(a) Vehicles or self-propelled machines orautos you manufacture, process orwarehouse;


(b) Vehicles or self-propelled machines,other than autos, you hold for sale;

(c) Rowboats or canoes out of water at thedescribed premises; or

(d) Trailers, but only to the extent providedfor in the Coverage Extension for Non-owned Detached Trailers; or

q. The following property while outside ofbuildings:

(1) Grain, hay, straw or other crops;(2) Fences, radio or television antennas

(including satellite dishes) and their lead-inwiring, masts or towers, trees, shrubs orplants (other than trees, shrubs or plantswhich are "stock" or are part of a vegetatedroof), all except as provided in theCoverage Extensions.

3. Covered Causes Of LossSee applicable Causes Of Loss form as shown inthe Declarations.

4. Additional Coveragesa. Debris Removal

(1) Subject to Paragraphs (2), (3) and (4), wewill pay your expense to remove debris ofCovered Property and other debris that ison the described premises, when suchdebris is caused by or results from aCovered Cause of Loss that occurs duringthe policy period. The expenses will bepaid only if they are reported to us inwriting within 180 days of the date of directphysical loss or damage.

(2) Debris Removal does not apply to costs to:(a) Remove debris of property of yours that

is not insured under this policy, orproperty in your possession that is notCovered Property;

(b) Remove debris of property owned by orleased to the landlord of the buildingwhere your described premises arelocated, unless you have a contractualresponsibility to insure such propertyand it is insured under this policy;

(c) Remove any property that is PropertyNot Covered, including propertyaddressed under the Outdoor PropertyCoverage Extension;

(d) Remove property of others of a typethat would not be Covered Propertyunder this Coverage Form;

(e) Remove deposits of mud or earth fromthe grounds of the described premises;

(f) Extract "pollutants" from land or water;or

(g) Remove, restore or replace pollutedland or water.

(3) Subject to the exceptions in Paragraph (4),the following provisions apply:

(a) The most we will pay for the total ofdirect physical loss or damage plusdebris removal expense is the Limit ofInsurance applicable to the CoveredProperty that has sustained loss ordamage.

(b) Subject to (a) above, the amount wewill pay for debris removal expense islimited to 25% of the sum of thedeductible plus the amount that we payfor direct physical loss or damage to theCovered Property that has sustainedloss or damage. However, if noCovered Property has sustained directphysical loss or damage, the most wewill pay for removal of debris of otherproperty (if such removal is coveredunder this Additional Coverage) is$5,000 at each location.

(4) We will pay up to an additional $25,000 fordebris removal expense, for each location,in any one occurrence of physical loss ordamage to Covered Property, if one orboth of the following circumstances apply:

(a) The total of the actual debris removalexpense plus the amount we pay fordirect physical loss or damage exceedsthe Limit of Insurance on the CoveredProperty that has sustained loss ordamage.

(b) The actual debris removal expenseexceeds 25% of the sum of thedeductible plus the amount that we payfor direct physical loss or damage to theCovered Property that has sustainedloss or damage.


Therefore, if (4)(a) and/or (4)(b) applies,our total payment for direct physical loss ordamage and debris removal expense mayreach but will never exceed the Limit ofInsurance on the Covered Property thathas sustained loss or damage, plus$25,000.

(5) ExamplesThe following examples assume that thereis no Coinsurance penalty.

Example 1Limit of Insurance: $ 90,000Amount of Deductible: $ 500Amount of Loss: $ 50,000Amount of Loss Payable: $ 49,500

($50,000 – $500)Debris Removal Expense: $ 10,000Debris Removal Expense Payable: $ 10,000($10,000 is 20% of $50,000.)

The debris removal expense is less than 25% of the sumof the loss payable plus the deductible. The sum of theloss payable and the debris removal expense ($49,500 +$10,000 = $59,500) is less than the Limit of Insurance.Therefore, the full amount of debris removal expense ispayable in accordance with the terms of Paragraph (3).Example 2Limit of Insurance: $ 90,000Amount of Deductible: $ 500Amount of Loss: $ 80,000Amount of Loss Payable: $ 79,500

($80,000 – $500)Debris Removal Expense: $ 40,000Debris Removal Expense Payable

Basic Amount: $ 10,500Additional Amount: $ 25,000

The basic amount payable for debris removal expenseunder the terms of Paragraph (3) is calculated asfollows: $80,000 ($79,500 + $500) x .25 = $20,000,capped at $10,500. The cap applies because the sum ofthe loss payable ($79,500) and the basic amountpayable for debris removal expense ($10,500) cannotexceed the Limit of Insurance ($90,000).

The additional amount payable for debris removalexpense is provided in accordance with the terms ofParagraph (4), because the debris removal expense($40,000) exceeds 25% of the loss payable plus thedeductible ($40,000 is 50% of $80,000), and becausethe sum of the loss payable and debris removal expense($79,500 + $40,000 = $119,500) would exceed the Limitof Insurance ($90,000). The additional amount ofcovered debris removal expense is $25,000, themaximum payable under Paragraph (4). Thus, the totalpayable for debris removal expense in this example is$35,500; $4,500 of the debris removal expense is notcovered.

b. Preservation Of PropertyIf it is necessary to move Covered Propertyfrom the described premises to preserve itfrom loss or damage by a Covered Cause ofLoss, we will pay for any direct physical lossor damage to that property:

(1) While it is being moved or whiletemporarily stored at another location; and

(2) Only if the loss or damage occurs within 30days after the property is first moved.

c. Fire Department Service ChargeWhen the fire department is called to save orprotect Covered Property from a CoveredCause of Loss, we will pay up to $1,000 forservice at each premises described in theDeclarations, unless a higher limit is shown inthe Declarations. Such limit is the most we willpay regardless of the number of respondingfire departments or fire units, and regardlessof the number or type of services performed.This Additional Coverage applies to yourliability for fire department service charges:

(1) Assumed by contract or agreement prior toloss; or

(2) Required by local ordinance.No Deductible applies to this AdditionalCoverage.


d. Pollutant Clean-up And RemovalWe will pay your expense to extract"pollutants" from land or water at thedescribed premises if the discharge, dispersal,seepage, migration, release or escape of the"pollutants" is caused by or results from aCovered Cause of Loss that occurs during thepolicy period. The expenses will be paid only ifthey are reported to us in writing within 180days of the date on which the Covered Causeof Loss occurs.This Additional Coverage does not apply tocosts to test for, monitor or assess theexistence, concentration or effects of"pollutants". But we will pay for testing which isperformed in the course of extracting the"pollutants" from the land or water.The most we will pay under this AdditionalCoverage for each described premises is$10,000 for the sum of all covered expensesarising out of Covered Causes of Lossoccurring during each separate 12-monthperiod of this policy.

e. Increased Cost Of Construction(1) This Additional Coverage applies only to

buildings to which the Replacement CostOptional Coverage applies.

(2) In the event of damage by a CoveredCause of Loss to a building that is CoveredProperty, we will pay the increased costsincurred to comply with the minimumstandards of an ordinance or law in thecourse of repair, rebuilding or replacementof damaged parts of that property, subjectto the limitations stated in e.(3) throughe.(9) of this Additional Coverage.

(3) The ordinance or law referred to in e.(2) ofthis Additional Coverage is an ordinance orlaw that regulates the construction or repairof buildings or establishes zoning or landuse requirements at the describedpremises and is in force at the time of loss.

(4) Under this Additional Coverage, we will notpay any costs due to an ordinance or lawthat:

(a) You were required to comply withbefore the loss, even when the buildingwas undamaged; and

(b) You failed to comply with.

(5) Under this Additional Coverage, we will notpay for:

(a) The enforcement of or compliance withany ordinance or law which requiresdemolition, repair, replacement,reconstruction, remodeling orremediation of property due tocontamination by "pollutants" or due tothe presence, growth, proliferation,spread or any activity of "fungus", wetor dry rot or bacteria; or

(b) Any costs associated with theenforcement of or compliance with anordinance or law which requires anyinsured or others to test for, monitor,clean up, remove, contain, treat,detoxify or neutralize, or in any wayrespond to, or assess the effects of"pollutants", "fungus", wet or dry rot orbacteria.

(6) The most we will pay under this AdditionalCoverage, for each described buildinginsured under this Coverage Form, is$10,000 or 5% of the Limit of Insuranceapplicable to that building, whichever isless. If a damaged building is coveredunder a blanket Limit of Insurance whichapplies to more than one building or item ofproperty, then the most we will pay underthis Additional Coverage, for that damagedbuilding, is the lesser of $10,000 or 5%times the value of the damaged building asof the time of loss times the applicableCoinsurance percentage.The amount payable under this AdditionalCoverage is additional insurance.

(7) With respect to this Additional Coverage:(a) We will not pay for the Increased Cost

of Construction:(i) Until the property is actually

repaired or replaced at the same oranother premises; and

(ii) Unless the repair or replacement ismade as soon as reasonablypossible after the loss or damage,not to exceed two years. We mayextend this period in writing duringthe two years.


(b) If the building is repaired or replaced atthe same premises, or if you elect torebuild at another premises, the mostwe will pay for the Increased Cost ofConstruction, subject to the provisionsof e.(6) of this Additional Coverage, isthe increased cost of construction at thesame premises.

(c) If the ordinance or law requiresrelocation to another premises, themost we will pay for the Increased Costof Construction, subject to theprovisions of e.(6) of this AdditionalCoverage, is the increased cost ofconstruction at the new premises.

(8) This Additional Coverage is not subject tothe terms of the Ordinance Or LawExclusion to the extent that such Exclusionwould conflict with the provisions of thisAdditional Coverage.

(9) The costs addressed in the Loss Paymentand Valuation Conditions and theReplacement Cost Optional Coverage, inthis Coverage Form, do not include theincreased cost attributable to enforcementof or compliance with an ordinance or law.The amount payable under this AdditionalCoverage, as stated in e.(6) of thisAdditional Coverage, is not subject to suchlimitation.

f. Electronic Data(1) Under this Additional Coverage, electronic

data has the meaning described underProperty Not Covered, Electronic Data.This Additional Coverage does not apply toyour "stock" of prepackaged software, or toelectronic data which is integrated in andoperates or controls the building's elevator,lighting, heating, ventilation, airconditioning or security system.

(2) Subject to the provisions of this AdditionalCoverage, we will pay for the cost toreplace or restore electronic data whichhas been destroyed or corrupted by aCovered Cause of Loss. To the extent thatelectronic data is not replaced or restored,the loss will be valued at the cost ofreplacement of the media on which theelectronic data was stored, with blankmedia of substantially identical type.

(3) The Covered Causes of Loss applicable toYour Business Personal Property apply tothis Additional Coverage, Electronic Data,subject to the following:

(a) If the Causes Of Loss – Special Formapplies, coverage under this AdditionalCoverage, Electronic Data, is limited tothe "specified causes of loss" asdefined in that form and Collapse as setforth in that form.

(b) If the Causes Of Loss – Broad Formapplies, coverage under this AdditionalCoverage, Electronic Data, includesCollapse as set forth in that form.

(c) If the Causes Of Loss form is endorsedto add a Covered Cause of Loss, theadditional Covered Cause of Loss doesnot apply to the coverage providedunder this Additional Coverage,Electronic Data.

(d) The Covered Causes of Loss include avirus, harmful code or similar instructionintroduced into or enacted on acomputer system (including electronicdata) or a network to which it isconnected, designed to damage ordestroy any part of the system ordisrupt its normal operation. But there isno coverage for loss or damage causedby or resulting from manipulation of acomputer system (including electronicdata) by any employee, including atemporary or leased employee, or by anentity retained by you or for you toinspect, design, install, modify,maintain, repair or replace that system.


(4) The most we will pay under this AdditionalCoverage, Electronic Data, is $2,500(unless a higher limit is shown in theDeclarations) for all loss or damagesustained in any one policy year,regardless of the number of occurrences ofloss or damage or the number of premises,locations or computer systems involved. Ifloss payment on the first occurrence doesnot exhaust this amount, then the balanceis available for subsequent loss or damagesustained in but not after that policy year.With respect to an occurrence whichbegins in one policy year and continues orresults in additional loss or damage in asubsequent policy year(s), all loss ordamage is deemed to be sustained in thepolicy year in which the occurrence began.

5. Coverage ExtensionsExcept as otherwise provided, the followingExtensions apply to property located in or on thebuilding described in the Declarations or in theopen (or in a vehicle) within 100 feet of thedescribed premises.If a Coinsurance percentage of 80% or more, or aValue Reporting period symbol, is shown in theDeclarations, you may extend the insuranceprovided by this Coverage Part as follows:a. Newly Acquired Or Constructed Property

(1) BuildingsIf this policy covers Building, you mayextend that insurance to apply to:

(a) Your new buildings while being built onthe described premises; and

(b) Buildings you acquire at locations, otherthan the described premises, intendedfor:(i) Similar use as the building

described in the Declarations; or(ii) Use as a warehouse.

The most we will pay for loss or damageunder this Extension is $250,000 at eachbuilding.

(2) Your Business Personal Property(a) If this policy covers Your Business

Personal Property, you may extend thatinsurance to apply to:(i) Business personal property,

including such property that younewly acquire, at any location youacquire other than at fairs, tradeshows or exhibitions; or

(ii) Business personal property,including such property that younewly acquire, located at your newlyconstructed or acquired buildings atthe location described in theDeclarations.

The most we will pay for loss ordamage under this Extension is$100,000 at each building.

(b) This Extension does not apply to:(i) Personal property of others that is

temporarily in your possession inthe course of installing or performingwork on such property; or

(ii) Personal property of others that istemporarily in your possession inthe course of your manufacturing orwholesaling activities.

(3) Period Of CoverageWith respect to insurance provided underthis Coverage Extension for NewlyAcquired Or Constructed Property,coverage will end when any of thefollowing first occurs:

(a) This policy expires;(b) 30 days expire after you acquire the

property or begin construction of thatpart of the building that would qualify ascovered property; or

(c) You report values to us.We will charge you additional premium forvalues reported from the date you acquirethe property or begin construction of thatpart of the building that would qualify ascovered property.


b. Personal Effects And Property Of OthersYou may extend the insurance that applies toYour Business Personal Property to apply to:

(1) Personal effects owned by you, yourofficers, your partners or members, yourmanagers or your employees. ThisExtension does not apply to loss ordamage by theft.

(2) Personal property of others in your care,custody or control.

The most we will pay for loss or damageunder this Extension is $2,500 at eachdescribed premises. Our payment for loss ofor damage to personal property of others willonly be for the account of the owner of theproperty.

c. Valuable Papers And Records (Other ThanElectronic Data)

(1) You may extend the insurance that appliesto Your Business Personal Property toapply to the cost to replace or restore thelost information on valuable papers andrecords for which duplicates do not exist.But this Extension does not apply tovaluable papers and records which exist aselectronic data. Electronic data has themeaning described under Property NotCovered, Electronic Data.

(2) If the Causes Of Loss – Special Formapplies, coverage under this Extension islimited to the "specified causes of loss" asdefined in that form and Collapse as setforth in that form.

(3) If the Causes Of Loss – Broad Formapplies, coverage under this Extensionincludes Collapse as set forth in that form.

(4) Under this Extension, the most we will payto replace or restore the lost information is$2,500 at each described premises, unlessa higher limit is shown in the Declarations.Such amount is additional insurance. Wewill also pay for the cost of blank materialfor reproducing the records (whether or notduplicates exist) and (when there is aduplicate) for the cost of labor to transcribeor copy the records. The costs of blankmaterial and labor are subject to theapplicable Limit of Insurance on YourBusiness Personal Property and, therefore,coverage of such costs is not additionalinsurance.

d. Property Off-premises(1) You may extend the insurance provided by

this Coverage Form to apply to yourCovered Property while it is away from thedescribed premises, if it is:

(a) Temporarily at a location you do notown, lease or operate;

(b) In storage at a location you lease,provided the lease was executed afterthe beginning of the current policy term;or

(c) At any fair, trade show or exhibition.(2) This Extension does not apply to property:

(a) In or on a vehicle; or(b) In the care, custody or control of your

salespersons, unless the property is insuch care, custody or control at a fair,trade show or exhibition.

(3) The most we will pay for loss or damageunder this Extension is $10,000.

e. Outdoor PropertyYou may extend the insurance provided bythis Coverage Form to apply to your outdoorfences, radio and television antennas(including satellite dishes), trees, shrubs andplants (other than trees, shrubs or plantswhich are "stock" or are part of a vegetatedroof), including debris removal expense,caused by or resulting from any of thefollowing causes of loss if they are CoveredCauses of Loss:

(1) Fire;(2) Lightning;(3) Explosion;(4) Riot or Civil Commotion; or(5) Aircraft.The most we will pay for loss or damageunder this Extension is $1,000, but not morethan $250 for any one tree, shrub or plant.These limits apply to any one occurrence,regardless of the types or number of items lostor damaged in that occurrence.


Subject to all aforementioned terms andlimitations of coverage, this CoverageExtension includes the expense of removingfrom the described premises the debris oftrees, shrubs and plants which are theproperty of others, except in the situation inwhich you are a tenant and such property isowned by the landlord of the describedpremises.

f. Non-owned Detached Trailers(1) You may extend the insurance that applies

to Your Business Personal Property toapply to loss or damage to trailers that youdo not own, provided that:

(a) The trailer is used in your business;(b) The trailer is in your care, custody or

control at the premises described in theDeclarations; and

(c) You have a contractual responsibility topay for loss or damage to the trailer.

(2) We will not pay for any loss or damage thatoccurs:

(a) While the trailer is attached to anymotor vehicle or motorized conveyance,whether or not the motor vehicle ormotorized conveyance is in motion;

(b) During hitching or unhitchingoperations, or when a trailer becomesaccidentally unhitched from a motorvehicle or motorized conveyance.

(3) The most we will pay for loss or damageunder this Extension is $5,000, unless ahigher limit is shown in the Declarations.

(4) This insurance is excess over the amountdue (whether you can collect on it or not)from any other insurance covering suchproperty.

g. Business Personal Property Temporarily InPortable Storage Units

(1) You may extend the insurance that appliesto Your Business Personal Property toapply to such property while temporarilystored in a portable storage unit (includinga detached trailer) located within 100 feetof the building or structure described in theDeclarations or within 100 feet of thepremises described in the Declarations,whichever distance is greater.

(2) If the applicable Covered Causes of Lossform or endorsement contains a limitationor exclusion concerning loss or damagefrom sand, dust, sleet, snow, ice or rain toproperty in a structure, such limitation orexclusion also applies to property in aportable storage unit.

(3) Coverage under this Extension:(a) Will end 90 days after the business

personal property has been placed inthe storage unit;

(b) Does not apply if the storage unit itselfhas been in use at the describedpremises for more than 90 consecutivedays, even if the business personalproperty has been stored there for 90 orfewer days as of the time of loss ordamage.

(4) Under this Extension, the most we will payfor the total of all loss or damage tobusiness personal property is $10,000(unless a higher limit is indicated in theDeclarations for such Extension)regardless of the number of storage units.Such limit is part of, not in addition to, theapplicable Limit of Insurance on YourBusiness Personal Property. Therefore,payment under this Extension will notincrease the applicable Limit of Insuranceon Your Business Personal Property.

(5) This Extension does not apply to loss ordamage otherwise covered under thisCoverage Form or any endorsement to thisCoverage Form or policy, and does notapply to loss or damage to the storage unititself.

Each of these Extensions is additional insuranceunless otherwise indicated. The AdditionalCondition, Coinsurance, does not apply to theseExtensions.

B. Exclusions And LimitationsSee applicable Causes Of Loss form as shown in theDeclarations.

C. Limits Of InsuranceThe most we will pay for loss or damage in any oneoccurrence is the applicable Limit Of Insuranceshown in the Declarations.The most we will pay for loss or damage to outdoorsigns, whether or not the sign is attached to abuilding, is $2,500 per sign in any one occurrence.


The amounts of insurance stated in the followingAdditional Coverages apply in accordance with theterms of such coverages and are separate from theLimit(s) Of Insurance shown in the Declarations forany other coverage:1. Fire Department Service Charge;2. Pollutant Clean-up And Removal;3. Increased Cost Of Construction; and4. Electronic Data.Payments under the Preservation Of PropertyAdditional Coverage will not increase the applicableLimit of Insurance.

D. DeductibleIn any one occurrence of loss or damage (hereinafterreferred to as loss), we will first reduce the amount ofloss if required by the Coinsurance Condition or theAgreed Value Optional Coverage. If the adjustedamount of loss is less than or equal to theDeductible, we will not pay for that loss. If theadjusted amount of loss exceeds the Deductible, wewill then subtract the Deductible from the adjustedamount of loss and will pay the resulting amount orthe Limit of Insurance, whichever is less.When the occurrence involves loss to more than oneitem of Covered Property and separate Limits ofInsurance apply, the losses will not be combined indetermining application of the Deductible. But theDeductible will be applied only once per occurrence.

Example 1(This example assumes there is no Coinsurancepenalty.)

Deductible: $ 250Limit of Insurance – Building 1: $ 60,000Limit of Insurance – Building 2: $ 80,000Loss to Building 1: $ 60,100Loss to Building 2: $ 90,000

The amount of loss to Building 1 ($60,100) is less thanthe sum ($60,250) of the Limit of Insurance applicable toBuilding 1 plus the Deductible.The Deductible will be subtracted from the amount ofloss in calculating the loss payable for Building 1:

$ 60,100– 250$ 59,850 Loss Payable – Building 1

The Deductible applies once per occurrence andtherefore is not subtracted in determining the amount ofloss payable for Building 2. Loss payable for Building 2is the Limit of Insurance of $80,000.

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

Loss to Building 1: $ 70,000(Exceeds Limit of Insurance plus Deductible)

Loss to Building 2: $ 90,000(Exceeds Limit of Insurance plus Deductible)

Loss Payable – Building 1: $ 60,000(Limit of Insurance)

Loss Payable – Building 2: $ 80,000(Limit of Insurance)

Total amount of loss payable: $ 140,000

E. Loss ConditionsThe following conditions apply in addition to theCommon Policy Conditions and the CommercialProperty Conditions:1. Abandonment

There can be no abandonment of any property tous.

2. AppraisalIf we and you disagree on the value of theproperty or the amount of loss, either may makewritten demand for an appraisal of the loss. In thisevent, each party will select a competent andimpartial appraiser. The two appraisers will selectan umpire. If they cannot agree, either mayrequest that selection be made by a judge of acourt having jurisdiction. The appraisers will stateseparately the value of the property and amountof loss. If they fail to agree, they will submit theirdifferences to the umpire. A decision agreed to byany two will be binding. Each party will:a. Pay its chosen appraiser; andb. Bear the other expenses of the appraisal and

umpire equally.If there is an appraisal, we will still retain our rightto deny the claim.

3. Duties In The Event Of Loss Or Damagea. You must see that the following are done in

the event of loss or damage to CoveredProperty:

(1) Notify the police if a law may have beenbroken.


(2) Give us prompt notice of the loss ordamage. Include a description of theproperty involved.

(3) As soon as possible, give us a descriptionof how, when and where the loss ordamage occurred.

(4) Take all reasonable steps to protect theCovered Property from further damage,and keep a record of your expensesnecessary to protect the Covered Property,for consideration in the settlement of theclaim. This will not increase the Limit ofInsurance. However, we will not pay forany subsequent loss or damage resultingfrom a cause of loss that is not a CoveredCause of Loss. Also, if feasible, set thedamaged property aside and in the bestpossible order for examination.

(5) At our request, give us completeinventories of the damaged andundamaged property. Include quantities,costs, values and amount of loss claimed.

(6) As often as may be reasonably required,permit us to inspect the property provingthe loss or damage and examine yourbooks and records.Also, permit us to take samples ofdamaged and undamaged property forinspection, testing and analysis, and permitus to make copies from your books andrecords.

(7) Send us a signed, sworn proof of losscontaining the information we request toinvestigate the claim. You must do thiswithin 60 days after our request. We willsupply you with the necessary forms.

(8) Cooperate with us in the investigation orsettlement of the claim.

b. We may examine any insured under oath,while not in the presence of any other insuredand at such times as may be reasonablyrequired, about any matter relating to thisinsurance or the claim, including an insured'sbooks and records. In the event of anexamination, an insured's answers must besigned.

4. Loss Paymenta. In the event of loss or damage covered by this

Coverage Form, at our option, we will either:(1) Pay the value of lost or damaged property;(2) Pay the cost of repairing or replacing the

lost or damaged property, subject to b.below;

(3) Take all or any part of the property at anagreed or appraised value; or

(4) Repair, rebuild or replace the property withother property of like kind and quality,subject to b. below.

We will determine the value of lost ordamaged property, or the cost of its repair orreplacement, in accordance with theapplicable terms of the Valuation Condition inthis Coverage Form or any applicableprovision which amends or supersedes theValuation Condition.

b. The cost to repair, rebuild or replace does notinclude the increased cost attributable toenforcement of or compliance with anyordinance or law regulating the construction,use or repair of any property.

c. We will give notice of our intentions within 30days after we receive the sworn proof of loss.

d. We will not pay you more than your financialinterest in the Covered Property.

e. We may adjust losses with the owners of lostor damaged property if other than you. If wepay the owners, such payments will satisfyyour claims against us for the owners'property. We will not pay the owners morethan their financial interest in the CoveredProperty.

f. We may elect to defend you against suitsarising from claims of owners of property. Wewill do this at our expense.

g. We will pay for covered loss or damage within30 days after we receive the sworn proof ofloss, if you have complied with all of the termsof this Coverage Part, and:

(1) We have reached agreement with you onthe amount of loss; or

(2) An appraisal award has been made.


h. A party wall is a wall that separates and iscommon to adjoining buildings that are ownedby different parties. In settling covered lossesinvolving a party wall, we will pay a proportionof the loss to the party wall based on yourinterest in the wall in proportion to the interestof the owner of the adjoining building.However, if you elect to repair or replace yourbuilding and the owner of the adjoiningbuilding elects not to repair or replace thatbuilding, we will pay you the full value of theloss to the party wall, subject to all applicablepolicy provisions including Limits of Insurance,the Valuation and Coinsurance Conditions andall other provisions of this Loss PaymentCondition. Our payment under the provisionsof this paragraph does not alter any right ofsubrogation we may have against any entity,including the owner or insurer of the adjoiningbuilding, and does not alter the terms of theTransfer Of Rights Of Recovery AgainstOthers To Us Condition in this policy.

5. Recovered PropertyIf either you or we recover any property after losssettlement, that party must give the other promptnotice. At your option, the property will bereturned to you. You must then return to us theamount we paid to you for the property. We willpay recovery expenses and the expenses torepair the recovered property, subject to the Limitof Insurance.

6. Vacancya. Description Of Terms

(1) As used in this Vacancy Condition, theterm building and the term vacant have themeanings set forth in (1)(a) and (1)(b)below:

(a) When this policy is issued to a tenant,and with respect to that tenant's interestin Covered Property, building meansthe unit or suite rented or leased to thetenant. Such building is vacant when itdoes not contain enough businesspersonal property to conduct customaryoperations.

(b) When this policy is issued to the owneror general lessee of a building, buildingmeans the entire building. Suchbuilding is vacant unless at least 31%of its total square footage is:(i) Rented to a lessee or sublessee

and used by the lessee orsublessee to conduct its customaryoperations; and/or

(ii) Used by the building owner toconduct customary operations.

(2) Buildings under construction or renovationare not considered vacant.

b. Vacancy ProvisionsIf the building where loss or damage occurshas been vacant for more than 60 consecutivedays before that loss or damage occurs:

(1) We will not pay for any loss or damagecaused by any of the following, even if theyare Covered Causes of Loss:

(a) Vandalism;(b) Sprinkler leakage, unless you have

protected the system against freezing;(c) Building glass breakage;(d) Water damage;(e) Theft; or(f) Attempted theft.

(2) With respect to Covered Causes of Lossother than those listed in b.(1)(a) throughb.(1)(f) above, we will reduce the amountwe would otherwise pay for the loss ordamage by 15%.

7. ValuationWe will determine the value of Covered Propertyin the event of loss or damage as follows:a. At actual cash value as of the time of loss or

damage, except as provided in b., c., d. and e.below.

b. If the Limit of Insurance for Building satisfiesthe Additional Condition, Coinsurance, and thecost to repair or replace the damaged buildingproperty is $2,500 or less, we will pay the costof building repairs or replacement.


The cost of building repairs or replacementdoes not include the increased costattributable to enforcement of or compliancewith any ordinance or law regulating theconstruction, use or repair of any property.However, the following property will be valuedat the actual cash value, even when attachedto the building:

(1) Awnings or floor coverings;(2) Appliances for refrigerating, ventilating,

cooking, dishwashing or laundering; or(3) Outdoor equipment or furniture.

c. "Stock" you have sold but not delivered at theselling price less discounts and expenses youotherwise would have had.

d. Glass at the cost of replacement with safety-glazing material if required by law.

e. Tenants' Improvements and Betterments at:(1) Actual cash value of the lost or damaged

property if you make repairs promptly.(2) A proportion of your original cost if you do

not make repairs promptly. We willdetermine the proportionate value asfollows:

(a) Multiply the original cost by the numberof days from the loss or damage to theexpiration of the lease; and

(b) Divide the amount determined in (a)above by the number of days from theinstallation of improvements to theexpiration of the lease.

If your lease contains a renewal option, theexpiration of the renewal option period willreplace the expiration of the lease in thisprocedure.

(3) Nothing if others pay for repairs orreplacement.

F. Additional ConditionsThe following conditions apply in addition to theCommon Policy Conditions and the CommercialProperty Conditions:1. Coinsurance

If a Coinsurance percentage is shown in theDeclarations, the following condition applies:a. We will not pay the full amount of any loss if

the value of Covered Property at the time ofloss times the Coinsurance percentage shownfor it in the Declarations is greater than theLimit of Insurance for the property.

Instead, we will determine the most we willpay using the following steps:

(1) Multiply the value of Covered Property atthe time of loss by the Coinsurancepercentage;

(2) Divide the Limit of Insurance of theproperty by the figure determined in Step(1);

(3) Multiply the total amount of loss, before theapplication of any deductible, by the figuredetermined in Step (2); and

(4) Subtract the deductible from the figuredetermined in Step (3).

We will pay the amount determined in Step (4)or the Limit of Insurance, whichever is less.For the remainder, you will either have to relyon other insurance or absorb the loss yourself.

Example 1 (Underinsurance)When: The value of the property is: $ 250,000

The Coinsurance percentagefor it is: 80%The Limit of Insurance for it is: $ 100,000The Deductible is: $ 250The amount of loss is: $ 40,000

Step (1): $250,000 x 80% = $200,000(the minimum amount of insurance tomeet your Coinsurance requirements)

Step (2): $100,000 ¸ $200,000 = .50Step (3): $40,000 x .50 = $20,000Step (4): $20,000 – $250 = $19,750

We will pay no more than $19,750. The remaining$20,250 is not covered.Example 2 (Adequate Insurance)When: The value of the property is: $ 250,000

The Coinsurance percentagefor it is: 80%The Limit of Insurance for it is: $ 200,000The Deductible is: $ 250The amount of loss is: $ 40,000

The minimum amount of insurance to meet yourCoinsurance requirement is $200,000 ($250,000 x 80%).Therefore, the Limit of Insurance in this example isadequate, and no penalty applies. We will pay no morethan $39,750 ($40,000 amount of loss minus thedeductible of $250).


b. If one Limit of Insurance applies to two ormore separate items, this condition will applyto the total of all property to which the limitapplies.

Example 3When: The value of the property is:

Building at Location 1: $ 75,000Building at Location 2: $ 100,000Personal Propertyat Location 2: $ 75,000

$ 250,000The Coinsurance percentagefor it is: 90%The Limit of Insurance forBuildings and Personal Propertyat Locations 1 and 2 is: $ 180,000The Deductible is: $ 1,000The amount of loss is:Building at Location 2: $ 30,000Personal Propertyat Location 2: $ 20,000

$ 50,000Step (1): $250,000 x 90% = $225,000

(the minimum amount of insurance tomeet your Coinsurance requirementsand to avoid the penalty shown below)

Step (2): $180,000 ¸ $225,000 = .80Step (3): $50,000 x .80 = $40,000Step (4): $40,000 – $1,000 = $39,000

We will pay no more than $39,000. The remaining$11,000 is not covered.

2. Mortgageholdersa. The term mortgageholder includes trustee.b. We will pay for covered loss of or damage to

buildings or structures to each mortgageholdershown in the Declarations in their order ofprecedence, as interests may appear.

c. The mortgageholder has the right to receiveloss payment even if the mortgageholder hasstarted foreclosure or similar action on thebuilding or structure.

d. If we deny your claim because of your acts orbecause you have failed to comply with theterms of this Coverage Part, themortgageholder will still have the right toreceive loss payment if the mortgageholder:

(1) Pays any premium due under thisCoverage Part at our request if you havefailed to do so;

(2) Submits a signed, sworn proof of losswithin 60 days after receiving notice fromus of your failure to do so; and

(3) Has notified us of any change inownership, occupancy or substantialchange in risk known to themortgageholder.

All of the terms of this Coverage Part will thenapply directly to the mortgageholder.

e. If we pay the mortgageholder for any loss ordamage and deny payment to you because ofyour acts or because you have failed tocomply with the terms of this Coverage Part:

(1) The mortgageholder's rights under themortgage will be transferred to us to theextent of the amount we pay; and

(2) The mortgageholder's right to recover thefull amount of the mortgageholder's claimwill not be impaired.

At our option, we may pay to themortgageholder the whole principal on themortgage plus any accrued interest. In thisevent, your mortgage and note will betransferred to us and you will pay yourremaining mortgage debt to us.

f. If we cancel this policy, we will give writtennotice to the mortgageholder at least:

(1) 10 days before the effective date ofcancellation if we cancel for yournonpayment of premium; or

(2) 30 days before the effective date ofcancellation if we cancel for any otherreason.

g. If we elect not to renew this policy, we will givewritten notice to the mortgageholder at least10 days before the expiration date of thispolicy.

G. Optional CoveragesIf shown as applicable in the Declarations, thefollowing Optional Coverages apply separately toeach item:1. Agreed Value

a. The Additional Condition, Coinsurance, doesnot apply to Covered Property to which thisOptional Coverage applies. We will pay nomore for loss of or damage to that propertythan the proportion that the Limit of Insuranceunder this Coverage Part for the propertybears to the Agreed Value shown for it in theDeclarations.


b. If the expiration date for this OptionalCoverage shown in the Declarations is notextended, the Additional Condition,Coinsurance, is reinstated and this OptionalCoverage expires.

c. The terms of this Optional Coverage applyonly to loss or damage that occurs:

(1) On or after the effective date of thisOptional Coverage; and

(2) Before the Agreed Value expiration dateshown in the Declarations or the policyexpiration date, whichever occurs first.

2. Inflation Guarda. The Limit of Insurance for property to which

this Optional Coverage applies willautomatically increase by the annualpercentage shown in the Declarations.

b. The amount of increase will be:(1) The Limit of Insurance that applied on the

most recent of the policy inception date,the policy anniversary date, or any otherpolicy change amending the Limit ofInsurance, times

(2) The percentage of annual increase shownin the Declarations, expressed as adecimal (example: 8% is .08), times

(3) The number of days since the beginning ofthe current policy year or the effective dateof the most recent policy change amendingthe Limit of Insurance, divided by 365.

ExampleIf: The applicable Limit of Insurance is: $ 100,000

The annual percentage increase is: 8%The number of days since thebeginning of the policy year(or last policy change) is: 146The amount of increase is:$100,000 x .08 x 146 ¸ 365 = $ 3,200

3. Replacement Costa. Replacement Cost (without deduction for

depreciation) replaces Actual Cash Value inthe Valuation Loss Condition of this CoverageForm.

b. This Optional Coverage does not apply to:(1) Personal property of others;(2) Contents of a residence;(3) Works of art, antiques or rare articles,

including etchings, pictures, statuary,marbles, bronzes, porcelains and bric-a-brac; or

(4) "Stock", unless the Including "Stock" optionis shown in the Declarations.

Under the terms of this Replacement CostOptional Coverage, tenants' improvementsand betterments are not considered to be thepersonal property of others.

c. You may make a claim for loss or damagecovered by this insurance on an actual cashvalue basis instead of on a replacement costbasis. In the event you elect to have loss ordamage settled on an actual cash value basis,you may still make a claim for the additionalcoverage this Optional Coverage provides ifyou notify us of your intent to do so within 180days after the loss or damage.

d. We will not pay on a replacement cost basisfor any loss or damage:

(1) Until the lost or damaged property isactually repaired or replaced; and

(2) Unless the repair or replacement is madeas soon as reasonably possible after theloss or damage.

With respect to tenants' improvements andbetterments, the following also apply:

(3) If the conditions in d.(1) and d.(2) aboveare not met, the value of tenants'improvements and betterments will bedetermined as a proportion of your originalcost, as set forth in the Valuation LossCondition of this Coverage Form; and

(4) We will not pay for loss or damage totenants' improvements and betterments ifothers pay for repairs or replacement.

e. We will not pay more for loss or damage on areplacement cost basis than the least of (1),(2) or (3), subject to f. below:

(1) The Limit of Insurance applicable to thelost or damaged property;

(2) The cost to replace the lost or damagedproperty with other property:

(a) Of comparable material and quality;and

(b) Used for the same purpose; or(3) The amount actually spent that is

necessary to repair or replace the lost ordamaged property.

If a building is rebuilt at a new premises, thecost described in e.(2) above is limited to thecost which would have been incurred if thebuilding had been rebuilt at the originalpremises.


f. The cost of repair or replacement does notinclude the increased cost attributable toenforcement of or compliance with anyordinance or law regulating the construction,use or repair of any property.

4. Extension Of Replacement Cost To PersonalProperty Of Othersa. If the Replacement Cost Optional Coverage is

shown as applicable in the Declarations, thenthis Extension may also be shown asapplicable. If the Declarations show thisExtension as applicable, then Paragraph3.b.(1) of the Replacement Cost OptionalCoverage is deleted and all other provisions ofthe Replacement Cost Optional Coverageapply to replacement cost on personalproperty of others.

b. With respect to replacement cost on thepersonal property of others, the followinglimitation applies:If an item(s) of personal property of others issubject to a written contract which governsyour liability for loss or damage to that item(s),then valuation of that item(s) will be based onthe amount for which you are liable undersuch contract, but not to exceed the lesser ofthe replacement cost of the property or theapplicable Limit of Insurance.

H. Definitions1. "Fungus" means any type or form of fungus,

including mold or mildew, and any mycotoxins,spores, scents or by-products produced orreleased by fungi.

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

3. "Stock" means merchandise held in storage or forsale, raw materials and in-process or finishedgoods, including supplies used in their packing orshipping.

COMMERCIAL GENERAL LIABILITYCG 21 70 01 15

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 70 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1

CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTUNDERGROUND STORAGE TANK POLICY

A. If aggregate insured losses attributable to terroristacts certified under the federal Terrorism RiskInsurance Act exceed $100 billion in a calendaryear and we have met our insurer deductibleunder the Terrorism Risk Insurance Act, we shallnot be liable for the payment of any portion of theamount of such losses that exceeds $100 billion,and in such case insured losses up to that amountare subject to pro rata allocation in accordancewith procedures established by the Secretary ofthe Treasury."Certified act of terrorism" means an act that iscertified by the Secretary of the Treasury, inaccordance with the provisions of the federalTerrorism Risk Insurance Act, to be an act ofterrorism pursuant to such Act. The criteriacontained in the Terrorism Risk Insurance Act fora "certified act of terrorism" include the following:1. The act resulted in insured losses in excess of

$5 million in the aggregate, attributable to alltypes of insurance subject to the TerrorismRisk Insurance Act; and

2. The act is a violent act or an act that isdangerous to human life, property orinfrastructure and is committed by anindividual or individuals as part of an effortto coerce the civilian population of theUnited States or to influence the policy oraffect the conduct of the United StatesGovernment by coercion.

B. The terms and limitations of any terrorismexclusion, or the inapplicability or omission of aterrorism exclusion, do not serve to createcoverage for injury or damage that is otherwiseexcluded under this Coverage Part.

IL 09 52 01 15


IL 09 52 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1

CAP ON LOSSES FROM CERTIFIED ACTS OFTERRORISM


BOILER AND MACHINERY COVERAGE PARTCOMMERCIAL INLAND MARINE COVERAGE PARTCOMMERCIAL PROPERTY COVERAGE PARTEQUIPMENT BREAKDOWN COVERAGE PARTFARM COVERAGE PARTSTANDARD PROPERTY POLICY

A. Cap On Certified Terrorism Losses"Certified act of terrorism" means an act that iscertified by the Secretary of the Treasury, inaccordance with the provisions of the federalTerrorism Risk Insurance Act, to be an act ofterrorism pursuant to such Act. The criteriacontained in the Terrorism Risk Insurance Act fora "certified act of terrorism" include the following:1. The act resulted in insured losses in excess of

$5 million in the aggregate, attributable to alltypes of insurance subject to the TerrorismRisk Insurance Act; and

2. The act is a violent act or an act that isdangerous to human life, property orinfrastructure and is committed by anindividual or individuals as part of an effort tocoerce the civilian population of the UnitedStates or to influence the policy or affect theconduct of the United States Government bycoercion.

If aggregate insured losses attributable toterrorist acts certified under the Terrorism RiskInsurance Act exceed $100 billion in a calendaryear and we have met our insurer deductibleunder the Terrorism Risk Insurance Act, we shallnot be liable for the payment of any portion of theamount of such losses that exceeds $100 billion,and in such case insured losses up to thatamount are subject to pro rata allocation inaccordance with procedures established by theSecretary of the Treasury.

B. Application Of ExclusionsThe terms and limitations of any terrorismexclusion, or the inapplicability or omission of aterrorism exclusion, do not serve to createcoverage for any loss which would otherwise beexcluded under this Coverage Part or Policy,such as losses excluded by the Nuclear HazardExclusion or the War And Military ActionExclusion.


CAUSES OF LOSS – BASIC FORM


CAUSES OF LOSS – BASIC FORM

Words and phrases that appear in quotation marks have special meaning. Refer to Section E. Definitions.

A. Covered Causes Of LossWhen Basic is shown in the Declarations, CoveredCauses of Loss means the following:1. Fire.2. Lightning.3. Explosion, including the explosion of gases or

fuel within the furnace of any fired vessel orwithin the flues or passages through which thegases of combustion pass. This cause of lossdoes not include loss or damage by:a. Rupture, bursting or operation of pressure-

relief devices; orb. Rupture or bursting due to expansion or

swelling of the contents of any building orstructure, caused by or resulting fromwater.

4. Windstorm or Hail, but not including:a. Frost or cold weather;b. Ice (other than hail), snow or sleet, whether

driven by wind or not;c. Loss or damage to the interior of any

building or structure, or the property insidethe building or structure, caused by rain,snow, sand or dust, whether driven by windor not, unless the building or structure firstsustains wind or hail damage to its roof orwalls through which the rain, snow, sand ordust enters; or

d. Loss or damage by hail to lawns, trees,shrubs or plants which are part of avegetated roof.

5. Smoke causing sudden and accidental loss ordamage. This cause of loss does not includesmoke from agricultural smudging or industrialoperations.

6. Aircraft or Vehicles, meaning only physicalcontact of an aircraft, a spacecraft, a self-propelled missile, a vehicle or an object thrownup by a vehicle with the described property orwith the building or structure containing thedescribed property. This cause of loss includesloss or damage by objects falling from aircraft.We will not pay for loss or damage caused byor resulting from vehicles you own or which areoperated in the course of your business.

7. Riot or Civil Commotion, including:

a. Acts of striking employees while occupyingthe described premises; and

b. Looting occurring at the time and place of ariot or civil commotion.

8. Vandalism, meaning willful and maliciousdamage to, or destruction of, the describedproperty.We will not pay for loss or damage caused byor resulting from theft, except for buildingdamage caused by the breaking in or exiting ofburglars.

9. Sprinkler Leakage, meaning leakage ordischarge of any substance from an AutomaticSprinkler System, including collapse of a tankthat is part of the system.If the building or structure containing theAutomatic Sprinkler System is CoveredProperty, we will also pay the cost to:a. Repair or replace damaged parts of the

Automatic Sprinkler System if the damage:(1) Results in sprinkler leakage; or(2) Is directly caused by freezing.

b. Tear out and replace any part of thebuilding or structure to repair damage to theAutomatic Sprinkler System that hasresulted in sprinkler leakage.Automatic Sprinkler System means:

(1) Any automatic fire-protective orextinguishing system, includingconnected:

(a) Sprinklers and discharge nozzles;(b) Ducts, pipes, valves and fittings;(c) Tanks, their component parts and

supports; and(d) Pumps and private fire protection

mains.(2) When supplied from an automatic fire-

protective system:(a) Non-automatic fire-protective

systems; and(b) Hydrants, standpipes and outlets.

10. Sinkhole Collapse, meaning loss or damagecaused by the sudden sinking or collapse ofland into underground empty spaces created


by the action of water on limestone or dolomite.This cause of loss does not include:a. The cost of filling sinkholes; orb. Sinking or collapse of land into man-made

underground cavities.11. Volcanic Action, meaning direct loss or

damage resulting from the eruption of avolcano when the loss or damage is causedby:a. Airborne volcanic blast or airborne shock

waves;b. Ash, dust or particulate matter; orc. Lava flow.With respect to coverage for Volcanic Action asset forth in 11.a., 11.b. and 11.c., all volcaniceruptions that occur within any 168-hour periodwill constitute a single occurrence.This cause of loss does not include the cost toremove ash, dust or particulate matter thatdoes not cause direct physical loss or damageto the described property.

B. Exclusions1. We will not pay for loss or damage caused

directly or indirectly by any of the following.Such loss or damage is excluded regardless ofany other cause or event that contributesconcurrently or in any sequence to the loss.a. Ordinance Or Law

The enforcement of or compliance with anyordinance or law:

(1) Regulating the construction, use orrepair of any property; or

(2) Requiring the tearing down of anyproperty, including the cost of removingits debris.

This exclusion, Ordinance Or Law, applieswhether the loss results from:

(a) An ordinance or law that is enforcedeven if the property has not beendamaged; or

(b) The increased costs incurred tocomply with an ordinance or law inthe course of construction, repair,renovation, remodeling or demolitionof property, or removal of its debris,following a physical loss to thatproperty.

b. Earth Movement(1) Earthquake, including tremors and

aftershocks and any earth sinking, risingor shifting related to such event;

(2) Landslide, including any earth sinking,

rising or shifting related to such event;(3) Mine subsidence, meaning subsidence

of a man-made mine, whether or notmining activity has ceased;

(4) Earth sinking (other than sinkholecollapse), rising or shifting including soilconditions which cause settling,cracking or other disarrangement offoundations or other parts of realty. Soilconditions include contraction,expansion, freezing, thawing, erosion,improperly compacted soil and theaction of water under the groundsurface.

But if Earth Movement, as described inb.(1) through (4) above, results in fire orexplosion, we will pay for the loss ordamage caused by that fire or explosion.

(5) Volcanic eruption, explosion or effusion.But if volcanic eruption, explosion oreffusion results in fire or VolcanicAction, we will pay for the loss ordamage caused by that fire or VolcanicAction.

This exclusion applies regardless ofwhether any of the above, in Paragraphs(1) through (5), is caused by an act ofnature or is otherwise caused.

c. Governmental ActionSeizure or destruction of property by orderof governmental authority.But we will pay for loss or damage causedby or resulting from acts of destructionordered by governmental authority andtaken at the time of a fire to prevent itsspread, if the fire would be covered underthis Coverage Part.

d. Nuclear HazardNuclear reaction or radiation, or radioactivecontamination, however caused.But if nuclear reaction or radiation, orradioactive contamination, results in fire, wewill pay for the loss or damage caused bythat fire.

e. Utility ServicesThe failure of power, communication, wateror other utility service supplied to thedescribed premises, however caused, if thefailure:

(1) Originates away from the describedpremises; or

(2) Originates at the described premises,but only if such failure involvesequipment used to supply the utility


service to the described premises froma source away from the describedpremises.

Failure of any utility service includes lack ofsufficient capacity and reduction in supply.Loss or damage caused by a surge ofpower is also excluded, if the surge wouldnot have occurred but for an event causinga failure of power.But if the failure or surge of power, or thefailure of communication, water or otherutility service, results in a Covered Cause ofLoss, we will pay for the loss or damagecaused by that Covered Cause of Loss.Communication services include but are notlimited to service relating to Internet accessor access to any electronic, cellular orsatellite network.

f. War And Military Action(1) War, including undeclared or civil war;(2) Warlike action by a military force,

including action in hindering ordefending against an actual or expectedattack, by any government, sovereign orother authority using military personnelor other agents; or

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

g. Water(1) Flood, surface water, waves (including

tidal wave and tsunami), tides, tidalwater, overflow of any body of water, orspray from any of these, all whether ornot driven by wind (including stormsurge);

(2) Mudslide or mudflow;(3) Water that backs up or overflows or is

otherwise discharged from a sewer,drain, sump, sump pump or relatedequipment;

(4) Water under the ground surfacepressing on, or flowing or seepingthrough:

(a) Foundations, walls, floors or pavedsurfaces;

(b) Basements, whether paved or not; or(c) Doors, windows or other openings;

or(5) Waterborne material carried or

otherwise moved by any of the waterreferred to in Paragraph (1), (3) or (4),

or material carried or otherwise movedby mudslide or mudflow.

This exclusion applies regardless ofwhether any of the above, in Paragraphs(1) through (5), is caused by an act ofnature or is otherwise caused. An exampleof a situation to which this exclusion appliesis the situation where a dam, levee, seawallor other boundary or containment systemfails in whole or in part, for any reason, tocontain the water.But if any of the above, in Paragraphs (1)through (5), results in fire, explosion orsprinkler leakage, we will pay for the loss ordamage caused by that fire, explosion orsprinkler leakage (if sprinkler leakage is aCovered Cause of Loss).

h. "Fungus", Wet Rot, Dry Rot AndBacteriaPresence, growth, proliferation, spread orany activity of "fungus", wet or dry rot orbacteria.But if "fungus", wet or dry rot or bacteriaresult in a Covered Cause of Loss, we willpay for the loss or damage caused by thatCovered Cause of Loss.This exclusion does not apply:

(1) When "fungus", wet or dry rot or bacteriaresult from fire or lightning; or

(2) To the extent that coverage is providedin the Additional Coverage, LimitedCoverage For "Fungus", Wet Rot, DryRot And Bacteria, with respect to loss ordamage by a cause of loss other thanfire or lightning.

Exclusions B.1.a. through B.1.h. apply whetheror not the loss event results in widespreaddamage or affects a substantial area.


2. We will not pay for loss or damage caused byor resulting from:a. Artificially generated electrical, magnetic or

electromagnetic energy that damages,disturbs, disrupts or otherwise interfereswith any:

(1) Electrical or electronic wire, device,appliance, system or network; or

(2) Device, appliance, system or networkutilizing cellular or satellite technology.

For the purpose of this exclusion, electrical,magnetic or electromagnetic energyincludes but is not limited to:

(a) Electrical current, including arcing;(b) Electrical charge produced or

conducted by a magnetic orelectromagnetic field;

(c) Pulse of electromagnetic energy; or(d) Electromagnetic waves or

microwaves.But if fire results, we will pay for the loss ordamage caused by that fire.

b. Rupture or bursting of water pipes (otherthan Automatic Sprinkler Systems) unlesscaused by a Covered Cause of Loss.

c. Leakage or discharge of water or steamfrom any part of a system or appliancecontaining water or steam (other than anAutomatic Sprinkler System), unless theleakage or discharge occurs because thesystem or appliance was damaged by aCovered Cause of Loss. But we will not payfor loss or damage caused by or resultingfrom continuous or repeated seepage orleakage of water, or the presence orcondensation of humidity, moisture orvapor, that occurs over a period of 14 daysor more.

d. Explosion of steam boilers, steam pipes,steam engines or steam turbines owned orleased by you, or operated under yourcontrol.But if explosion of steam boilers, steampipes, steam engines or steam turbinesresults in fire or combustion explosion, wewill pay for the loss or damage caused bythat fire or combustion explosion.

e. Mechanical breakdown, including rupture orbursting caused by centrifugal force.But if mechanical breakdown results in aCovered Cause of Loss, we will pay for theloss or damage caused by that CoveredCause of Loss.

f. Neglect of an insured to use all reasonablemeans to save and preserve property fromfurther damage at and after the time of loss.

3. Special ExclusionsThe following provisions apply only to thespecified Coverage Forms:a. Business Income (And Extra Expense)

Coverage Form, Business Income(Without Extra Expense) Coverage Form,Or Extra Expense Coverage FormWe will not pay for:

(1) Any loss caused by or resulting from:(a) Damage or destruction of "finished

stock"; or(b) The time required to reproduce

"finished stock".This exclusion does not apply to ExtraExpense.

(2) Any loss caused by or resulting fromdirect physical loss or damage to radioor television antennas (including satellitedishes) and their lead-in wiring, masts ortowers.

(3) Any increase of loss caused by orresulting from:

(a) Delay in rebuilding, repairing orreplacing the property or resuming"operations", due to interference atthe location of the rebuilding, repairor replacement by strikers or otherpersons; or

(b) Suspension, lapse or cancellation ofany license, lease or contract. But ifthe suspension, lapse or cancellationis directly caused by the"suspension" of "operations", we willcover such loss that affects yourBusiness Income during the "periodof restoration" and any extension ofthe "period of restoration" inaccordance with the terms of theExtended Business IncomeAdditional Coverage and theExtended Period Of IndemnityOptional Coverage or any variationof these.

(4) Any Extra Expense caused by orresulting from suspension, lapse orcancellation of any license, lease orcontract beyond the "period ofrestoration".

(5) Any other consequential loss.b. Leasehold Interest Coverage Form


(1) Paragraph B.1.a., Ordinance Or Law,does not apply to insurance under thisCoverage Form.

(2) We will not pay for any loss caused by:(a) Your cancelling the lease;(b) The suspension, lapse or

cancellation of any license; or(c) Any other consequential loss.

c. Legal Liability Coverage Form(1) The following exclusions do not apply to

insurance under this Coverage Form:(a) Paragraph B.1.a. Ordinance Or Law;(b) Paragraph B.1.c. Governmental

Action;(c) Paragraph B.1.d. Nuclear Hazard;(d) Paragraph B.1.e. Utility Services;

and(e) Paragraph B.1.f. War And Military

Action.(2) The following additional exclusions

apply to insurance under this CoverageForm:

(a) Contractual LiabilityWe will not defend any claim or"suit", or pay damages that you arelegally liable to pay, solely by reasonof your assumption of liability in acontract or agreement. But thisexclusion does not apply to a writtenlease agreement in which you haveassumed liability for building damageresulting from an actual or attemptedburglary or robbery, provided that:(i) Your assumption of liability was

executed prior to the accident;and

(ii) The building is Covered Propertyunder this Coverage Form.

(b) Nuclear HazardWe will not defend any claim or"suit", or pay any damages, loss,expense or obligation, resulting fromnuclear reaction or radiation, orradioactive contamination, howevercaused.

C. Additional Coverage – Limited Coverage For"Fungus", Wet Rot, Dry Rot And Bacteria1. The coverage described in C.2. and C.6. only

applies when the "fungus", wet or dry rot orbacteria are the result of one or more of thefollowing causes that occur during the policyperiod and only if all reasonable means were

used to save and preserve the property fromfurther damage at the time of and after thatoccurrence:a. A Covered Cause of Loss other than fire or

lightning; orb. Flood, if the Flood Coverage Endorsement

applies to the affected premises.This Additional Coverage does not apply tolawns, trees, shrubs or plants which are part ofa vegetated roof.

2. We will pay for loss or damage by "fungus",wet or dry rot or bacteria. As used in thisLimited Coverage, the term loss or damagemeans:a. Direct physical loss or damage to Covered

Property caused by "fungus", wet or dry rotor bacteria, including the cost of removal ofthe "fungus", wet or dry rot or bacteria;

b. The cost to tear out and replace any part ofthe building or other property as needed togain access to the "fungus", wet or dry rotor bacteria; and

c. The cost of testing performed after removal,repair, replacement or restoration of thedamaged property is completed, providedthere is a reason to believe that "fungus",wet or dry rot or bacteria are present.

3. The coverage described under C.2. of thisLimited Coverage is limited to $15,000.Regardless of the number of claims, this limit isthe most we will pay for the total of all loss ordamage arising out of all occurrences ofCovered Causes of Loss (other than fire orlightning) and Flood which take place in a 12-month period (starting with the beginning of thepresent annual policy period). With respect to aparticular occurrence of loss which results in"fungus", wet or dry rot or bacteria, we will notpay more than a total of $15,000 even if the"fungus", wet or dry rot or bacteria continue tobe present or active, or recur, in a later policyperiod.

4. The coverage provided under this LimitedCoverage does not increase the applicableLimit of Insurance on any Covered Property. Ifa particular occurrence results in loss ordamage by "fungus", wet or dry rot or bacteria,and other loss or damage, we will not paymore, for the total of all loss or damage, thanthe applicable Limit of Insurance on theaffected Covered Property.If there is covered loss or damage to CoveredProperty, not caused by "fungus", wet or dry rotor bacteria, loss payment will not be limited bythe terms of this Limited Coverage, except tothe extent that "fungus", wet or dry rot or


bacteria cause an increase in the loss. Anysuch increase in the loss will be subject to theterms of this Limited Coverage.

5. The terms of this Limited Coverage do notincrease or reduce the coverage providedunder Paragraph b. of Covered Causes OfLoss 9. Sprinkler Leakage.

6. The following, 6.a. or 6.b., applies only ifBusiness Income and/or Extra ExpenseCoverage applies to the described premisesand only if the "suspension" of "operations"satisfies all terms and conditions of theapplicable Business Income and/or ExtraExpense Coverage Form:a. If the loss which resulted in "fungus", wet or

dry rot or bacteria does not in itselfnecessitate a "suspension" of "operations",but such "suspension" is necessary due toloss or damage to property caused by"fungus", wet or dry rot or bacteria, then ourpayment under Business Income and/orExtra Expense is limited to the amount ofloss and/or expense sustained in a periodof not more than 30 days. The days neednot be consecutive.

b. If a covered "suspension" of "operations"was caused by loss or damage other than"fungus", wet or dry rot or bacteria butremediation of "fungus", wet or dry rot orbacteria prolongs the "period ofrestoration", we will pay for loss and/orexpense sustained during the delay(regardless of when such a delay occursduring the "period of restoration"), but suchcoverage is limited to 30 days. The daysneed not be consecutive.

D. LimitationWe will pay for loss of animals only if they arekilled or their destruction is made necessary.

E. Definitions"Fungus" means any type or form of fungus,including mold or mildew, and any mycotoxins,spores, scents or by-products produced orreleased by fungi.

CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16


COMMERCIAL GENERAL LIABILITY COVERAGE FORM

COMMERCIAL GENERAL LIABILITY COVERAGE FORMVarious provisions in this policy restrict coverage. Read theentire policy carefully to determine rights, duties and what isand is not covered.Throughout this policy the words "you" and "your" refer tothe Named Insured shown in the Declarations, and anyother person or organization qualifying as a Named Insuredunder this policy. The words "we", "us" and "our" refer tothe company providing this insurance.The word "insured" means any person or organizationqualifying as such under Section II – Who Is An Insured.Other words and phrases that appear in quotation markshave special meaning. Refer to Section V –Definitions.SECTION I – COVERAGESCOVERAGE A BODILY INJURY AND PROPERTYDAMAGE LIABILITY1. Insuring Agreement

a. We will pay those sums that the insured becomeslegally obligated to pay as damages because of"bodily injury" or "property damage" to which thisinsurance applies. We will have the right and duty todefend the insured against any "suit" seeking thosedamages. However, we will have no duty to defendthe insured against any "suit" seeking damages for"bodily injury" or "property damage" to which thisinsurance does not apply. We may, at our discretion,investigate any "occurrence" and settle any claim or"suit" that may result. But:

(1) The amount we will pay for damages is limited asdescribed in Section III – Limits Of Insurance;and

(2) Our right and duty to defend ends when we haveused up the applicable limit of insurance in thepayment of judgments or settlements underCoverages A or B or medical expenses underCoverage C.

No other obligation or liability to pay sums or perform actsor services is covered unless explicitly provided for underSupplementary Payments – Coverages A and B.

b. This insurance applies to "bodily injury" and"property damage" only if:

(1) The "bodily injury" or "property damage" iscaused by an "occurrence" that takes place inthe "coverage territory";

(2) The "bodily injury" or "property damage" occursduring the policy period; and

(3) Prior to the policy period, no insured listed underParagraph 1. of Section II – Who Is An Insuredand no "employee" authorized by you to give orreceive notice of an "occurrence" or claim, knewthat the "bodily injury" or "property damage" hadoccurred, in whole or in part. If such a listedinsured or authorized "employee" knew, prior tothe policy period, that the "bodily injury" or"property damage" occurred, then anycontinuation, change or resumption of such"bodily injury" or "property damage" during orafter the policy period will be deemed to havebeen known prior to the policy period.

c. "Bodily injury" or "property damage" which occursduring the policy period and was not, prior to thepolicy period, known to have occurred by anyinsured listed under Paragraph 1. of Section II –Who Is An Insured or any "employee" authorized byyou to give or receive notice of an "occurrence" orclaim, includes any continuation, change orresumption of that "bodily injury" or "propertydamage" after the end of the policy period.

d. "Bodily injury" or "property damage" will be deemedto have been known to have occurred at the earliesttime when any insured listed under Paragraph 1. ofSection II – Who Is An Insured or any "employee"authorized by you to give or receive notice of an"occurrence" or claim:

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

(2) Receives a written or verbal demand or claim fordamages because of the "bodily injury" or"property damage"; or

(3) Becomes aware by any other means that "bodilyinjury" or "property damage" has occurred or hasbegun to occur.

of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07

e. Damages because of "bodily injury" includedamages claimed by any person or organization forcare, loss of services or death resulting at any timefrom the "bodily injury".

2. ExclusionsThis insurance does not apply to:a. Expected Or Intended Injury

"Bodily injury" or "property damage" expected orintended from the standpoint of the insured. Thisexclusion does not apply to "bodily injury" resultingfrom the use of reasonable force to protect personsor property.

b. Contractual Liability"Bodily injury" or "property damage" for which theinsured is obligated to pay damages by reason of theassumption of liability in a contract or agreement.This exclusion does not apply to liability fordamages:

(1) That the insured would have in the absence ofthe contract or agreement; or

(2) Assumed in a contract or agreement that is an"insured contract", provided the "bodily injury" or"property damage" occurs subsequent to theexecution of the contract or agreement. Solely forthe purposes of liability assumed in an "insuredcontract", reasonable attorney fees andnecessary litigation expenses incurred by or for aparty other than an insured are deemed to bedamages because of "bodily injury" or "propertydamage", provided:

(a) Liability to such party for, or for the cost of,that party's defense has also been assumedin the same "insured contract"; and

(b) Such attorney fees and litigation expensesare for defense of that party against a civil oralternative dispute resolution proceeding inwhich damages to which this insuranceapplies are alleged.

c. Liquor Liability"Bodily injury" or "property damage" for which anyinsured may be held liable by reason of:

(1) Causing or contributing to the intoxication of anyperson;

(2) The furnishing of alcoholic beverages to a personunder the legal drinking age or under theinfluence of alcohol; or

(3) Any statute, ordinance or regulation relating tothe sale, gift, distribution or use of alcoholicbeverages.

This exclusion applies only if you are in the businessof manufacturing, distributing, selling, serving orfurnishing alcoholic beverages.

d. Workers' Compensation And Similar LawsAny obligation of the insured under a workers'compensation, disability benefits or unemploymentcompensation law or any similar law.

e. Employer's Liability"Bodily injury" to:

(1) An "employee" of the insured arising out of and inthe course of:

(a) Employment by the insured; or(b) Performing duties related to the conduct of

the insured's business; or(2) The spouse, child, parent, brother or sister of that

"employee" as a consequence of Paragraph (1)above.

This exclusion applies whether the insured may beliable as an employer or in any other capacity and toany obligation to share damages with or repaysomeone else who must pay damages because ofthe injury.This exclusion does not apply to liability assumed bythe insured under an "insured contract".


f. Pollution(1) "Bodily injury" or "property damage" arising out of

the actual, alleged or threatened discharge,dispersal, seepage, migration, release or escapeof "pollutants":

(a) At or from any premises, site or location whichis or was at any time owned or occupied by,or rented or loaned to, any insured. However,this subparagraph does not apply to:(i) "Bodily injury" if sustained within a building

and caused by smoke, fumes, vapor orsoot produced by or originating fromequipment that is used to heat, cool ordehumidify the building, or equipment thatis used to heat water for personal use, bythe building's occupants or their guests;

(ii) "Bodily injury" or "property damage" forwhich you may be held liable, if you are acontractor and the owner or lessee of suchpremises, site or location has been addedto your policy as an additional insured withrespect to your ongoing operationsperformed for that additional insured atthat premises, site or location and suchpremises, site or location is not and neverwas owned or occupied by, or rented orloaned to, any insured, other than thatadditional insured; or

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

(b) At or from any premises, site or location whichis or was at any time used by or for anyinsured or others for the handling, storage,disposal, processing or treatment of waste;

(c) Which are or were at any time transported,handled, stored, treated, disposed of, orprocessed as waste by or for:(i) Any insured; or

(ii) Any person or organization for whom youmay be legally responsible; or

(d) At or from any premises, site or location onwhich any insured or any contractors orsubcontractors working directly or indirectlyon any insured's behalf are performingoperations if the "pollutants" are brought on orto the premises, site or location in connectionwith such operations by such insured,contractor or subcontractor. However, thissubparagraph does not apply to:(i) "Bodily injury" or "property damage"

arising out of the escape of fuels,lubricants or other operating fluids whichare needed to perform the normalelectrical, hydraulic or mechanicalfunctions necessary for the operation of"mobile equipment" or its parts, if suchfuels, lubricants or other operating fluidsescape from a vehicle part designed tohold, store or receive them. This exceptiondoes not apply if the "bodily injury" or"property damage" arises out of theintentional discharge, dispersal or releaseof the fuels, lubricants or other operatingfluids, or if such fuels, lubricants or otheroperating fluids are brought on or to thepremises, site or location with the intentthat they be discharged, dispersed orreleased as part of the operations beingperformed by such insured, contractor orsubcontractor;

(ii) "Bodily injury" or "property damage"sustained within a building and caused bythe release of gases, fumes or vaporsfrom materials brought into that building inconnection with operations beingperformed by you or on your behalf by acontractor or subcontractor; or

(iii) "Bodily injury" or "property damage"arising out of heat, smoke or fumes from a"hostile fire".

(e) At or from any premises, site or location onwhich any insured or any contractors orsubcontractors working directly or indirectlyon any insured's behalf are performingoperations if the operations are to test for,monitor, clean up, remove, contain, treat,detoxify or neutralize, or in any way respondto, or assess the effects of, "pollutants".


(2) Any loss, cost or expense arising out of any:(a) Request, demand, order or statutory or

regulatory requirement that any insured orothers test for, monitor, clean up, remove,contain, treat, detoxify or neutralize, or in anyway respond to, or assess the effects of,"pollutants"; or

(b) Claim or "suit" by or on behalf of agovernmental authority for damages becauseof testing for, monitoring, cleaning up,removing, containing, treating, detoxifying orneutralizing, or in any way responding to, orassessing the effects of, "pollutants".

However, this paragraph does not apply toliability for damages because of "propertydamage" that the insured would have in theabsence of such request, demand, order orstatutory or regulatory requirement, or such claimor "suit" by or on behalf of a governmentalauthority.

g. Aircraft, Auto Or Watercraft"Bodily injury" or "property damage" arising out ofthe ownership, maintenance, use or entrustment toothers of any aircraft, "auto" or watercraft owned oroperated by or rented or loaned to any insured. Useincludes operation and "loading or unloading".This exclusion applies even if the claims against anyinsured allege negligence or other wrongdoing in thesupervision, hiring, employment, training ormonitoring of others by that insured, if the"occurrence" which caused the "bodily injury" or"property damage" involved the ownership,maintenance, use or entrustment to others of anyaircraft, "auto" or watercraft that is owned oroperated by or rented or loaned to any insured.This exclusion does not apply to:

(1) A watercraft while ashore on premises you ownor rent;

(2) A watercraft you do not own that is:(a) Less than 26 feet long; and(b) Not being used to carry persons or property

for a charge;(3) Parking an "auto" on, or on the ways next to,

premises you own or rent, provided the "auto" isnot owned by or rented or loaned to you or theinsured;

(4) Liability assumed under any "insured contract" forthe ownership, maintenance or use of aircraft orwatercraft; or

(5) "Bodily injury" or "property damage" arising outof:

(a) The operation of machinery or equipment thatis attached to, or part of, a land vehicle thatwould qualify under the definition of "mobileequipment" if it were not subject to acompulsory or financial responsibility law orother motor vehicle insurance law in the statewhere it is licensed or principally garaged; or

(b) the operation of any of the machinery orequipment listed in Paragraph f.(2) or f.(3) ofthe definition of "mobile equipment".

h. Mobile Equipment"Bodily injury" or "property damage" arising out of:

(1) The transportation of "mobile equipment" by an"auto" owned or operated by or rented or loanedto any insured; or

(2) The use of "mobile equipment" in, or while inpractice for, or while being prepared for, anyprearranged racing, speed, demolition, orstunting activity.

i. War"Bodily injury" or "property damage", 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 or defending against an actual orexpected attack, by any government, sovereignor other authority using military personnel orother agents; or

(3) Insurrection, rebellion, revolution, usurped power,or action taken by governmental authority inhindering or defending against any of these.

j. Damage To Property"Property damage" to:

(1) Property you own, rent, or occupy, including anycosts or expenses incurred by you, or any otherperson, organization or entity, for repair,replacement, enhancement, restoration ormaintenance of such property for any reason,including prevention of injury to a person ordamage to another's property;

(2) Premises you sell, give away or abandon, if the"property damage" arises out of any part of thosepremises;

(3) Property loaned to you;(4) Personal property in the care, custody or control

of the insured;


(5) That particular part of real property on which youor any contractors or subcontractors workingdirectly or indirectly on your behalf are performingoperations, if the "property damage" arises out ofthose operations; or

(6) That particular part of any property that must berestored, repaired or replaced because "yourwork" was incorrectly performed on it.

Paragraphs (1), (3) and (4) of this exclusion do notapply to "property damage" (other than damage byfire) to premises, including the contents of suchpremises, rented to you for a period of 7 or fewerconsecutive days. A separate limit of insuranceapplies to Damage To Premises Rented To You asdescribed in Section III – Limits Of Insurance.Paragraph (2) of this exclusion does not apply if thepremises are "your work" and were never occupied,rented or held for rental by you.Paragraphs (3), (4), (5) and (6) of this exclusion donot apply to liability assumed under a sidetrackagreement.Paragraph (6) of this exclusion does not apply to"property damage" included in the "products-completed operations hazard".

k. Damage To Your Product"Property damage" to "your product" arising out of itor any part of it.

l. Damage To Your Work"Property damage" to "your work" arising out of it orany part of it and included in the "products-completed operations hazard".This exclusion does not apply if the damaged workor the work out of which the damage arises wasperformed on your behalf by a subcontractor.

m. Damage To Impaired Property Or Property NotPhysically Injured"Property damage" to "impaired property" or propertythat has not been physically injured, arising out of:

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

(2) A delay or failure by you or anyone acting onyour behalf to perform a contract or agreement inaccordance with its terms.

This exclusion does not apply to the loss of use ofother property arising out of sudden and accidentalphysical injury to "your product" or "your work" afterit has been put to its intended use.

n. Recall Of Products, Work Or Impaired PropertyDamages claimed for any loss, cost or expenseincurred by you or others for the loss of use,withdrawal, recall, inspection, repair, replacement,adjustment, removal or disposal of:

(1) "Your product";(2) "Your work"; or(3) "Impaired property";if such product, work, or property is withdrawn orrecalled from the market or from use by any personor organization because of a known or suspecteddefect, deficiency, inadequacy or dangerouscondition in it.

o. Personal And Advertising Injury"Bodily injury" arising out of "personal andadvertising injury".

p. Electronic DataDamages arising out of the loss of, loss of use of,damage to, corruption of, inability to access, orinability to manipulate electronic data.As used in this exclusion, electronic data meansinformation, facts or programs stored as or on,created or used on, or transmitted to or fromcomputer software, including systems andapplications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devicesor any other media which are used with electronicallycontrolled equipment.

q. Distribution Of Material In Violation Of Statutes"Bodily injury" or "property damage" arising directlyor indirectly out of any action or omission thatviolates or is alleged to violate:

(1) The Telephone Consumer Protection Act(TCPA), including any amendment of or additionto such law; or

(2) The CAN-SPAM Act of 2003, including anyamendment of or addition to such law; or

(3) Any statute, ordinance or regulation, other thanthe TCPA or CAN-SPAM Act of 2003, thatprohibits or limits the sending, transmitting,communicating or distribution of material orinformation.


Exclusions c. through n. do not apply to damage by fireto premises while rented to you or temporarily occupiedby you with permission of the owner. A separate limit ofinsurance applies to this coverage as described inSection III – Limits Of Insurance.

COVERAGE B PERSONAL AND ADVERTISING INJURYLIABILITY1. Insuring Agreement

a. We will pay those sums that the insured becomeslegally obligated to pay as damages because of"personal and advertising injury" to which thisinsurance applies. We will have the right and duty todefend the insured against any "suit" seeking thosedamages. However, we will have no duty to defendthe insured against any "suit" seeking damages for"personal and advertising injury" to which thisinsurance does not apply. We may, at our discretion,investigate any offense and settle any claim or "suit"that may result. But:

(1) The amount we will pay for damages is limited asdescribed in Section III – Limits Of Insurance;and

(2) Our right and duty to defend end when we haveused up the applicable limit of insurance in thepayment of judgments or settlements underCoverages A or B or medical expenses underCoverage C.

No other obligation or liability to pay sums or performacts or services is covered unless explicitly providedfor under Supplementary Payments – Coverages Aand B.

b. This insurance applies to "personal and advertisinginjury" caused by an offense arising out of yourbusiness but only if the offense was committed in the"coverage territory" during the policy period.

2. ExclusionsThis insurance does not apply to:a. Knowing Violation Of Rights Of Another

"Personal and advertising injury" caused by or at thedirection of the insured with the knowledge that theact would violate the rights of another and wouldinflict "personal and advertising injury".

b. Material Published With Knowledge Of Falsity"Personal and advertising injury" arising out of oralor written publication of material, if done by or at thedirection of the insured with knowledge of its falsity.

c. Material Published Prior To Policy Period"Personal and advertising injury" arising out of oralor written publication of material whose firstpublication took place before the beginning of thepolicy period.

d. Criminal Acts"Personal and advertising injury" arising out of acriminal act committed by or at the direction of theinsured.

e. Contractual Liability"Personal and advertising injury" for which theinsured has assumed liability in a contract oragreement. This exclusion does not apply to liabilityfor damages that the insured would have in theabsence of the contract or agreement.

f. Breach Of Contract"Personal and advertising injury" arising out of abreach of contract, except an implied contract to useanother's advertising idea in your "advertisement".

g. Quality Or Performance Of Goods – Failure ToConform To Statements"Personal and advertising injury" arising out of thefailure of goods, products or services to conform withany statement of quality or performance made inyour "advertisement".

h. Wrong Description Of Prices"Personal and advertising injury" arising out of thewrong description of the price of goods, products orservices stated in your "advertisement".

i. Infringement Of Copyright, Patent, Trademark OrTrade Secret"Personal and advertising injury" arising out of theinfringement of copyright, patent, trademark, tradesecret or other intellectual property rights. Under thisexclusion, such other intellectual property rights donot include the use of another's advertising idea inyour "advertisement".However, this exclusion does not apply toinfringement, in your "advertisement", of copyright,trade dress or slogan.

j. Insureds In Media And Internet Type Businesses"Personal and advertising injury" committed by aninsured whose business is:

(1) Advertising, broadcasting, publishing ortelecasting;

(2) Designing or determining content of web-sites forothers; or


(3) An Internet search, access, content or serviceprovider.

However, this exclusion does not apply toParagraphs 14.a., b. and c. of "personal andadvertising injury" under the Definitions Section.For the purposes of this exclusion, the placing offrames, borders or links, or advertising, for you orothers anywhere on the Internet, is not by itself,considered the business of advertising,broadcasting, publishing or telecasting.

k. Electronic Chatrooms Or Bulletin Boards"Personal and advertising injury" arising out of anelectronic chatroom or bulletin board the insuredhosts, owns, or over which the insured exercisescontrol.

l. Unauthorized Use Of Another's Name Or Product"Personal and advertising injury" arising out of theunauthorized use of another's name or product inyour e-mail address, domain name or metatag, orany other similar tactics to mislead another'spotential customers.

m. Pollution"Personal and advertising injury" arising out of theactual, alleged or threatened discharge, dispersal,seepage, migration, release or escape of "pollutants"at any time.

n. Pollution-RelatedAny loss, cost or expense arising out of any:

(1) Request, demand, order or statutory or regulatoryrequirement that any insured or others test for,monitor, clean up, remove, contain, treat, detoxifyor neutralize, or in any way respond to, or assessthe effects of, "pollutants"; or

(2) Claim or suit by or on behalf of a governmentalauthority for damages because of testing for,monitoring, cleaning up, removing, containing,treating, detoxifying or neutralizing, or in any wayresponding to, or assessing the effects of,"pollutants".

o. War"Personal and advertising injury", however caused,arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;(2) Warlike action by a military force, including action

in hindering or defending against an actual orexpected attack, by any government, sovereignor other authority using military personnel orother agents; or

(3) Insurrection, rebellion, revolution, usurped power,or action taken by governmental authority inhindering or defending against any of these.

p. Distribution Of Material In Violation Of Statutes"Personal and advertising injury" arising directly orindirectly out of any action or omission that violatesor is alleged to violate:

(1) The Telephone Consumer Protection Act(TCPA), including any amendment of or additionto such law; or

(2) The CAN-SPAM Act of 2003, including anyamendment of or addition to such law; or

(3) Any statute, ordinance or regulation, other thanthe TCPA or CAN-SPAM Act of 2003, thatprohibits or limits the sending, transmitting,communicating or distribution of material orinformation.

COVERAGE C MEDICAL PAYMENTS1. Insuring Agreement

a. We will pay medical expenses as described belowfor "bodily injury" caused by an accident:

(1) On premises you own or rent;(2) On ways next to premises you own or rent; or(3) Because of your operations;provided that:

(a) The accident takes place in the "coverageterritory" and during the policy period;

(b) The expenses are incurred and reported to uswithin one year of the date of the accident;and

(c) The injured person submits to examination, atour expense, by physicians of our choice asoften as we reasonably require.

b. We will make these payments regardless of fault.These payments will not exceed the applicable limitof insurance. We will pay reasonable expenses for:

(1) First aid administered at the time of an accident;(2) Necessary medical, surgical, x-ray and dental

services, including prosthetic devices; and(3) Necessary ambulance, hospital, professional

nursing and funeral services.


2. ExclusionsWe will not pay expenses for "bodily injury":a. Any Insured

To any insured, except "volunteer workers".b. Hired Person

To a person hired to do work for or on behalf of anyinsured or a tenant of any insured.

c. Injury On Normally Occupied PremisesTo a person injured on that part of premises you ownor rent that the person normally occupies.

d. Workers Compensation And Similar LawsTo a person, whether or not an "employee" of anyinsured, if benefits for the "bodily injury" are payableor must be provided under a workers' compensationor disability benefits law or a similar law.

e. Athletics ActivitiesTo a person injured while practicing, instructing orparticipating in any physical exercises or games,sports, or athletic contests.

f. Products-Completed Operations HazardIncluded within the "products-completed operationshazard".

g. Coverage A ExclusionsExcluded under Coverage A.

SUPPLEMENTARY PAYMENTS – COVERAGES A ANDB1. We will pay, with respect to any claim we investigate or

settle, or any "suit" against an insured we defend:a. All expenses we incur.b. Up to $250 for cost of bail bonds required because

of accidents or traffic law violations arising out of theuse of any vehicle to which the Bodily Injury LiabilityCoverage applies. We do not have to furnish thesebonds.

c. The cost of bonds to release attachments, but onlyfor bond amounts within the applicable limit ofinsurance. We do not have to furnish these bonds.

d. All reasonable expenses incurred by the insured atour request to assist us in the investigation ordefense of the claim or "suit", including actual loss ofearnings up to $250 a day because of time off fromwork.

e. All court costs taxed against the insured in the "suit".However, these payments do not include attorneys'fees or attorneys' expenses taxed against theinsured.

f. Prejudgment interest awarded against the insured onthat part of the judgment we pay. If we make an offerto pay the applicable limit of insurance, we will notpay any prejudgment interest based on that period oftime after the offer.

g. All interest on the full amount of any judgment thataccrues after entry of the judgment and before wehave paid, offered to pay, or deposited in court thepart of the judgment that is within the applicable limitof insurance.

These payments will not reduce the limits of insurance.2. If we defend an insured against a "suit" and an

indemnitee of the insured is also named as a party tothe "suit", we will defend that indemnitee if all of thefollowing conditions are met:a. The "suit" against the indemnitee seeks damages for

which the insured has assumed the liability of theindemnitee in a contract or agreement that is an"insured contract";

b. This insurance applies to such liability assumed bythe insured;

c. The obligation to defend, or the cost of the defenseof, that indemnitee, has also been assumed by theinsured in the same "insured contract";

d. The allegations in the "suit" and the information weknow about the "occurrence" are such that noconflict appears to exist between the interests of theinsured and the interests of the indemnitee;

e. The indemnitee and the insured ask us to conductand control the defense of that indemnitee againstsuch "suit" and agree that we can assign the samecounsel to defend the insured and the indemnitee;and

f. The indemnitee:(1) Agrees in writing to:

(a) Cooperate with us in the investigation,settlement or defense of the "suit";

(b) Immediately send us copies of any demands,notices, summonses or legal papers receivedin connection with the "suit";

(c) Notify any other insurer whose coverage isavailable to the indemnitee; and

(d) Cooperate with us with respect tocoordinating other applicable insuranceavailable to the indemnitee; and

(2) Provides us with written authorization to:(a) Obtain records and other information related

to the "suit"; and


(b) Conduct and control the defense of theindemnitee in such "suit".

So long as the above conditions are met, attorneys' feesincurred by us in the defense of that indemnitee,necessary litigation expenses incurred by us andnecessary litigation expenses incurred by theindemnitee at our request will be paid as SupplementaryPayments. Notwithstanding the provisions of Paragraph2.b.(2) of Section I – Coverage A – Bodily Injury AndProperty Damage Liability, such payments will not bedeemed to be damages for "bodily injury" and "propertydamage" and will not reduce the limits of insurance.Our obligation to defend an insured's indemnitee and topay for attorneys' fees and necessary litigationexpenses as Supplementary Payments ends when wehave used up the applicable limit of insurance in thepayment of judgments or settlements or the conditionsset forth above, or the terms of the agreementdescribed in Paragraph f. above, are no longer met.

SECTION II – WHO IS AN INSURED1. If you are designated in the Declarations as:

a. An individual, you and your spouse are insureds, butonly with respect to the conduct of a business ofwhich you are the sole owner.

b. A partnership or joint venture, you are an insured.Your members, your partners, and their spouses arealso insureds, but only with respect to the conduct ofyour business.

c. A limited liability company, you are an insured. Yourmembers are also insureds, but only with respect tothe conduct of your business. Your managers areinsureds, but only with respect to their duties as yourmanagers.

d. An organization other than a partnership, jointventure or limited liability company, you are aninsured. Your "executive officers" and directors areinsureds, but only with respect to their duties as yourofficers or directors. Your stockholders are alsoinsureds, but only with respect to their liability asstockholders.

e. A trust, you are an insured. Your trustees are alsoinsureds, but only with respect to their duties astrustees.

2. Each of the following is also an insured:a. Your "volunteer workers" only while performing

duties related to the conduct of your business, oryour "employees", other than either your "executiveofficers" (if you are an organization other than apartnership, joint venture or limited liability company)or your managers (if you are a limited liabilitycompany), but only for acts within the scope of theiremployment by you or while performing dutiesrelated to the conduct of your business. However,none of these "employees" or "volunteer workers"are insureds for:

(1) "Bodily injury" or "personal and advertisinginjury":

(a) To you, to your partners or members (if youare a partnership or joint venture), to yourmembers (if you are a limited liabilitycompany), to a co-"employee" while in thecourse of his or her employment orperforming duties related to the conduct ofyour business, or to your other "volunteerworkers" while performing duties related tothe conduct of your business;

(b) To the spouse, child, parent, brother or sisterof that co-"employee" or "volunteer worker" asa consequence of Paragraph (1)(a) above;

(c) For which there is any obligation to sharedamages with or repay someone else whomust pay damages because of the injurydescribed in Paragraphs (1)(a) or (b) above;or

(d) Arising out of his or her providing or failing toprovide professional health care services.

(2) "Property damage" to property:(a) Owned, occupied or used by,(b) Rented to, in the care, custody or control of,

or over which physical control is beingexercised for any purpose by

you, any of your "employees", "volunteerworkers", any partner or member (if you are apartnership or joint venture), or any member (ifyou are a limited liability company).


b. Any person (other than your "employee" or"volunteer worker"), or any organization while actingas your real estate manager.

c. Any person or organization having proper temporarycustody of your property if you die, but only:

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

(2) Until your legal representative has beenappointed.

d. Your legal representative if you die, but only withrespect to duties as such. That representative willhave all your rights and duties under this CoveragePart.

3. Any organization you newly acquire or form, other thana partnership, joint venture or limited liability company,and over which you maintain ownership or majorityinterest, will qualify as a Named Insured if there is noother similar insurance available to that organization.However:a. Coverage under this provision is afforded only until

the 90th day after you acquire or form theorganization or the end of the policy period,whichever is earlier;

b. Coverage A does not apply to "bodily injury" or"property damage" that occurred before youacquired or formed the organization; and

c. Coverage B does not apply to "personal andadvertising injury" arising out of an offensecommitted before you acquired or formed theorganization.

No person or organization is an insured with respect to theconduct of any current or past partnership, joint venture orlimited liability company that is not shown as a NamedInsured in the Declarations.SECTION III – LIMITS OF INSURANCE1. The Limits of Insurance shown in the Declarations and

the rules below fix the most we will pay regardless of thenumber of:a. Insureds;b. Claims made or "suits" brought; orc. Persons or organizations making claims or bringing

"suits".2. The General Aggregate Limit is the most we will pay for

the sum of:a. Medical expenses under Coverage C;b. Damages under Coverage A, except damages

because of "bodily injury" or "property damage"included in the "products-completed operationshazard"; and

c. Damages under Coverage B.

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

4. Subject to Paragraph 2. above, the Personal andAdvertising Injury Limit is the most we will pay underCoverage B for the sum of all damages because of all"personal and advertising injury" sustained by any oneperson or organization.

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

6. Subject to Paragraph 5. above, the Damage ToPremises Rented To You Limit is the most we will payunder Coverage A for damages because of "propertydamage" to any one premises, while rented to you, or inthe case of damage by fire, while rented to you ortemporarily occupied by you with permission of theowner.

7. Subject to Paragraph 5. above, the Medical ExpenseLimit is the most we will pay under Coverage C for allmedical expenses because of "bodily injury" sustainedby any one person.

The Limits of Insurance of this Coverage Part applyseparately to each consecutive annual period and to anyremaining period of less than 12 months, starting with thebeginning of the policy period shown in the Declarations,unless the policy period is extended after issuance for anadditional period of less than 12 months. In that case, theadditional period will be deemed part of the last precedingperiod for purposes of determining the Limits of Insurance.SECTION IV – COMMERCIAL GENERAL LIABILITYCONDITIONS1. Bankruptcy

Bankruptcy or insolvency of the insured or of theinsured's estate will not relieve us of our obligationsunder this Coverage Part.

2. Duties In The Event Of Occurrence, Offense, ClaimOr Suita. You must see to it that we are notified as soon as

practicable of an "occurrence" or an offense whichmay result in a claim. To the extent possible, noticeshould include:

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

(2) The names and addresses of any injured personsand witnesses; and


(3) The nature and location of any injury or damagearising out of the "occurrence" or offense.

b. If a claim is made or "suit" is brought against anyinsured, you must:

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

(2) Notify us as soon as practicable.You must see to it that we receive written notice ofthe claim or "suit" as soon as practicable.

c. You and any other involved insured must:(1) Immediately send us copies of any demands,

notices, summonses or legal papers received inconnection with the claim or "suit";

(2) Authorize us to obtain records and otherinformation;

(3) Cooperate with us in the investigation orsettlement of the claim or defense against the"suit"; and

(4) Assist us, upon our request, in the enforcementof any right against any person or organizationwhich may be liable to the insured because ofinjury or damage to which this insurance mayalso apply.

d. No insured will, except at that insured's own cost,voluntarily make a payment, assume any obligation,or incur any expense, other than for first aid, withoutour consent.

3. Legal Action Against UsNo person or organization has a right under thisCoverage Part:a. To join us as a party or otherwise bring us into a

"suit" asking for damages from an insured; orb. To sue us on this Coverage Part unless all of its

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

4. Other InsuranceIf other valid and collectible insurance is available to theinsured for a loss we cover under Coverages A or B ofthis Coverage Part, our obligations are limited asfollows:a. Primary Insurance

This insurance is primary except when Paragraph b.below applies. If this insurance is primary, ourobligations are not affected unless any of the otherinsurance is also primary. Then, we will share withall that other insurance by the method described inParagraph c. below.

b. Excess Insurance(1) This insurance is excess over:

(a) Any of the other insurance, whether primary,excess, contingent or on any other basis:(i) That is Fire, Extended Coverage, Builder's

Risk, Installation Risk or similar coveragefor "your work";

(ii) That is Fire insurance for premises rentedto you or temporarily occupied by you withpermission of the owner;

(iii) That is insurance purchased by you tocover your liability as a tenant for "propertydamage" to premises rented to you ortemporarily occupied by you withpermission of the owner; or

(iv) If the loss arises out of the maintenance oruse of aircraft, "autos" or watercraft to theextent not subject to Exclusion g. ofSection I – Coverage A – Bodily Injury AndProperty Damage Liability.

(b) Any other primary insurance available to youcovering liability for damages arising out ofthe premises or operations, or the productsand completed operations, for which you havebeen added as an additional insured byattachment of an endorsement.

(2) When this insurance is excess, we will have noduty under Coverages A or B to defend theinsured against any "suit" if any other insurer hasa duty to defend the insured against that "suit". Ifno other insurer defends, we will undertake to doso, but we will be entitled to the insured's rightsagainst all those other insurers.


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

(a) The total amount that all such other insurancewould pay for the loss in the absence of thisinsurance; and

(b) The total of all deductible and self-insuredamounts under all that other insurance.

(4) We will share the remaining loss, if any, with anyother insurance that is not described in thisExcess Insurance provision and was not boughtspecifically to apply in excess of the Limits ofInsurance shown in the Declarations of thisCoverage Part.

c. Method Of SharingIf all of the other insurance permits contribution byequal shares, we will follow this method also. Underthis approach each insurer contributes equalamounts until it has paid its applicable limit ofinsurance or none of the loss remains, whichevercomes first.If any of the other insurance does not permitcontribution by equal shares, we will contribute bylimits. Under this method, each insurer's share isbased on the ratio of its applicable limit of insuranceto the total applicable limits of insurance of allinsurers.

5. Premium Audita. We will compute all premiums for this Coverage Part

in accordance with our rules and rates.b. Premium shown in this Coverage Part as advance

premium is a deposit premium only. At the close ofeach audit period we will compute the earnedpremium for that period and send notice to the firstNamed Insured. The due date for audit andretrospective premiums is the date shown as the duedate on the bill. If the sum of the advance and auditpremiums paid for the policy period is greater thanthe earned premium, we will return the excess to thefirst Named Insured.

c. The first Named Insured must keep records of theinformation we need for premium computation, andsend us copies at such times as we may request.

6. RepresentationsBy accepting this policy, you agree:a. The statements in the Declarations are accurate and

complete;b. Those statements are based upon representations

you made to us; and

c. We have issued this policy in reliance upon yourrepresentations.

7. Separation Of InsuredsExcept with respect to the Limits of Insurance, and anyrights or duties specifically assigned in this CoveragePart to the first Named Insured, this insurance applies:a. As if each Named Insured were the only Named

Insured; andb. Separately to each insured against whom claim is

made or "suit" is brought.8. Transfer Of Rights Of Recovery Against Others To

UsIf the insured has rights to recover all or part of anypayment we have made under this Coverage Part,those rights are transferred to us. The insured must donothing after loss to impair them. At our request, theinsured will bring "suit" or transfer those rights to us andhelp us enforce them.

9. When We Do Not RenewIf we decide not to renew this Coverage Part, we willmail or deliver to the first Named Insured shown in theDeclarations written notice of the nonrenewal not lessthan 30 days before the expiration date.If notice is mailed, proof of mailing will be sufficientproof of notice.

SECTION V – DEFINITIONS1. "Advertisement" means a notice that is broadcast or

published to the general public or specific marketsegments about your goods, products or services for thepurpose of attracting customers or supporters. For thepurposes of this definition:a. Notices that are published include material placed on

the Internet or on similar electronic means ofcommunication; and

b. Regarding web-sites, only that part of a web-site thatis about your goods, products or services for thepurposes of attracting customers or supporters isconsidered an advertisement.

2. "Auto" means:a. A land motor vehicle, trailer or semitrailer designed

for travel on public roads, including any attachedmachinery or equipment; or

b. Any other land vehicle that is subject to acompulsory or financial responsibility law or othermotor vehicle insurance law in the state where it islicensed or principally garaged.

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


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

4. "Coverage territory" means:a. The United States of America (including its territories

and possessions), Puerto Rico and Canada;b. International waters or airspace, but only if the injury

or damage occurs in the course of travel ortransportation between any places included inParagraph a. above; or

c. All other parts of the world if the injury or damagearises out of:

(1) Goods or products made or sold by you in theterritory described in Paragraph a. above;

(2) The activities of a person whose home is in theterritory described in Paragraph a. above, but isaway for a short time on your business; or

(3) "Personal and advertising injury" offenses thattake place through the Internet or similarelectronic means of communication

provided the insured's responsibility to pay damages isdetermined in a "suit" on the merits, in the territorydescribed in Paragraph a. above or in a settlement weagree to.

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

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

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

8. "Impaired property" means tangible property, other than"your product" or "your work", that cannot be used or isless 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 oragreement;

if such property can be restored to use by the repair,replacement, adjustment or removal of "your product" or"your work" or your fulfilling the terms of the contract oragreement.

9. "Insured contract" means:a. A contract for a lease of premises. However, that

portion of the contract for a lease of premises thatindemnifies any person or organization for damageby fire to premises while rented to you or temporarilyoccupied by you with permission of the owner is notan "insured contract";

b. A sidetrack agreement;c. Any easement or license agreement, except in

connection with construction or demolitionoperations on or within 50 feet of a railroad;

d. An obligation, as required by ordinance, to indemnifya municipality, except in connection with work for amunicipality;

e. An elevator maintenance agreement;f. That part of any other contract or agreement

pertaining to your business (including anindemnification of a municipality in connection withwork performed for a municipality) under which youassume the tort liability of another party to pay for"bodily injury" or "property damage" to a third personor organization. Tort liability means a liability thatwould be imposed by law in the absence of anycontract or agreement.Paragraph f. does not include that part of anycontract or agreement:

(1) That indemnifies a railroad for "bodily injury" or"property damage" arising out of construction ordemolition operations, within 50 feet of anyrailroad property and affecting any railroad bridgeor trestle, tracks, road-beds, tunnel, underpass orcrossing;

(2) That indemnifies an architect, engineer orsurveyor for injury or damage arising out of:

(a) Preparing, approving, or failing to prepare orapprove, maps, shop drawings, opinions,reports, surveys, field orders, change ordersor drawings and specifications; or

(b) Giving directions or instructions, or failing togive them, if that is the primary cause of theinjury or damage; or

(3) Under which the insured, if an architect, engineeror surveyor, assumes liability for an injury ordamage arising out of the insured's rendering orfailure to render professional services, includingthose listed in (2) above and supervisory,inspection, architectural or engineering activities.


10. "Leased worker" means a person leased to you by alabor leasing firm under an agreement between you andthe labor leasing firm, to perform duties related to theconduct of your business. "Leased worker" does notinclude a "temporary worker".

11. "Loading or unloading" means the handling of property:a. After it is moved from the place where it is accepted

for movement into or onto an aircraft, watercraft or"auto";

b. While it is in or on an aircraft, watercraft or "auto"; orc. While it is being moved from an aircraft, watercraft or

"auto" to the place where it is finally delivered;but "loading or unloading" does not include themovement of property by means of a mechanicaldevice, other than a hand truck, that is not attached tothe aircraft, watercraft or "auto".

12. "Mobile equipment" means any of the following types ofland vehicles, including any attached machinery orequipment:a. Bulldozers, farm machinery, forklifts and other

vehicles designed for use principally off public roads;b. Vehicles maintained for use solely on or next to

premises you own or rent;c. Vehicles that travel on crawler treads;d. Vehicles, whether self-propelled or not, maintained

primarily to provide mobility to permanently mounted:(1) Power cranes, shovels, loaders, diggers or drills;

or(2) Road construction or resurfacing equipment such

as graders, scrapers or rollers;e. Vehicles not described in Paragraph a., b., c. or d.

above that are not self-propelled and are maintainedprimarily to provide mobility to permanently attachedequipment of the following types:

(1) Air compressors, pumps and generators,including spraying, welding, building cleaning,geophysical exploration, lighting and wellservicing equipment; or

(2) Cherry pickers and similar devices used to raiseor lower workers;

f. Vehicles not described in Paragraph a., b., c. or d.above maintained primarily for purposes other thanthe transportation of persons or cargo.

However, self-propelled vehicles with the followingtypes of permanently attached equipment are not"mobile equipment" but will be considered "autos":

(1) Equipment designed primarily for:(a) Snow removal;(b) Road maintenance, but not construction or

resurfacing; or(c) Street cleaning;

(2) Cherry pickers and similar devices mounted onautomobile or truck chassis and used to raise orlower workers; and

(3) Air compressors, pumps and generators,including spraying, welding, building cleaning,geophysical exploration, lighting and wellservicing equipment.

However, "mobile equipment" does not include any landvehicles that are subject to a compulsory or financialresponsibility law or other motor vehicle insurance lawin the state where it is licensed or principally garaged.Land vehicles subject to a compulsory or financialresponsibility law or other motor vehicle insurance laware considered "autos".

13. "Occurrence" means an accident, including continuousor repeated exposure to substantially the same generalharmful conditions.

14. "Personal and advertising injury" means injury, includingconsequential "bodily injury", arising out of one or moreof the following offenses:a. False arrest, detention or imprisonment;b. Malicious prosecution;c. The wrongful eviction from, wrongful entry into, or

invasion of the right of private occupancy of a room,dwelling or premises that a person occupies,committed by or on behalf of its owner, landlord orlessor;

d. Oral or written publication, in any manner, of materialthat slanders or libels a person or organization ordisparages a person's or organization's goods,products or services;

e. Oral or written publication, in any manner, of materialthat violates a person's right of privacy;

f. The use of another's advertising idea in your"advertisement"; or

g. Infringing upon another's copyright, trade dress orslogan in your "advertisement".


15. "Pollutants" mean any solid, liquid, gaseous or thermalirritant or contaminant, including smoke, vapor, soot,fumes, acids, alkalis, chemicals and waste. Wasteincludes materials to be recycled, reconditioned orreclaimed.

16. "Products-completed operations hazard":a. Includes all "bodily injury" and "property damage"

occurring away from premises you own or rent andarising out of "your product" or "your work" except:

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

(2) Work that has not yet been completed orabandoned. However, "your work" will bedeemed completed at the earliest of the followingtimes:

(a) When all of the work called for in yourcontract has been completed.

(b) When all of the work to be done at the job sitehas been completed if your contract calls forwork at more than one job site.

(c) When that part of the work done at a job sitehas been put to its intended use by anyperson or organization other than anothercontractor or subcontractor working on thesame project.

Work that may need service, maintenance,correction, repair or replacement, but which isotherwise complete, will be treated as completed.

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

(1) The transportation of property, unless the injuryor damage arises out of a condition in or on avehicle not owned or operated by you, and thatcondition was created by the "loading orunloading" of that vehicle by any insured;

(2) The existence of tools, uninstalled equipment orabandoned or unused materials; or

(3) Products or operations for which theclassification, listed in the Declarations or in apolicy schedule, states that products-completedoperations are subject to the General AggregateLimit.

17. "Property damage" means:a. Physical injury to tangible property, including all

resulting loss of use of that property. All such loss ofuse shall be deemed to occur at the time of thephysical injury that caused it; or

b. Loss of use of tangible property that is not physicallyinjured. All such loss of use shall be deemed tooccur at the time of the "occurrence" that caused it.

For the purposes of this insurance, electronic data is nottangible property.As used in this definition, electronic data meansinformation, facts or programs stored as or on, createdor used on, or transmitted to or from computer software,including systems and applications software, hard orfloppy disks, CD-ROMS, tapes, drives, cells, dataprocessing devices or any other media which are usedwith electronically controlled equipment.

18. "Suit" means a civil proceeding in which damagesbecause of "bodily injury", "property damage" or"personal and advertising injury" to which this insuranceapplies are alleged. "Suit" includes:a. An arbitration proceeding in which such damages

are claimed and to which the insured must submit ordoes submit with our consent; or

b. Any other alternative dispute resolution proceedingin which such damages are claimed and to which theinsured submits with our consent.

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

20. "Volunteer worker" means a person who is not your"employee", and who donates his or her work and actsat the direction of and within the scope of dutiesdetermined by you, and is not paid a fee, salary or othercompensation by you or anyone else for their workperformed for you.

21. "Your product":a. Means:

(1) Any goods or products, other than real property,manufactured, sold, handled, distributed ordisposed of by:

(a) You;(b) Others trading under your name; or(c) A person or organization whose business or

assets you have acquired; and(2) Containers (other than vehicles), materials, parts

or equipment furnished in connection with suchgoods or products.

b. Includes:(1) Warranties or representations made at any time

with respect to the fitness, quality, durability,performance or use of "your product"; and


(2) The providing of or failure to provide warnings orinstructions.

c. Does not include vending machines or other propertyrented to or located for the use of others but notsold.

22. "Your work":a. Means:

(1) Work or operations performed by you or on yourbehalf; and

(2) Materials, parts or equipment furnished inconnection with such work or operations.

b. Includes:(1) Warranties or representations made at any time

with respect to the fitness, quality, durability,performance or use of "your work", and

(2) The providing of or failure to provide warnings orinstructions.

CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 1

COMMERCIAL PROPERTY CONDITIONS

COMMERCIAL PROPERTY

COMMERCIAL PROPERTY CONDITIONSThis Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable LossConditions and Additional Conditions in Commercial Property Coverage Forms.

A. CONCEALMENT, MISREPRESENTATION ORFRAUDThis Coverage Part is void in any case of fraud byyou as it relates to this Coverage Part at any time.It is also void if you or any other insured, at anytime, intentionally conceal or misrepresent a mate-rial fact concerning:1. This Coverage Part;2. The Covered Property;3. Your interest in the Covered Property; or4. A claim under this Coverage Part.

B. CONTROL OF PROPERTYAny act or neglect of any person other than youbeyond your direction or control will not affect thisinsurance.The breach of any condition of this Coverage Partat any one or more locations will not affect cover-age at any location where, at the time of loss ordamage, the breach of condition does not exist.

C. INSURANCE UNDER TWO OR MORE COVER-AGESIf two or more of this policy's coverages apply tothe same loss or damage, we will not pay morethan the actual amount of the loss or damage.

D. LEGAL ACTION AGAINST USNo one may bring a legal action against us underthis Coverage Part unless:1. There has been full compliance with all of the

terms of this Coverage Part; and2. The action is brought within 2 years after the

date on which the direct physical loss or dam-age occurred.

E. LIBERALIZATIONIf we adopt any revision that would broaden thecoverage under this Coverage Part without addi-tional premium within 45 days prior to or during thepolicy period, the broadened coverage will imme-diately apply to this Coverage Part.

F. NO BENEFIT TO BAILEENo person or organization, other than you, havingcustody of Covered Property will benefit from thisinsurance.

G. OTHER INSURANCE1. You may have other insurance subject to the

same plan, terms, conditions and provisions as

the insurance under this Coverage Part. If youdo, we will pay our share of the covered loss ordamage. Our share is the proportion that theapplicable Limit of Insurance under this Cover-age Part bears to the Limits of Insurance of allinsurance covering on the same basis.

2. If there is other insurance covering the sameloss or damage, other than that described in 1.above, we will pay only for the amount of cov-ered loss or damage in excess of the amountdue from that other insurance, whether you cancollect on it or not. But we will not pay morethan the applicable Limit of Insurance.

H. POLICY PERIOD, COVERAGE TERRITORYUnder this Coverage Part:1. We cover loss or damage commencing:

a. During the policy period shown in theDeclarations; and

b. Within the coverage territory.2. The coverage territory is:

a. The United States of America (including itsterritories and possessions);

b. Puerto Rico; andc. Canada.

I. TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO USIf any person or organization to or for whom wemake payment under this Coverage Part hasrights to recover damages from another, thoserights are transferred to us to the extent of ourpayment. That person or organization must doeverything necessary to secure our rights andmust do nothing after loss to impair them. But youmay waive your rights against another party inwriting:1. Prior to a loss to your Covered Property or

Covered Income.2. After a loss to your Covered Property or Cov-

ered Income only if, at time of loss, that party isone of the following:a. Someone insured by this insurance;b. A business firm:

(1) Owned or controlled by you; or(2) That owns or controls you; or

c. Your tenant.This will not restrict your insurance.

IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1

IL 00 17 11 98

COMMON POLICY CONDITIONS

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

A. Cancellation1. The first Named Insured shown in the Declara-

tions may cancel this policy by mailing or de-livering to us advance written notice of cancel-lation.

2. We may cancel this policy by mailing or deliv-ering to the first Named Insured written noticeof cancellation at least:a. 10 days before the effective date of cancel-

lation if we cancel for nonpayment of pre-mium; or

b. 30 days before the effective date of cancel-lation if we cancel for any other reason.

3. We will mail or deliver our notice to the firstNamed Insured's last mailing address known tous.

4. Notice of cancellation will state the effectivedate of cancellation. The policy period will endon that date.

5. If this policy is cancelled, we will send the firstNamed Insured any premium refund due. If wecancel, the refund will be pro rata. If the firstNamed Insured cancels, the refund may beless than pro rata. The cancellation will be ef-fective even if we have not made or offered arefund.

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

B. ChangesThis policy contains all the agreements betweenyou and us concerning the insurance afforded.The first Named Insured shown in the Declarationsis authorized to make changes in the terms of thispolicy with our consent. This policy's terms can beamended or waived only by endorsement issuedby us and made a part of this policy.

C. Examination Of Your Books And RecordsWe may examine and audit your books and rec-ords as they relate to this policy at any time duringthe policy period and up to three years afterward.

D. Inspections And Surveys1. We have the right to:

a. Make inspections and surveys at any time;

b. Give you reports on the conditions we find;and

c. Recommend changes.2. We are not obligated to make any inspections,

surveys, reports or recommendations and anysuch actions we do undertake relate only to in-surability and the premiums to be charged. Wedo not make safety inspections. We do not un-dertake to perform the duty of any person ororganization to provide for the health or safetyof workers or the public. And we do not warrantthat conditions:a. Are safe or healthful; orb. Comply with laws, regulations, codes or

standards.3. Paragraphs 1. and 2. of this condition apply not

only to us, but also to any rating, advisory, rateservice or similar organization which makesinsurance inspections, surveys, reports orrecommendations.

4. Paragraph 2. of this condition does not apply toany inspections, surveys, reports or recom-mendations we may make relative to certifica-tion, under state or municipal statutes, ordi-nances or regulations, of boilers, pressure ves-sels or elevators.

E. PremiumsThe first Named Insured shown in the Declara-tions:1. Is responsible for the payment of all premiums;

and2. Will be the payee for any return premiums we

pay.F. Transfer Of Your Rights And Duties Under This

PolicyYour rights and duties under this policy may not betransferred without our written consent except inthe case of death of an individual named insured.If you die, your rights and duties will be trans-ferred to your legal representative but only whileacting within the scope of duties as your legal rep-resentative. Until your legal representative is ap-pointed, anyone having proper temporary custodyof your property will have your rights and dutiesbut only with respect to that property.


NEW YORK CHANGES – COMMERCIAL GENERAL LIABILITY COVERAGE FORM



NEW YORK CHANGES –COMMERCIAL GENERAL LIABILITY COVERAGE FORM


COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Paragraph 1. Insuring Agreement of Section I –Coverage A Bodily Injury And Property DamageLiability is replaced by the following:1. Insuring Agreement

a. We will pay those sums that the insuredbecomes legally obligated to pay asdamages because of "bodily injury" or"property damage" to which this insuranceapplies. We will have the right and duty todefend the insured against any "suit" seekingthose damages even if the allegations of the"suit" are groundless, false or fraudulent.However, we will have no duty to defend theinsured against any "suit" seeking damagesfor "bodily injury" or "property damage" towhich this insurance does not apply. Wemay, at our discretion, investigate any"occurrence" and settle any claim or "suit"that may result. But:

(1) The amount we will pay for damages islimited as described in Section III – LimitsOf Insurance; and

(2) Our right and duty to defend end when wehave used up the applicable limit ofinsurance in the payment of judgments orsettlements under Coverages A or B ormedical expenses under Coverage C.

No other obligation or liability to pay sums orperform acts or services is covered unlessexplicitly provided for under SupplementaryPayments – Coverages A and B.

b. This insurance applies to "bodily injury" and"property damage" only if:

(1) The "bodily injury" or "property damage"is caused by an "occurrence" that takesplace in the "coverage territory";

(2) The "bodily injury" or "property damage"occurs during the policy period; and

(3) Prior to the policy period, no insured listed underParagraph 1. of Section II – Who Is An Insuredand no "employee" authorized by you to give orreceive notice of an "occurrence" or claim, knewthat the "bodily injury" or "property damage" hadoccurred, in whole or in part. If such a listedinsured or authorized "employee" knew, prior tothe policy period, that the "bodily injury" or"property damage" occurred, then anycontinuation, change or resumption of such"bodily injury" or "property damage" during orafter the policy period will be deemed to havebeen known prior to the policy period.

c. "Bodily injury" or "property damage" which occursduring the policy period and was not, prior to thepolicy period, known to have occurred by anyinsured listed under Paragraph 1. of Section II –Who Is An Insured or any "employee" authorized byyou to give or receive notice of an "occurrence" orclaim, includes any continuation, change orresumption of that "bodily injury" or "propertydamage" after the end of the policy period.

d. "Bodily injury" or "property damage" will be deemedto have been known to have occurred at theearliest time when any insured listed underParagraph 1. of Section II – Who Is An Insured orany "employee" authorized by you to give orreceive notice of an "occurrence" or claim:(1) Reports all, or any part, of the "bodily injury" or

"property damage" to us or any other insurer;(2) Receives a written or verbal demand or claim

for damages because of the "bodily injury" or"property damage"; or

of 3 © Insurance Services Office, Inc., 2010 CG 01 63 07 11

(3) Becomes aware by any other meansthat "bodily injury" or "property damage"has occurred or has begun to occur.

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

B. Paragraph 1.a. of Section I – Coverage BPersonal And Advertising Injury Liability isreplaced by the following:1. Insuring Agreement

a. We will pay those sums that the insuredbecomes legally obligated to pay asdamages because of "personal andadvertising injury" to which this insuranceapplies. We will have the right and duty todefend the insured against any "suit"seeking those damages even if theallegations of the "suit" are groundless,false or fraudulent. However, we will haveno duty to defend the insured against any"suit" seeking damages for "personal andadvertising injury" to which this insurancedoes not apply. We may, at our discretion,investigate any offense and settle any claimor "suit" that may result. But:

(1) The amount we will pay for damages islimited as described in Section III –Limits Of Insurance; and

(2) Our right and duty to defend end whenwe have used up the applicable limit ofinsurance in the payment of judgmentsor settlements under Coverages A andB or medical expenses under CoverageC.

No other obligation or liability to pay sumsor perform acts or services is coveredunless explicitly provided for underSupplementary Payments – Coverages Aand B.

C. The following is added as Paragraph e. to theDuties In The Event Of Occurrence, Offense,Claim Or Suit Condition (Paragraph 2. of SectionIV – Commercial General Liability Conditions):

e. Notice given by or on behalf of the insured,or written notice by or on behalf of theinjured person or any other claimant, to anyagent of ours in New York State, withparticulars sufficient to identify the insured,shall be considered to be notice to us.

D. Paragraph 3. of Section IV – CommercialGeneral Liability Conditions is replaced by thefollowing:3. Legal Action Against Us

a. Except as provided in Paragraph b., noperson or organization has a right under thisCoverage Part:(1) To join us as a party or otherwise bring

us into a "suit" asking for damages froman insured; or

(2) To sue us on this Coverage Part unlessall of its terms have been fully compliedwith.

A person or organization may sue us to re-cover on an agreed settlement or on a finaljudgment against an insured; but we will notbe liable for damages that are not payableunder the terms of this Coverage Part orthat are in excess of the applicable limit ofinsurance. An agreed settlement means asettlement and release of liability signed byus, the insured and the claimant or theclaimant's legal representative.

b. With respect to "bodily injury" and “personaland advertising injury” claims, if we denycoverage or do not admit liability becausean insured or the injured person, someoneacting for the injured person or otherclaimant fails to give us written notice assoon as practicable, then the injured person,someone acting for the injured person orother claimant may bring an action againstus, provided the sole question is whetherthe denial of coverage or nonadmission ofliability is based on the failure to providetimely notice.However, the injured person, someoneacting for the injured person or otherclaimant may not bring an action if within 60days after we deny coverage or do notadmit liability, we or an insured:(1) Brings an action to declare the rights of

the parties under the policy; and(2) Names the injured person, someone

acting for the injured person or otherclaimant as a party to the action.


E. The following provision is added and supersedesany provision to the contrary:Failure to give notice to us as required under thisCoverage Part shall not invalidate any claim madeby the insured, injured person or any otherclaimant, unless the failure to provide such timelynotice has prejudiced us. However, no claimmade by the insured, injured person or otherclaimant will be invalidated if it shall be shown notto have been reasonably possible to give suchtimely notice and that notice was given as soon aswas reasonably possible thereafter.

F. The definition of "loading or unloading" in theDefinitions Section does not apply.

SL-24693 (Ed. 12/11) Page 1 of 1

NEW YORK SURPLUS LINES NOTIFICATION

X Illinois Union Insurance Company

Westchester Surplus Lines Insurance Company

Insured:Suisu Sushi Inc.

Attached To Policy No.: MCR D38042002 001

Effective Date: 01/25/2016

NEW YORK SURPLUS LINES NOTIFICATION

THE INSURER NAMED HEREIN IS NOT LICENSED BY THE STATE OF NEW YORK, NOTSUBJECT TO ITS SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THE INSURER,NOT PROTECTED BY THE NEW YORK SECURITY FUNDS. THE POLICY MAY NOT BESUBJECT TO ALL OF THE REGULATIONS OF THE DEPARTMENT OF FINANCIAL SERVICESPERTAINING TO POLICY FORMS.

NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS,CONDITIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS NOTICE IS ATTACHED OTHER THAN ASSTATED ABOVE.

WSG-084 (05/11) Page 1 of 1

NOTICE

Illinois UnionINSURANCE COMPANY

525 West Monroe Street, Suite 400Chicago, IL 60661

NOTICEPOLICY NO. MCR D38042002 001

NAME OF INSURED: Suisu Sushi Inc.

ADDRESS: 213 West 28th Street, New York, NY, 10001

We are pleased to enclose your policy for this account.

Please be advised that by binding this risk with the above referenced Surplus Lines Insurance Company, you agree thatas the Surplus Lines Broker responsible for the placement of this insurance policy, it is your obligation to comply with allStates Surplus Lines Laws including completion of any declarations/affidavits that must be filed as well as payment of anyand all Surplus Lines taxes that must be the remitted to the State(s). We will look to you for indemnification if controllingSurplus Lines Laws are violated by you as the Surplus Lines broker responsible for the placement.

You further confirm that any applicable state requirement concerning a diligent search for coverage by admitted carriershas been fulfilled in accordance with state law.

Thank you for this placement and your regulatory compliance.

Date: 01/25/2016

LD-5S23j (03/14) Page 1 of 1

SIGNATURESNamed InsuredSuisu Sushi Inc.

Endorsement Number

Policy SymbolGPP

Policy NumberMCR D38042002 001

Policy Period01/25/2016 to 04/25/2016

Effective Date of Endorsement01/25/2016

Issued By (Name of Insurance Company)Illinois Union Insurance Company

Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANYNAMED ON THE FIRST PAGE OF THE DECLARATIONS.

By signing and delivering the policy to you, we state that it is a valid contract.

ILLINOIS UNION INSURANCE COMPANY (A stock company)525 W. Monroe Street, Suite 400, Chicago, Illinois 60661

WESTCHESTER SURPLUS LINES INSURANCE COMPANY (A stock company)Royal Centre Two, 11575 Great Oaks Way, Suite 200, Alpharetta, GA 30022

Authorized Representative

ALL-42490 (03/14) Page 1 of 1

U.S. FOREIGN ACCOUNT TAX COMPLIANCE ACT(“FATCA”)

The U.S. Foreign Account Tax Compliance Act, commonly known as “FATCA”, became the law in the U.S. in March of2010 and becomes effective July 1, 2014. Pursuant to FATCA, brokers, producers, agents and/or clients may need toobtain withholding certificates from insurance companies. For information on how to obtain the applicable withholdingcertificate from ACE U.S. insurance companies, please go to the following web site:

http://www.acegroup.com/us-en/businesses/foreign-account-tax-compliance-act-fatca.aspx

http://www.acegroup.com/us-en/businesses/foreign-account-tax-compliance-act-fatca.aspx

ILP 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1

ILP 001 01 04

U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGNASSETS CONTROL ("OFAC")

ADVISORY NOTICE TO POLICYHOLDERS

No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy.You should read your policy and review your Declarations page for complete information on the coverages you areprovided.This Notice provides information concerning possible impact on your insurance coverage due to directives issued byOFAC. Please read this Notice carefully.The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidentialdeclarations of "national emergency". OFAC has identified and listed numerous:l Foreign agents;l Front organizations;l Terrorists;l Terrorist organizations; andl Narcotics traffickers;

as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury'sweb site – http//www.treas.gov/ofac.In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entityclaiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National andBlocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and allprovisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such ablocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Otherlimitations on the premiums and payments also apply.


VACANCY PERMIT

POLICY NUMBER: MCR D38042002 001 COMMERCIAL PROPERTY


VACANCY PERMITThis endorsement modifies insurance provided under the following:

BUILDING AND PERSONAL PROPERTY COVERAGE FORMCONDOMINIUM ASSOCIATION COVERAGE FORMCONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORMSTANDARD PROPERTY POLICY

SCHEDULEPrem. Bldg. Excepted Causes of Loss Permit PeriodNo. No. Vandalism Sprinkler Leakage From To213 West 28thStreet,NewYork,NY,10001

213 West 28thStreet,NewYork,NY,10001

X 01/25/2016 04/25/2016

A. The VACANCY Loss Condition does not apply to direct physical loss or damage:1. At the locations; and2. During the Permit Period;shown in the Schedule or in the Declarations.

B. This Vacancy Permit does not apply to the Excepted Causes of Loss indicated in the Declarations or by an "X"in the Schedule.

LD-43208 (06/14) Page 1 of 1

CONSTRUCTION OPERATIONS EXCLUSION – DESIGNATED LOCATIONS

CONSTRUCTION OPERATIONS EXCLUSION – DESIGNATED LOCATIONS

Named InsuredSuisu Sushi Inc.

Endorsement Number001

Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016


Issued By (Name of Insurance Company)Illinois Union Insurance CompanyInsert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORMSCHEDULE

PremisesNumber

BuildingNumber

Address

Location1 1 213 West 28th Street,New York,NY,10001

The following exclusion is added to the policy:

With respect to any location scheduled above, this insurance does not apply to “bodily injury”, “property damage”,“personal and advertising injury”, or medical expenses arising out of any the following operations: construction,“construction services”, demolition, renovation or site preparations at or connected with such location. Thisexclusion applies to all operations including those included in the “products-completed operations hazard”

“Construction Services” includes, but is not limited to, surveying, drafting, test borings, or inspections..

All other terms and conditions of this policy remain unchanged.




THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.EMPLOYMENT-RELATED PRACTICES EXCLUSION

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


A. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage A – Bodily InjuryAnd Property Damage Liability:This insurance does not apply to:"Bodily injury" to:

(1) A person arising out of any:(a) Refusal to employ that person;(b) Termination of that person's employment; or(c) Employment-related practices, policies, acts or

omissions, such as coercion, demotion,evaluation, reassignment, discipline, defamation,harassment, humiliation, discrimination ormalicious prosecution directed at that person; or

(2) The spouse, child, parent, brother or sister of thatperson as a consequence of "bodily injury" to thatperson at whom any of the employment-relatedpractices described in Paragraphs (a), (b), or (c)above is directed.

This exclusion applies:(1) Whether the injury-causing event described in

Paragraphs (a), (b) or (c) above occurs beforeemployment, during employment or afteremployment of that person;

(2) Whether the insured may be liable as an employer orin any other capacity; and

(3) To any obligation to share damages with or repaysomeone else who must pay damages because ofthe injury.

B. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage B – Personal AndAdvertising Injury Liability:This insurance does not apply to:"Personal and advertising injury" to:

(1) A person arising out of any:(a) Refusal to employ that person;(b) Termination of that person's employment; or(c) Employment-related practices, policies, acts or

omissions, such as coercion, demotion,evaluation, reassignment, discipline, defamation,harassment, humiliation, discrimination ormalicious prosecution directed at that person; or

(2) The spouse, child, parent, brother or sister of thatperson as a consequence of "personal andadvertising injury" to that person at whom any of theemployment-related practices described inParagraphs (a), (b), or (c) above is directed.

This exclusion applies:(1) Whether the injury-causing event described in

Paragraphs (a), (b) or (c) above occurs beforeemployment, during employment or afteremployment of that person;

(2) Whether the insured may be liable as an employer orin any other capacity; and

(3) To any obligation to share damages with or repaysomeone else who must pay damages because ofthe injury.


EXCLUSION – NEW ENTITIES



EXCLUSION – NEW ENTITIES



Paragraph 3. of Section II – Who Is An Insured doesnot apply.

CG 21 04 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1

COMMERCIAL GENERAL LIABILITY


EXCLUSION – PRODUCTS-COMPLETED OPERATIONS HAZARD

EXCLUSION – PRODUCTS-COMPLETED OPERATIONSHAZARD


COMMERCIAL GENERAL LIABILITY COVERAGE PART.

This insurance does not apply to "bodily injury" or "property damage" included within the "products-completedoperations hazard".

LD-43210 (06/14) Page 1 of 1

EXPANDED DEFINITION OF BODILY INJURY

EXPANDED DEFINITION OF BODILY INJURY



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016





The policy is amended as follows:

Definition 3. “Bodily injury” in SECTION V. DEFINITIONS is deleted in its entirety and replaced withthe following:

3. “Bodily injury” means bodily injury, sickness or disease sustained by a person, including death resultingfrom any of these at any time. “Bodily injury” includes mental anguish or emotional distress resulting frombodily injury, sickness or disease.



LD-43239 (06/14) Page 1 of 1

EXTERIOR WORK OVER 50 FEET EXCLUSION

EXTERIOR WORK OVER 50 FEET EXCLUSION



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016






This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury”arising from or resulting, directly or indirectly, from:

1. “Your work” on the exterior of any building or structure in excess of fifty (50) feet in height; or2. “Your work” on the exterior of any building or structure that is proposed to be over fifty (50) feet

in height.

This exclusion will not apply to “your work” performed within the interior walls of any building orstructure.



LD-43203 (06/14) Page 1 of 1

INDEPENDENT CONTRACTORS/SUBCONTRACTORS EXCLUSION - DESIGNATED LOCATIONS

INDEPENDENT CONTRACTORS/SUBCONTRACTORS EXCLUSION - DESIGNATEDLOCATIONS



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016





SCHEDULE

PremisesNumber

BuildingNumber

Address

Location1 1 213 West 28th Street,New York,NY,10001


With respect to operations at or connected with any location scheduled above, this insurance does notapply to “bodily injury”, “property damage”, or “personal and advertising injury” arising out of (a) theoperations performed for or on behalf of any insured by any contractor(s) or (b) acts or omissions of anyinsured in the selection, retention or supervision of any contractor(s). The term contractor(s) includessubcontractor(s). This exclusion applies to all operations including those included in the “products-completed operations hazard”




POLICY NUMBER: MCR D38042002 001 COMMERCIAL GENERAL LIABILITYCG 21 44 07 98

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT

LIMITATION OF COVERAGE TO DESIGNATEDPREMISES OR PROJECT



SCHEDULE

Premises:213 West 28th Street,New York,NY,10001

Project:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarationsas applicable to this endorsement.)

This insurance applies only to "bodily injury", "property damage", "personal and advertising injury" and medicalexpenses arising out of:

1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary orincidental to those premises; or

2. The project shown in the Schedule.

LD-43209 (06/14) Page 1 of 2

POLLUTION, ORGANIC PATHOGEN, SILICA, ASBESTOS AND LEAD EXCLUSION WITH HOSTILE FIRE AND HUMAN FOOD PRODUCT EXCEPTIONS

POLLUTION, ORGANIC PATHOGEN, SILICA, ASBESTOS AND LEAD EXCLUSIONWITH HOSTILE FIRE AND HUMAN FOOD PRODUCT EXCEPTIONS



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016





SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Paragraph 2. Exclusions, f. Pollution is deleted in its entirety and replaced with the following:

f. Pollution, Organic Pathogen, Silica, Asbestos and Lead(1) “Bodily injury” or “property damage”; or(2) Diminishing or lessening in value of property or for damages from the taking, use or acquisition or

interference with the rights of others in property or air space; or(3) Loss, cost or expense, including but not limited to payment for investigation or defense, fines and

penalties, arising out of any governmental or any private party action, that an insured or any otherparty test for, monitor, clean up, remove, contain, mitigate, treat, detoxify or neutralize or in any wayrespond to or assess the actual or alleged effects of “pollutants”, “organic pathogens”, “silica”,asbestos, or lead;

arising directly, indirectly, in concurrence with or in any sequence out of the actual, alleged or threatenedpresence of or exposure to, ingestion, inhalation, absorption, contact with discharge, dispersal, seepage,release or escape of “pollutants”, “organic pathogens”, “silica”, asbestos, or lead, whether or not any ofthe foregoing are (1) sudden, accidental or gradual in nature; (2) intentional; or (3) expected or intendedfrom the standpoint of the insured.

This exclusion applies even if the “pollutant”, “organic pathogen”, “silica”, asbestos, or lead has afunction in, or is used by you in your business, operations, premises, site or location.

This exclusion does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumesfrom a "hostile fire" unless that "hostile fire" occurred or originated:

(1) At any premises, site or location which is or was at any time used by or for any insured or othersfor the handling, storage, disposal, processing or treatment of waste; or

(2) At any premises, site or location on which any insured or any contractors or subcontractorsworking directly or indirectly on any insured's behalf are performing operations to test for,monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond to, orassess the effects of, "pollutants".

This exclusion does not apply to “bodily injury” or “property damage” arising from the consumption offood products intended for human consumption.

LD-43209 (06/14) Page 2 of 2

“Pollutants” mean[s] any solid, liquid, gaseous, bacterial, fungal, electromagnetic, thermal or othersubstance that can be toxic or hazardous, cause irritation to animals or persons and/or causecontamination to property and the environment including smoke, vapor, soot, fumes, acids, alkalis,chemicals, toxic materials, “volatile organic compound” and gases therefrom, radon, combustionbyproducts and waste. Specific examples identified as pollutants include, but are not limited to, diesel,kerosene, and other fuel oils; carbon monoxide and other exhaust gases; mineral spirits and othersolvents; tetrachloroethylene, perchloroethylene (PERC), trichloroethylene (TCE), methylenechloroform, and other dry cleaning chemicals; chlorofluorocarbons, chlorinated hydrocarbons,adhesives, pesticides, insecticides, and all substances specifically listed, identified, or described by oneor more of the following references: Comprehensive Environmental Response, Compensation, andLiability Act (CERCLA) Priority List Hazardous Substances (1997 and all subsequent editions),Agency for Toxic Substances And Disease Registry ToxFAQs™, and/or U.S. EnvironmentalProtection Agency EMCI Chemical References Complete Index. “Pollutants” includes thesubstances separately defined in this endorsement.

“Silica” means silica in any form and any of its derivatives, including but not limited to silica dust, silicondioxide, crystalline silica, quartz, or non-crystalline (amorphous) silica.

“Volatile organic compound” means any compound which discharges organic gases as it decomposesor evaporates, examples of which include but are not limited to formaldehyde, pesticides, adhesives,construction materials made with organic chemicals, solvents, paint, varnish and cleaning products.

“Waste” means any property intended to be disposed, recycled, reused or reclaimed by the owner oruser thereof.

“Organic pathogen” means any organic irritant or contaminant, including but not limited to mold, fungus,bacteria or virus, including but not limited to their byproduct such as mycotoxin, mildew, or biogenicaerosol.



LD-43205 (06/14) Page 1 of 1

PRE-EXISTING OR PROGRESSIVE DAMAGE EXCLUSION

PRE-EXISTING OR PROGRESSIVE DAMAGE EXCLUSION



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016





The following exclusion is added to SECTION I – COVERAGES, COVERAGE A Bodily Injury and PropertyDamage Liability, Paragraph 2. Exclusions:

Pre-existing or Progressive DamageThis insurance does not apply to “bodily injury” or “property damage”, or any damages arising outof or related to “bodily injury” or “property damage”, whether known or unknown:

a. Which first occurred, or is alleged to have first occurred, in whole or in part, prior tothe inception date of this policy; or

b. Which are, or alleged to be, in the process of occurring, in whole or in part, prior tothe inception date of this policy, even if the “occurrence” continues, changes orresumes during the policy period; or

c. Which is in the process of being reported, investigated, in litigation or settled as ofthe inception date of this policy.





RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION

RECORDING AND DISTRIBUTION OF MATERIAL ORINFORMATION IN VIOLATION OF LAW EXCLUSION



A. Exclusion q. of Paragraph 2. Exclusions of Sec-tion I – Coverage A – Bodily Injury And Prop-erty Damage Liability is replaced by the follow-ing:2. Exclusions

This insurance does not apply to:q. Recording And Distribution Of Material

Or Information In Violation Of Law"Bodily injury" or "property damage" arisingdirectly or indirectly out of any action oromission that violates or is alleged to vio-late:

(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;

(3) The Fair Credit Reporting Act (FCRA),and any amendment of or addition tosuch law, including the Fair and Accu-rate Credit Transaction Act (FACTA); or

(4) Any federal, state or local statute, ordi-nance or regulation, other than theTCPA, CAN-SPAM Act of 2003 orFCRA and their amendments and addi-tions, that addresses, prohibits, or limitsthe printing, dissemination, disposal,collecting, recording, sending, transmit-ting, communicating or distribution ofmaterial or information.

B. Exclusion p. of Paragraph 2. Exclusions of Sec-tion I – Coverage B – Personal And AdvertisingInjury Liability is replaced by the following:2. Exclusions

This insurance does not apply to:p. Recording And Distribution Of Material

Or Information In Violation Of Law"Personal and advertising injury" arising di-rectly 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;

(3) The Fair Credit Reporting Act (FCRA),and any amendment of or addition tosuch law, including the Fair and Accu-rate Credit Transaction Act (FACTA); or

(4) Any federal, state or local statute, ordi-nance or regulation, other than theTCPA, CAN-SPAM Act of 2003 orFCRA and their amendments and addi-tions, that addresses, prohibits, or limitsthe printing, dissemination, disposal,collecting, recording, sending, transmit-ting, communicating or distribution ofmaterial or information.

FA-43198 (06/14) Page 1 of 2

ABSOLUTE POLLUTION EXCLUSION – PROPERTY

ABSOLUTE POLLUTION EXCLUSION – PROPERTY



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016




COMMERCIAL PROPERTY COVERAGE PART

The following supersedes the terms and conditions of this policy. This policy does not insure against loss orexpense, including but not limited to the cost of defense for:

1) direct physical loss of or damage to Covered Property,2) your expense to remove debris of Covered Property,

3) any actual loss of Business Income you sustain due to the suspension of your “operations” during any“period of restoration”,

4) any extra expense you incur during any “period of restoration”,

5) damages for the devaluation of property or for the taking, use or acquisition or interference with the rightsof others in property or air space,

6) any loss, cost or expense, including but not limited to fines and penalties, arising out of any governmentaldirection or request, or any private party or citizen action requiring, that you test for, monitor, clean up,remove, contain, treat, detoxify or neutralize “pollutants”, or

7) any litigation or administrative procedure in which an insured may be involved as a party;

arising directly, indirectly, or in concurrence or in any sequence with another cause of loss, out of actual, allegedor threatened existence, discharge, dispersal, release or escape of “pollutants”, whether or not such actual,alleged or threatened existence, discharge, dispersal, release or escape is sudden, accidental or gradual innature.

This exclusion applies even if such “pollutant” has a function in, or is used by you in your business, operations,premises, site or location.“Pollutants” means any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited tosmoke, vapor, soot, fumes, acids, alkalis, chemicals, toxic materials, “volatile organic compound” and gasestherefrom, radon, combustion byproducts and “waste.”“Volatile organic compound” means any compound which discharges organic gases as it decomposes orevaporates, examples of which include but are not limited to formaldehyde, pesticides, adhesives, constructionmaterials made with organic chemicals, solvents, paint varnish and cleaning products.

“Waste” means any property intended to be disposed, recycled, reused or reclaimed by the owner or userthereof.

FA-43198 (06/14) Page 2 of 2

If not already defined elsewhere in this policy, for purposes of this endorsement the following terms shall have thefollowing meanings:

“Business Income” means the net income and continuing normal operating expenses, including payroll,that would have been earned or incurred but for the “suspension” of your “operations.” For manufacturingrisks, Net Income includes the net sales value of production.

"Operations" means your business activities occurring at the described premises.

"Period of restoration" means the period of time after the time of direct physical loss or damage at thedescribed premises, which ends when the property at the described premises is or should be repaired,rebuilt or replaced with reasonable speed and similar quality or when business is resumed at a newpermanent location.

“Suspension” means the slowdown or cessation of your business activities.

All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy andtakes effect on the effective date of your policy unless another effective date is shown.


CC-45079 (12/14) Page 1 of 1

PUNITIVE OR EXEMPLARY DAMAGES EXCLUSION

AMENDMENT TO COMMON POLICY CONDITIONS



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016




BUILDING AND PERSONAL PROPERTY COVERAGE FORMCOMMERCIAL GENERAL LIABILITY COVERAGE FORM

The Section A. Cancellation section of the Common Policy Conditions endorsement is hereby replaced withthe following:

A. Cancellation

1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to usadvance written notice of cancellation.

2. We may cancel this policy by mailing or delivering to the first Named Insured written notice ofcancellation at least:

a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or

b. 30 days before the effective date of cancellation if we cancel for failure to comply with mandatoryinspection recommendations; or

c. 30 days before the effective date of cancellation if we cancel for any other reason.

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

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

5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, therefund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. Thecancellation will be effective even if we have not made or offered a refund.

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

7. If this policy is cancelled for any reason, other than at the request of the company, the minimum earnedpremium for this policy will be 25% of the total policy premium. This minimum earned premium is notsubject to a short rate or pro rata adjustment.


FA-43196 (06/14) Page 1 of 1

ASBESTOS MATERIAL EXCLUSION

ASBESTOS MATERIAL EXCLUSION



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016





The following supersedes the terms and conditions of this policy. This policy does not provide coverage for thefollowing:

1) demolition or increased cost of reconstruction, repair, debris removal or loss of use necessitated by theenforcement of any law or ordinance regulating asbestos material.

2) any government direction or request declaring that asbestos material present in or part of or utilized onany undamaged portion of the insured's property can no longer be used for the purpose for which itwas intended or installed and must be removed or modified.



TRIA11c (1/15) Includes copyrighted material of Insurance Services office, Inc., with its permission.

DISCLOSURE PURSUANT TO TERRORISM RISKINSURANCE ACT


Endorsement Number

Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016





Disclosure Of Premium

In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing theportion of your premium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act.The portion of your premium attributable to such coverage is shown in this endorsement or in the policy Declarations.

Disclosure Of Federal Participation In Payment Of Terrorism Losses

The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federalprogram. The federal share equals 85% for year 2015, 84% beginning on January 2016; 83% beginning on January 12017, 82% beginning on January 1, 2018; 81% beginning on January 1, 2019 and 80% beginning on January 1, 2020 ofthat portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregateinsured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in acalendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100billion.

Cap On Insurer Participation In Payment Of Terrorism Losses

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

Terrorism Risk Insurance Act premium: $0



FUNCTIONAL REPLACEMENT COST

POLICY NUMBER: MCR D38042002 001 COMMERCIAL PROPERTY


FUNCTIONAL REPLACEMENT COST


BUILDING AND PERSONAL PROPERTY COVERAGE FORMCONDOMINIUM ASSOCIATION COVERAGE FORMCONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

SCHEDULEPrem.No.

BldgNo. Description

FunctionalReplacement Cost

Limit ofInsurance

213 West28thStreet,NewYork,NY,10001

213 West 28thStreet,NewYork,NY,10001

$250,000

A. Functional Replacement Cost replaces ActualCash Value in the VALUATION Loss Conditionfor the property described in the Schedule or theDeclarations. Functional Replacement Costmeans the cost to replace the property withsimilar property intended to perform the samefunction when replacement with identicalproperty is impossible or unnecessary.

B. The COINSURANCE Additional Condition doesnot apply to the property shown in the Scheduleor Declarations. We will pay no more for loss ofor damage to that property than the proportionthat the Limit of Insurance for the property bearsto the Functional Replacement Cost, as shown inthe Schedule or the Declarations.

C. Functional Replacement Cost does not apply tothe following even when attached to a building:1. Awnings or floor coverings;2. Appliances for refrigerating, ventilating,

cooking, dishwashing or laundering; or3. Outdoor equipment or furniture.

D. We will not pay on a Functional ReplacementCost basis for any loss or damage:

1. Until the lost or damaged property is actuallyrepaired or replaced; and

2. Unless the repairs or replacement are madeas soon as reasonably possible after the lossor damage.

E. We will not pay more for loss or damage on aFunctional Replacement Cost basis than theleast of:1. The Limit of Insurance applicable to the lost

or damaged property;2. The cost to replace, on the same premises,

the lost or damaged property with otherproperty used for the same purpose; or

3. The amount you actually spend that isnecessary to repair or replace the lost ordamaged property.

F. Other InsuranceYou may have other insurance covering thesame property as this insurance. This insuranceis primary and will not contribute with anyinsurance except for other FunctionalReplacement Cost Insurance.

FA-43192 (06/14) Page 1 of 2

LEAD EXCLUSION

LEAD EXCLUSION



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016




BUILDING AND PERSONAL PROPERTY COVERAGE FORMCONDOMINIUM ASSOCIATION COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORMBUILDERS RISK COVERAGE FORM

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORMBUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM

EXTRA EXPENSE COVERAGE FORMSTANDARD PROPERTY POLICY

The following supersedes and replaces any provisions of this policy to the contrary. This policy does not insureagainst loss or expense, including but not limited to the cost of defense for:

1. direct physical loss of or damage to Covered Property;2. expense to remove debris of Covered Property;

3. any actual loss of Business Income you sustain due to the “suspension” of your “operations” during any“period of restoration”;

4. any extra expense you incur during any “period of restoration”;

5. damages for the devaluation of property or for the taking, use or acquisition or interference with therights of others in property or air space;

6. any loss, cost or expense, including but not limited to fines or penalties, arising out of any governmentaldirection or request, or any private party or citizen action requiring, that an insured test for, monitor,clean up, remove, contain, treat, detoxify or neutralize lead; or

7. any litigation or administrative procedure in which an insured may be involved as a party;arising directly, indirectly, or in concurrence, or in any sequence with another cause of loss, out of actual, allegedor threatened existence, discharge, dispersal, release or escape of lead, whether or not such actual, alleged orthreatened existence, discharge, release or escape is sudden, accidental or gradual in nature or expected orintended from the standpoint of any insured.

This exclusion applies even if lead has a function in, or is used by you in your business, “operations”, premises,site or location.

This exclusion only applies if the insured structure(s) was built prior to 1980 and ahs a significant potential forlead loss exposure and has not undergone lead abatement.This exclusion does not apply to loss or expense arising out of heat, smoke or fumes from a “hostile fire” unlessthat “hostile fire” occurred or originated:

FA-43192 (06/14) Page 2 of 2

1. At the premises, site or location which is or was at any time used by or for any insured or others for thehandling, storage disposal, processing or treatment of “waste”, or

2. At any premises, site or location on which any insured or any contractors or subcontractors workingdirectly or indirectly on any insured’s behalf are performing operations to test for, monitor, cleanup,remove, contain, treat, detoxify, neutralize or in any way respond to, or assess the effects of lead.

“Hostile fire” means a fire, which becomes uncontrollable or breaks out from where it was intended to be."Waste" means any property intended to be disposed, recycled, reused or reclaimed by the owner or userthereof.


“Business Income” means the net income and continuing normal operating expenses, including payroll, thatwould have been earned or incurred but for the “suspension” of your “operations.” For manufacturing risks, NetIncome includes the net sales value of production."Operations" means your business activities occurring at the described premises."Period of restoration" means the period of time after the time of direct physical loss or damage at thedescribed premises, which ends when the property at the described premises is or should be repaired, rebuiltor replaced with reasonable speed and similar quality or when business is resumed at a new permanentlocation.“Suspension” means the slowdown or cessation of your business activities.




LOSS PAYABLE PROVISIONS

POLICY NUMBER: MCR D38042002 001 COMMERCIAL PROPERTYCP 12 18 10 12


LOSS PAYABLE PROVISIONS


BUILDERS' RISK COVERAGE FORMBUILDING AND PERSONAL PROPERTY COVERAGE FORMCONDOMINIUM ASSOCIATION COVERAGE FORMCONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORMSTANDARD PROPERTY POLICY

SCHEDULE

Location Number: Location1 Building Number: 1 Applicable Clause(Enter C.1., C.2., C.3. or C.4.): C.1., C.2., C.3., C.4

Description Of Property: VACANT BUILDING

Loss Payee Name: 213 West 28th Street LLC Tristate Equities Group

Loss Payee Address: 5 East 59th St., New York , NY, 10022

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


A. When this endorsement is attached to theStandard Property Policy CP 00 99, the termCoverage Part in this endorsement is replaced bythe term Policy.

B. Nothing in this endorsement increases theapplicable Limit of Insurance. We will not pay anyLoss Payee more than their financial interest in theCovered Property, and we will not pay more thanthe applicable Limit of Insurance on the CoveredProperty.

C. The following is added to the Loss Payment LossCondition, as indicated in the Declarations or inthe Schedule:1. Loss Payable Clause

For Covered Property in which both you and aLoss Payee shown in the Schedule or in theDeclarations have an insurable interest, wewill:a. Adjust losses with you; andb. Pay any claim for loss or damage jointly to

you and the Loss Payee, as interests mayappear

2. Lender's Loss Payable Clausea. The Loss Payee shown in the Schedule or

in the Declarations is a creditor, including amortgageholder or trustee, whose interestin Covered Property is established by suchwritten instruments as:

(1) Warehouse receipts;(2) A contract for deed;(3) Bills of lading;(4) Financing statements; or(5) Mortgages, deeds of trust, or security

agreements.b. For Covered Property in which both you

and a Loss Payee have an insurableinterest:

(1) We will pay for covered loss or damageto each Loss Payee in their order ofprecedence, as interests may appear.

(2) The Loss Payee has the right to receiveloss payment even if the Loss Payeehas started foreclosure or similar actionon the Covered Property.

(3) If we deny your claim because of youracts or because you have failed tocomply with the terms of the CoveragePart, the Loss Payee will still have theright to receive loss payment if the LossPayee:

(a) Pays any premium due under thisCoverage Part at our request if you

have failed to do so;(b) Submits a signed, sworn proof of

loss within 60 days after receivingnotice from us of your failure to doso; and

(c) Has notified us of any change inownership, occupancy or substantialchange in risk known to the LossPayee.

All of the terms of this Coverage Part willthen apply directly to the Loss Payee.

(4) If we pay the Loss Payee for any loss ordamage and deny payment to youbecause of your acts or because youhave failed to comply with the terms ofthis Coverage Part:

(a) The Loss Payee's rights will betransferred to us to the extent of theamount we pay; and

(b) The Loss Payee's rights to recoverthe full amount of the Loss Payee'sclaim will not be impaired.

At our option, we may pay to the LossPayee the whole principal on the debtplus any accrued interest. In this event,you will pay your remaining debt to us.

c. If we cancel this policy, we will give writtennotice to the Loss Payee at least:

(1) 10 days before the effective date ofcancellation if we cancel for yournonpayment of premium; or

(2) 30 days before the effective date ofcancellation if we cancel for any otherreason.

d. If we elect not to renew this policy, we willgive written notice to the Loss Payee atleast 10 days before the expiration date ofthis policy.

3. Contract Of Sale Clausea. The Loss Payee shown in the Schedule or

in the Declarations is a person ororganization you have entered into acontract with for the sale of CoveredProperty.

b. For Covered Property in which both youand the Loss Payee have an insurableinterest, we will:

(1) Adjust losses with you; and(2) Pay any claim for loss or damage jointly

to you and the Loss Payee, as interestsmay appear.

c. The following is added to the OtherInsurance Condition:


For Covered Property that is the subject ofa contract of sale, the word "you" includesthe Loss Payee.

4. Building Owner Loss Payable Clausea. The Loss Payee shown in the Schedule or

in the Declarations is the owner of thedescribed building in which you are atenant.

b. We will adjust losses to the describedbuilding with the Loss Payee. Any losspayment made to the Loss Payee willsatisfy your claims against us for theowner's property.

c. We will adjust losses to tenants'improvements and betterments with you,unless the lease provides otherwise.

FA-43191 (06/14) Page 1 of 1

MAINTENANCE OF HEAT CONDITION

MAINTENANCE OF HEAT CONDITIONNamed InsuredSuisu Sushi Inc.


Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016








It is a condition of this policy that the Insured shall maintain heat in the building(s) and other structure(s) coveredunder this policy under the control of the Insured to prevent freezing of plumbing, heating and/or fire protectivesystems. Failure to comply with this provision of the policy shall void coverage for loss or losses caused by orresulting from, directly or indirectly, the freezing of plumbing, heating and/or fire protective systems.

All other terms and conditions of this policy remain unchanged. This endorsement as a part of your policy andtakes effect on the effective date of your policy unless another effective date is shown.


FA-43199 (06/14) Page 1 of 2

MOLD, FUNGUS, BACTERIA, VIRUS OR ORGANIC PATHOGEN EXCLUSION

MOLD, FUNGUS, BACTERIA, VIRUS OR ORGANIC PATHOGEN EXCLUSION



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016





The following supersedes the terms and conditions of this policy. This policy does not insure against loss orexpense, including but not limited to the cost of defense for:

1) direct physical loss of or damage to Covered Property,2) your expense to remove debris of Covered Property,

3) any actual loss of Business Income you sustain due to the suspension of your “operations” during any“period of restoration”,

4) any extra expense you incur during any “period of restoration”,

5) damages for the devaluation of property or for the taking, use or acquisition or interference with the rightsof others in property or air space,

6) any loss, cost or expense, including but not limited to fines and penalties, arising out of any governmentaldirection or request, or any private party or citizen action requiring, that you test for, monitor, clean up,remove, contain, treat, detoxify or neutralize “organic pathogens”, or

7) to any litigation or administrative procedure in which an insured may be involved as a party;arising directly, indirectly, or in concurrence, or in any sequence with another case of loss, out of actual, allegedor threatened existence, discharge, dispersal, release or escape of “organic pathogens”, whether or not suchactual, alleged or threatened existence, discharge, dispersal, release or escape is sudden, accidental or gradualin nature.

This exclusion applies even if such mold, fungus, bacteria, virus or “organic pathogen” has a function in, or isused by you in your business, operations, premises, site or location.“Organic pathogen” means any organic irritant or contaminant, including but not limited to mold, fungus, bacteriaor virus, including but not limited to their byproduct such as mycotoxin, mildew, or biogenic aerosol.


“Business Income” means the net income and continuing normal operating expenses, including payroll,that would have been earned or incurred but for the “suspension” of your “operations.” For manufacturingrisks, Net Income includes the net sales value of production.

"Operations" means your business activities occurring at the described premises.

FA-43199 (06/14) Page 2 of 2

"Period of restoration" means the period of time after the time of direct physical loss or damage at thedescribed premises, which ends when the property at the described premises is or should be repaired,rebuilt or replaced with reasonable speed and similar quality or when business is resumed at a newpermanent location.

“Suspension” means the slowdown or cessation of your business activities.




IL 02 68 01 14

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.NEW YORK CHANGES – CANCELLATION AND NONRENEWAL

NEW YORK CHANGES – CANCELLATIONAND NONRENEWAL


CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL INLAND MARINE COVERAGE PARTCOMMERCIAL PROPERTY COVERAGE PARTCRIME AND FIDELITY COVERAGE PARTEQUIPMENT BREAKDOWN COVERAGE PARTFARM COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraphs 1., 2., 3. and 5. of the CancellationCommon Policy Condition are replaced by thefollowing:1. The first Named Insured shown in the

Declarations may cancel this entire policy bymailing or delivering to us advance writtennotice of cancellation.

2. Cancellation Of Policies In Effecta. 60 Days Or Less

We may cancel this policy by mailing ordelivering to the first Named Insured writtennotice of cancellation at least:

(1) 30 days before the effective date ofcancellation if we cancel for any reasonnot included in Paragraph A.2.b. below.

(2) 15 days before the effective date ofcancellation if we cancel for any of thereasons included in Paragraph A.2.b.below.

b. For More Than 60 DaysIf this policy has been in effect for morethan 60 days, or if this policy is a renewal orcontinuation of a policy we issued, we maycancel only for any of the reasons listedbelow, provided we mail the first NamedInsured written notice at least 15 daysbefore the effective date of cancellation:

(1) Nonpayment of premium, providedhowever, that a notice of cancellation onthis ground shall inform the first NamedInsured of the amount due;

(2) Conviction of a crime arising out of actsincreasing the hazard insured against;

(3) Discovery of fraud or materialmisrepresentation in the obtaining of thepolicy or in the presentation of a claim;

(4) After issuance of the policy or after thelast renewal date, discovery of an act oromission, or a violation of any policycondition, that substantially andmaterially increases the hazard insuredagainst, and which occurred subsequentto inception of the current policy period;

(5) Material physical change in the propertyinsured, occurring after issuance or lastannual renewal anniversary date of thepolicy, which results in the propertybecoming uninsurable in accordancewith our objective, uniformly appliedunderwriting standards in effect at thetime the policy was issued or lastrenewed; or material change in thenature or extent of the risk, occurringafter issuance or last annual renewalanniversary date of the policy, whichcauses the risk of loss to besubstantially and materially increasedbeyond that contemplated at the timethe policy was issued or last renewed;

(6) Required pursuant to a determination bythe Superintendent that continuation ofour present premium volume wouldjeopardize our solvency or behazardous to the interest of ourpolicyholders, our creditors or the public;

of 5 © Insurance Services Office, Inc., 2013 IL 02 68 01 14

(7) A determination by the Superintendentthat the continuation of the policy wouldviolate, or would place us in violation of,any provision of the Insurance Code; or

(8) Where we have reason to believe, ingood faith and with sufficient cause, thatthere is a probable risk of danger thatthe insured will destroy, or permit to bedestroyed, the insured property for thepurpose of collecting the insuranceproceeds. If we cancel for this reason,you may make a written request to theDepartment of Financial Services, within10 days of receipt of this notice, toreview our cancellation decision. Also,we will simultaneously send a copy ofthis cancellation notice to theDepartment of Financial Services.

3. We will mail or deliver our notice, including thereason for cancellation, to the first NamedInsured at the address shown in the policy andto the authorized agent or broker.

5. If this policy is cancelled, we will send the firstNamed Insured any premium refund due. If wecancel, the refund will be pro rata. If the firstNamed Insured cancels, the refund may beless than pro rata.However, when the premium is advancedunder a premium finance agreement, thecancellation refund will be pro rata. Under suchfinanced policies, we will be entitled to retain aminimum earned premium of 10% of the totalpolicy premium or $60, whichever is greater.The cancellation will be effective even if wehave not made or offered a refund.

B. The following is added to the CancellationCommon Policy Condition:7. If one of the reasons for cancellation in

Paragraph A.2.b. or D.2.b.(2) exists, we maycancel this entire policy, even if the reason forcancellation pertains only to a new coverage orendorsement initially effective subsequent tothe original issuance of this policy.

C. The following conditions are added:1. Nonrenewal

If we decide not to renew this policy we willsend notice as provided in Paragraph C.3.below.

2. Conditional RenewalIf we conditionally renew this policy subject to:a. A change of limits;

b. A change in type of coverage;c. A reduction of coverage;d. An increased deductible;e. An addition of exclusion; orf. Increased premiums in excess of 10%,

exclusive of any premium increase due toand commensurate with insured valueadded or increased exposure units; or as aresult of experience rating, loss rating,retrospective rating or audit;

we will send notice as provided in ParagraphC.3. below.

3. Notices Of Nonrenewal And ConditionalRenewala. If we decide not to renew this policy or to

conditionally renew this policy as providedin Paragraphs C.1. and C.2. above, we willmail or deliver written notice to the firstNamed Insured shown in the Declarationsat least 60 but not more than 120 daysbefore:

(1) The expiration date; or(2) The anniversary date if this is a

continuous policy.b. Notice will be mailed or delivered to the first

Named Insured at the address shown in thepolicy and to the authorized agent orbroker. If notice is mailed, proof of mailingwill be sufficient proof of notice.

c. Notice will include the specific reason(s) fornonrenewal or conditional renewal,including the amount of any premiumincrease for conditional renewal anddescription of any other changes.

d. If we violate any of the provisions ofParagraph C.3.a., b. or c. above by sendingthe first Named Insured an incomplete orlate conditional renewal notice or a latenonrenewal notice:

(1) And if notice is provided prior to theexpiration date of this policy, coveragewill remain in effect at the same termsand conditions of this policy at the lowerof the current rates or the prior period'srates until 60 days after such notice ismailed or delivered, unless the firstNamed Insured, during this 60-dayperiod, has replaced the coverage orelects to cancel;


(2) And if the notice is provided on or afterthe expiration date of this policy,coverage will remain in effect at thesame terms and conditions of this policyfor another policy period, at the lower ofthe current rates or the prior period'srates, unless the first Named Insured,during this additional policy period, hasreplaced the coverage or elects tocancel.

e. If you elect to renew on the basis of a lateconditional renewal notice, the terms,conditions and rates set forth in such noticeshall apply:

(1) Upon expiration of the 60-day period,unless Subparagraph (2) below applies;or

(2) Notwithstanding the provisions inParagraphs d.(1) and d.(2), as of therenewal date of the policy if theconditional renewal notice was sent atleast 30 days prior to the expiration oranniversary date of the policy.

f. We will not send you notice of nonrenewalor conditional renewal if you, yourauthorized agent or broker or anotherinsurer of yours mails or delivers notice thatthe policy has been replaced or is no longerdesired.

D. The following provisions apply when theCommercial Property Coverage Part, the FarmCoverage Part or the Capital Assets Program(Output Policy) Coverage Part is made a part ofthis policy:1. Items D.2. and D.3. apply if this policy meets

the following conditions:a. The policy is issued or issued for delivery in

New York State covering property locatedin this state; and

b. The policy insures:(1) For loss of or damage to structures,

other than hotels or motels, usedpredominantly for residential purposesand consisting of no more than fourdwelling units; or

(2) For loss of or damage to personalproperty other than farm personalproperty or business property; or

(3) Against damages arising from liability forloss of, damage to or injury to personsor property, except liability arising frombusiness or farming; and

c. The portion of the annual premiumattributable to the property andcontingencies described in 1.b. exceeds theportion applicable to other property andcontingencies.

2. Paragraph 2. of the Cancellation CommonPolicy Condition is replaced by the following:2. Procedure And Reasons For

Cancellationa. We may cancel this entire policy by

mailing or delivering to the first NamedInsured written notice of cancellation atleast:

(1) 15 days before the effective date ofcancellation if we cancel fornonpayment of premium, providedhowever, that a notice of cancellationon this ground shall inform the firstNamed Insured of the amount due;or

(2) 30 days before the effective date ofcancellation if we cancel for anyother reason.

b. But if this policy:(1) Has been in effect for more than 60

days; or(2) Is a renewal of a policy we issued;we may cancel this policy only for one ormore of the following reasons:

(1) Nonpayment of premium, providedhowever, that a notice of cancellationon this ground shall inform the firstNamed Insured of the amount due;

(2) Conviction of a crime arising out ofacts increasing the risk of loss;

(3) Discovery of fraud or materialmisrepresentation in obtaining thepolicy or in making a claim;

(4) Discovery of willful or reckless actsor omissions increasing the risk ofloss;

(5) Physical changes in the coveredproperty that make that propertyuninsurable in accordance with ourobjective and uniformly appliedunderwriting standards in effectwhen we:

(a) Issued the policy; or(b) Last voluntarily renewed the

policy;

of 5 © Insurance Services Office, Inc., 2013 IL 02 68 01 14

(6) The Superintendent of FinancialServices' determination thatcontinuing the policy would violateChapter 28 of the Insurance Law; or

(7) Required pursuant to adetermination by the Superintendentof Financial Services that thecontinuation of our present premiumvolume would be hazardous to theinterests of our policyholders, ourcreditors or the public.

3. The following are added:a. Conditional Continuation

Instead of cancelling this policy, we maycontinue it on the condition that:

(1) The policy limits be changed; or(2) Any coverage not required by law be

eliminated.If this policy is conditionally continued, wewill mail or deliver to the first NamedInsured written notice at least 20 daysbefore the effective date of the change orelimination. We will mail or deliver ournotice to the first Named Insured's lastmailing address known to us. If notice ismailed, proof of mailing will be sufficientproof of notice. Delivery of the notice will bethe same as mailing.

b. NonrenewalIf, as allowed by the laws of New YorkState, we:

(1) Do not renew this policy; or(2) Condition policy renewal upon:

(a) Change of limits; or(b) Elimination of coverage;

we will mail or deliver written notice ofnonrenewal or conditional renewal:

(a) At least 45 days; but(b) Not more than 60 days;

before the expiration date of the policy. Wewill mail or deliver our notice to the firstNamed Insured's last mailing addressknown to us. If notice is mailed, proof ofmailing will be sufficient proof of notice.Delivery of the notice will be the same asmailing.

E. The following is added to the Farm Property –Other Farm Provisions Form – AdditionalCoverages, Conditions, Definitions, theCommercial Property Coverage Part and theCapital Assets Program (Output Policy) CoveragePart:When the property is subject to the Anti-arsonApplication in accordance with New YorkDepartment of Financial Services' InsuranceRegulation No. 96, the following provisions areadded:If you fail to return the completed, signed andaffirmed anti-arson application to us:1. Or our broker or agent within 45 days of the

effective date of a new policy, we will cancelthe entire policy by giving 20 days' writtennotice to you and to the mortgageholder shownin the Declarations.

2. Before the expiration date of any policy, we willcancel the policy by giving written notice to youand to the mortgageholder shown in theDeclarations at least 15 days before theeffective date of cancellation.

The cancellation provisions set forth in E.1. andE.2. above supersede any contrary provisions inthis policy including this endorsement.If the notice in E.1. or E.2. above is mailed, proofof mailing will be sufficient proof of notice. Deliveryof the notice will be the same as mailing.

F. The following applies to the Commercial PropertyCoverage Part, the Farm Coverage Part and theCapital Assets Program (Output Policy) CoveragePart:Paragraphs f. and g. of the MortgageholdersCondition are replaced by the following:

f. Cancellation(1) If we cancel this policy, we will give

written notice to the mortgageholder atleast:

(a) 10 days before the effective date ofcancellation if we cancel for yournonpayment of premium; or

(b) 30 days before the effective date ofcancellation if we cancel for anyother reason.


(2) If you cancel this policy, we will givewritten notice to the mortgageholder.With respect to the mortgageholder'sinterest only, cancellation will becomeeffective on the later of:

(a) The effective date of cancellation ofthe insured's coverage; or

(b) 10 days after we give notice to themortgageholder.

g. Nonrenewal(1) If we elect not to renew this policy, we

will give written notice to themortgageholder at least 10 days beforethe expiration date of this policy.

(2) If you elect not to renew this policy, wewill give written notice to themortgageholder. With respect to themortgageholder's interest only,nonrenewal will become effective on thelater of:

(a) The expiration date of the policy; or(b) 10 days after we give notice to the

mortgageholder.

G. The following provisions apply when the followingare made a part of this policy:Commercial General Liability Coverage PartEmployment-Related Practices Liability CoveragePartFarm Liability Coverage FormLiquor Liability Coverage PartProducts/Completed Operations Liability CoveragePart1. The aggregate limits of this policy as shown in

the Declarations will be increased in proportionto any policy extension provided in accordancewith Paragraph C.3.d. above.

2. The last sentence of Limits Of Insurance doesnot apply when the policy period is extendedbecause we sent the first Named Insured anincomplete or late conditional renewal notice ora late nonrenewal notice.



THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.NEW YORK CHANGES – PREMIUM AUDIT

NEW YORK CHANGES – PREMIUM AUDITThis endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTPRODUCT WITHDRAWAL COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraph b. of the Premium Audit ConditionSection IV is replaced by the following:PREMIUM AUDIT

b. Premium shown in this Coverage Part asadvance premium is a deposit premiumonly. At the close of each audit period wewill compute the earned premium for thatperiod and send notice to the first NamedInsured. The due date for audit and retro-spective premiums is the date shown asthe due date on the bill. An audit to deter-mine the final premium due or to be re-funded will be completed within 180 daysafter the expiration date of the policy. Butthe audit may be waived if the total annualpremium attributable to the auditable ex-posure base is not reasonably expected toexceed $1500. If the sum of the advanceand audit premiums paid for the policyterm is greater than the earned premium,we will return the excess to the firstNamed Insured.

B. Except as provided in Paragraph A. above, theExamination Of Your Books And RecordsCommon Policy Condition continues to apply.


COMMERCIAL GENERAL LIABILITY


NEW YORK CHANGES – TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP

NEW YORK CHANGES – TRANSFER OFDUTIES WHEN A LIMIT OF INSURANCE IS USED UP



The following Condition is added to COMMERCIALGENERAL LIABILITY CONDITIONS (Section IV):Transfer of Duties When a Limit of Insurance IsUsed Up.a. If we conclude that, based on "occurrences,"

offenses, claims or "suits" which have been re-ported to us and to which this insurance mayapply, the:(1) General Aggregate Limit (other than the

Products/Completed Operations AggregateLimit);

(2) Products/Completed Operations AggregateLimit;

(3) Personal and Advertising Injury Limit;(4) Each Occurrence Limit; or(5) Fire Damage Limitis likely to be used up in the payment of judg-ments or settlements, we will notify the firstNamed Insured, in writing, to that effect.

b. When a limit of insurance described in para-graph a. above has actually been used up in thepayment of judgments or settlements:(1) We will notify the first Named Insured, in

writing, as soon as practicable, that:(a) Such a limit has actually been used up;

and(b) Our duty to defend "suits" seeking dam-

ages subject to that limit has also ended.(2) We will initiate, and cooperate in, the trans-

fer of control, to any appropriate insured, ofall claims and "suits" seeking damageswhich are subject to that limit and which arereported to us before that limit is used up.That insured must cooperate in the transferof control of said claims and "suits".

We agree to take such steps, as we deemappropriate, to avoid a default in, or continuethe defense of, such "suits" until such trans-fer is completed, provided the appropriate in-sured is cooperating in completing suchtransfer.We will take no action whatsoever with re-spect to any claim or "suit" seeking damagesthat would have been subject to that limit,had it not been used up, if the claim or"suit" is reported to us after that limit of in-surance has been used up.

(3) The first Named Insured, and any other in-sured involved in a "suit" seeking damagessubject to that limit, must arrange for the de-fense of such "suit" within such time periodas agreed to between the appropriate in-sured and us. Absent any such agreement,arrangements for the defense of such "suit"must be made as soon as practicable.

c. The first Named Insured will reimburse us forexpenses we incur in taking those steps wedeem appropriate in accordance with paragraphb.(2) above.The duty of the first Named Insured to reim-burse us will begin on:(1) The date on which the applicable limit of in-

surance is used up, if we sent notice in ac-cordance with paragraph a. above; or

(2) The date on which we sent notice in accord-ance with paragraph b.(1) above, if we didnot send notice in accordance with para-graph a. above.

d. The exhaustion of any limit of insurance by thepayments of judgments or settlements, and theresulting end of our duty to defend, will not beaffected by our failure to comply with any ofthe provisions of this Condition.

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

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form)

IL 00 21 09 08


NUCLEAR ENERGY LIABILITY EXCLUSIONENDORSEMENT

(Broad Form)


COMMERCIAL AUTOMOBILE COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PARTFARM COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTMEDICAL PROFESSIONAL LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTUNDERGROUND STORAGE TANK POLICY

1. The insurance does not apply:A. Under any Liability Coverage, to "bodily injury"

or "property damage":(1) With respect to which an "insured" under

the policy is also an insured under a nucle-ar energy liability policy issued by NuclearEnergy Liability Insurance Association, Mu-tual Atomic Energy Liability Underwriters,Nuclear Insurance Association of Canadaor any of their successors, or would be aninsured under any such policy but for itstermination upon exhaustion of its limit of li-ability; or

(2) Resulting from the "hazardous properties"of "nuclear material" and with respect towhich (a) any person or organization is re-quired to maintain financial protection pur-suant to the Atomic Energy Act of 1954, orany law amendatory thereof, or (b) the "in-sured" is, or had this policy not been issuedwould be, entitled to indemnity from theUnited States of America, or any agencythereof, under any agreement entered intoby the United States of America, or anyagency thereof, with any person or organi-zation.

B. Under any Medical Payments coverage, toexpenses incurred with respect to "bodily inju-ry" resulting from the "hazardous properties" of"nuclear material" and arising out of the opera-tion of a "nuclear facility" by any person or or-ganization.

C. Under any Liability Coverage, to "bodily injury"or "property damage" resulting from "hazard-ous properties" of "nuclear material", if:

(1) The "nuclear material" (a) is at any "nuclearfacility" owned by, or operated by or on be-half of, an "insured" or (b) has been dis-charged or dispersed therefrom;

(2) The "nuclear material" is contained in"spent fuel" or "waste" at any time pos-sessed, handled, used, processed, stored,transported or disposed of, by or on behalfof an "insured"; or

(3) The "bodily injury" or "property damage"arises out of the furnishing by an "insured"of services, materials, parts or equipment inconnection with the planning, construction,maintenance, operation or use of any "nu-clear facility", but if such facility is locatedwithin the United States of America, its terri-tories or possessions or Canada, this ex-clusion (3) applies only to "property dam-age" to such "nuclear facility" and anyproperty thereat.

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

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

"Source material", "special nuclear material", and"by-product material" have the meanings giventhem in the Atomic Energy Act of 1954 or in anylaw amendatory thereof."Spent fuel" means any fuel element or fuel com-ponent, solid or liquid, which has been used or ex-posed to radiation in a "nuclear reactor"."Waste" means any waste material (a) containing"by-product material" other than the tailings orwastes produced by the extraction or concentra-tion of uranium or thorium from any ore processedprimarily for its "source material" content, and (b)resulting from the operation by any person or or-ganization of any "nuclear facility" included underthe first two paragraphs of the definition of "nucle-ar facility"."Nuclear facility" means:

(a) Any "nuclear reactor";(b) Any equipment or device designed or used

for (1) separating the isotopes of uranium orplutonium, (2) processing or utilizing "spentfuel", or (3) handling, processing or packag-ing "waste";

(c) Any equipment or device used for the pro-cessing, fabricating or alloying of "specialnuclear material" if at any time the totalamount of such material in the custody ofthe "insured" at the premises where suchequipment or device is located consists ofor contains more than 25 grams of plutoni-um or uranium 233 or any combinationthereof, or more than 250 grams of uranium235;

(d) Any structure, basin, excavation, premisesor place prepared or used for the storage ordisposal of "waste";

and includes the site on which any of the foregoingis located, all operations conducted on such siteand all premises used for such operations."Nuclear reactor" means any apparatus designedor used to sustain nuclear fission in a self-supporting chain reaction or to contain a criticalmass of fissionable material."Property damage" includes all forms of radioac-tive contamination of property.

FA-43193 (06/14) Page 1 of 4

PROTECTIVE DEVICES OR SERVICES PROVISIONS

PROTECTIVE DEVICES OR SERVICES PROVISIONS



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016








The following is added to the policy:

A. Protective Safeguards1. As a condition of this insurance, you are required to have and maintain the protective safeguards at the

premises and buildings listed in the Schedule below.

SCHEDULE

PremisesNumber

BuildingNumber

ProtectiveSafeguardApplicable

All All P-11All All P-19Locations shown in the declarations to becovered by Cause of loss – Special form

Locations shown in the declarations to becovered by Cause of loss – Special form

P-22

Locations on the policy shown in thedeclarations to be covered by Cause ofloss – Special form


P-23

Locations on the policy shown in thedeclarations to be covered by Cause ofloss – Special form


P-24

FA-43193 (06/14) Page 2 of 4

2. The protective safeguards to which this endorsement applies are identified by the following symbols:a. P-1 Automatic Sprinkler System, including related supervisory services. “Automatic Sprinkler

System” means:1) Any automatic fire protective or extinguishing system, including connected:

(a) Sprinklers and discharge nozzles;(b) Ducts, pipes, valves and fittings;(c) Tanks, their component parts and supports; and(d) Pumps and private fire protection mains.

2) When supplied from an automatic fire protective system:(a) Non-automatic fire protective systems; and(b) Hydrants, standpipes and outlets.

b. P-2 Automatic Fire Alarm, protecting the entire building, that is:1) Connected to a central station; or2) Reporting to a public or private fire alarm station.

c. P-3 Security Service, with a recording system or watch clock, making hourly rounds covering theentire building, when the premises are not in actual operation.

d. P-4 Service Contract with a privately owned fire department providing fire protection service to thedescribed premises.

e. P-5 Functioning and operational smoke/heat detectors in all units or occupancies.f. P-6 All Electric is on functioning and operational circuit breakers.g. P-7 Functioning and operational central station burglar alarms with a monitoring contract.h. P-8 Functioning and operational surge protectors on all computer and audio-video equipment.i. P-9 Refrigeration maintenance contract on all refrigeration equipment.j. P-10 Functioning and operational automatic fire suppression system per NFPA 96 on all cooking

equipment.k. P-11 Vacant section(s) secured and locked.l. P-12 No candles left burning unattended in the building.m. P-13 Construction site perimeter is protected with a locked fence.n. P-14 Watchman on premises when work not being conducted at the construction site.o. P-15 Any item on a display rack with a sales price of $250 or more must be affixed with a security

sensor or chained and locked to a rack.p. P-16 The building is protected from lightning with an approved NFPA 780 installation.q. P-17 Flammable liquids must be stored in NFPA #30 approved cabinets.r. P-18 No smoking signs must be posted and enforced.s. P-19 No structural work on the load bearing members of the building.t. P-20 Spray booth is installed with UL approved fixtures, lighting and electrical

outlets according to NFPA 33.u. P-21 The protective system described in the schedule.v. P-22 100% of plumbing pipes are PVC or Copper.w. P-23 Building roof has been recoated or completely replaced in the past 10 years for flat roofs or if

the roof is pitched it is less than 20 years old.x. P-24 All heating, venting and air conditioning systems on premises have been updated in the past 25

years.

FA-43193 (06/14) Page 3 of 4

3. The following is added to the EXCLUSIONS section of:a. Causes of Loss – Basic Formb. Causes of Loss – Broad Formc. Causes of Loss – Special Formd. Standard Property Policy

With respect to P-1, P-2, P-3, P-4, P-5, P-6, P-8, P-10, P-11, P-12, P-16, P-17, P-18 and P-20 we willnot pay for loss or damage caused by or resulting from fire if, prior to the fire, you:

(1) Knew of any suspension or impairment in any protective safeguard listed in the Schedule aboveand failed to notify us of that fact; or

(2) Failed to maintain any protective safeguard listed in the Schedule above, and over which you hadcontrol, in complete working order.

You are required to notify us if part of an Automatic Sprinkler System is shut off due to breakage,leakage, freezing conditions or opening of sprinkler heads for more than 48 hours. Such notification willnot be necessary if you are able to restore operation of the Automatic Sprinkler System within 48 hours.

With respect to P-3, P-7, P-11, P-13, P-14 and P-15, we will not pay for loss or damage caused by orresulting from vandalism, burglary, theft or any other act of stealing if, prior to the vandalism, burglary,theft or any other act of stealing, you:



With respect to P-6 and P-8 we will not pay for loss or damage caused by or resulting from equipmentbreakdown, electrical disturbance or expediting expenses as a result of an electrical disturbance if, priorto the equipment breakdown you:



With respect to P-9 we will not pay for loss or damage caused by or resulting from equipmentbreakdown, spoilage, or expediting expenses as a result of spoilage if, prior to the equipmentbreakdown you:



With respect to P-19 we will not pay for loss or damage caused by or resulting from collapse.

With respect to P-21 we will not pay for loss or damage caused by or resulting from fire, vandalism,burglary, theft or any other act of stealing, equipment breakdown, electrical disturbance or expeditingexpenses as a result of an electrical disturbance, spoilage, or expediting expenses as a result ofspoilage, as applicable, if you:

FA-43193 (06/14) Page 4 of 4



With respect to P-22, P-23 and P-24 if these conditions are not met in their entirety, the cause of losswill be amended to Basic cause of loss and the building valuation will be amended to Actual Cash Value;regardless of what is shown in the policy declarations.



LD-43204 (06/14) Page 1 of 1

SECURED VACANT BUILDING CONDITION

SECURED VACANT BUILDING CONDITION



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016





The following condition is added the policy:

As a condition of this insurance, you must provide, on a continuing basis, that all buildings on any premises towhich this insurance applies are locked with all windows and doors intact and/or all boarded up, and fullysecured and protected from unauthorized entry at all times during the policy period.




SL-34255 (09/11)

SERVICE OF SUIT ENDORSEMENTNamed InsuredSuisu Sushi Inc.


Policy SymbolGPP

Policy NumberMCR D38042002001

Policy Period01/25/2016 to 04/25/2016





Information about service of suits upon the company is given below. Service of process of suits against the company maybe made upon the following person, or another person the company may designate:

Saverio Rocca, Assistant General CounselACE Group of Insurance Companies436 Walnut StreetPhiladelphia, PA 19106-3703

The person named above is authorized and directed to accept service of process on the company's behalf in any action,suit or proceeding instituted against the company. If the insured requests, the company will give the insured a writtenpromise that a general appearance will be entered on the company's behalf if a suit is brought.

If the insured requests, the company will submit to the jurisdiction of any court of competent jurisdiction. The company willaccept the final decision of that court or any Appellate Court in the event of an appeal. However, nothing in thisendorsement constitutes a waiver of company’s right to remove an action to a United States District Court, or to seek atransfer of a case to another court as permitted by the laws of the United States or of any state in the United States.

The law of some jurisdictions of the United States of America requires that the Superintendent, Commissioner or Directorof Insurance (or their successor in office) be designated as the company's agent for service of process. In thesejurisdictions, the company designates the Director of Insurance as the company's true and lawful attorney upon whomservice of process on the company's behalf may be made. The company also authorizes the Director of Insurance to mailprocess received on the company's behalf to the company person named above.

If the insured is a resident of Canada, the insured may also serve suit upon the company by serving the governmentofficial designated by the law of the insured's province.

NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS,CONDITIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN

AS ABOVE STATED.

CP 10 56 06 07 © ISO Properties, Inc., 2007 Page 1 of 2

SPRINKLER LEAKAGE EXCLUSION

POLICY NUMBER: MCR D38042002 001 COMMERCIAL PROPERTYCP 10 56 06 07


SPRINKLER LEAKAGE EXCLUSIONThis endorsement modifies insurance provided under the following:

CAUSES OF LOSS – BASIC FORMCAUSES OF LOSS – BROAD FORMCAUSES OF LOSS – SPECIAL FORM

SCHEDULE

Premises Number Building Number213 West 28th Street,New York,NY,10001 213 West 28th Street,New York,NY,10001

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

With respect to the location(s) indicated in the Sched-ule, the following provisions apply.A. The following is added to the Exclusions section

and is therefore not a Covered Cause of Loss:SPRINKLER LEAKAGESprinkler Leakage, meaning leakage or dischargeof any substance from an Automatic Sprinkler Sys-tem, including collapse of a tank that is part of thesystem.But if Sprinkler Leakage results in a CoveredCause of Loss, we will pay for the loss or damagecaused by that Covered Cause of Loss.

B. Under Exclusion 1.g., Water, the last paragraph isreplaced by the following:But if Water, as described in the paragraphsabove, results in fire or explosion, we will pay forthe loss or damage caused by that fire or explo-sion.

C. Exclusions 2.b. and 2.c. in the Causes Of Loss –Basic Form are replaced by the following:We will not pay for loss or damage caused by orresulting from:

b. Rupture or bursting of water pipes unlesscaused by a Covered Cause of Loss.

c. Leakage or discharge of water or steamfrom any part of a system or appliance con-taining water or steam, unless the leakageor discharge occurs because the system orappliance was damaged by a CoveredCause of Loss. But we will not pay for lossor damage caused by or resulting from con-tinuous or repeated seepage or leakage of

water, or the presence or condensation ofhumidity, moisture or vapor, that occursover a period of 14 days or more.

D. Under Additional Coverage – Collapse, in theCauses Of Loss – Broad Form, leakage from fireextinguishing equipment is deleted from Para-graph 2.a.

E. Exclusion 2.g., in the Causes Of Loss – SpecialForm, is replaced by the following:We will not pay for loss or damage caused by orresulting from water, other liquids, powder or mol-ten material that leaks or flows from plumbing,heating, air conditioning or other equipmentcaused by or resulting from freezing, unless:

(1) You do your best to maintain heat in thebuilding or structure; or

(2) You drain the equipment and shut offthe supply if the heat is not maintained.

F. Under Limitations in the Causes Of Loss – Spe-cial Form, Item 4. is replaced by the following:4. We will not pay the cost to repair any defect to

a system or appliance from which water, otherliquid, powder or molten material escapes. Butwe will pay the cost to repair or replace dam-aged parts of fire extinguishing equipment if:a. The damage is directly caused by freezing;

andb. You do your best to maintain heat in the

building or structure, or you drain theequipment and shut off the supply if theheat is not maintained.

However, this limitation does not apply to Busi-

of 2 © ISO Properties, Inc., 2007 CP 10 56 06 07

ness Income Coverage or to Extra ExpenseCoverage.

G. In the Causes Of Loss – Special Form, leakage

from fire extinguishing equipment is deleted fromthe "specified causes of loss".

ALL-21101 (11/06) Page 1 of 1

TRADE OR ECONOMIC SANCTIONS ENDORSEMENT

TRADE OR ECONOMIC SANCTIONS ENDORSEMENT



Policy SymbolGPP


Policy Period01/25/2016 to 04/25/2016




This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibitus from providing insurance, including, but not limited to, the payment of claims. All other terms and conditions ofthe policy remain unchanged.

Authorized Agent


WATER EXCLUSION ENDORSEMENT



WATER EXCLUSION ENDORSEMENT


COMMERCIAL PROPERTY COVERAGE PARTSTANDARD PROPERTY POLICY

A. The exclusion in Paragraph B. replaces the WaterExclusion in this Coverage Part or Policy.

B. Water1. Flood, surface water, waves (including tidal

wave and tsunami), tides, tidal water, overflowof any body of water, or spray from any ofthese, all whether or not driven by wind(including storm surge);

2. Mudslide or mudflow;3. Water that backs up or overflows or is

otherwise discharged from a sewer, drain,sump, sump pump or related equipment;

4. Water under the ground surface pressing on,or flowing or seeping through:a. Foundations, walls, floors or paved

surfaces;b. Basements, whether paved or not; or

c. Doors, windows or other openings; or5. Waterborne material carried or otherwise

moved by any of the water referred to inParagraph 1., 3. or 4., or material carried orotherwise moved by mudslide or mudflow.

This exclusion applies regardless of whether anyof the above, in Paragraphs 1. through 5., iscaused by an act of nature or is otherwise caused.An example of a situation to which this exclusionapplies is the situation where a dam, levee,seawall or other boundary or containment systemfails in whole or in part, for any reason, to containthe water.But if any of the above, in Paragraphs 1. through5., results in fire, explosion or sprinkler leakage,we will pay for the loss or damage caused by thatfire, explosion or sprinkler leakage (if sprinklerleakage is a Covered Cause of Loss).

illinois union insurance company commercial package a.m

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