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HomeMy WebLinkAboutC-4951 - Community Program Agreement for Recreational and Enrichment ClassesCITY OF NEWPORT BEACH COMMUNITY PROGRAM AGREEMENT FOR RECREATIONAL & ENRICHMENT CLASSES OFFERED BY FOR NEWPORT ELEMENTARY SCHOOL FOUNDATION This Agreement is made and entered into as of this day of August 2011 by and between the City of Newport Beach, California, a Municipal Corporation and Charter \ City ( "City "), and Newport Elementary School Foundation, a California nonprofit public benefit corporation ( "NESF ") to provide classes taught by Independent Recreation Contractors (Contractor) for school year 2011 -2012 at Newport Elementary School, 1327 West Balboa Boulevard, Newport Beach, CA 92663 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30 day of June 2012 unless terminated earlier as provided herein. 2. PRICING OF ENRICHMENT CLASSES • City will add a 32% overhead fee of the rate requested by the instructor to be charged to an individual participant. • NESF will receive 7% of the 32% overhead fee within 30 days after the end of each quarter. NESF is required to use direct deposit for payments made from the City pursuant to this Agreement. 3. DUTIES OF CITY A. City has a Joint Use Agreement with the Newport-Mesa Unified School District for use of facilities to provide community enrichment programs. B. All City Independent Contractors that will provide programming for the afterschool programs at Newport Elementary School shall adhere to Attachment A — Independent Contractor Agreement. In summary, the Independent Contractors will be required to: 1. Provide insurance. 2. Obtain a City business license. 3. Pay for fingerprinting /background check. 4. Pay payroll taxes, if applicable. 5. Develop program curriculum. 6. Class Management - check in /out participants & working with parents. C. Registration. City shall register all participants for classes and shall collect all enrollment fees before the first class date. NESF shall not accept enrollment fees directly from any participant. City shall collect registration information in person at City Hall (3300 Newport Boulevard), online, fax and /or mail. Newport Beach and Newport Elementary School Foundation Page 1 D. Publicity. City shall provide publicity with an exclusive digital Newport Elementary Quarterly Catalog specifically designed for NESF. Programs will not be included in any other City publication unless otherwise noted. The City agrees to provide a fall 2011 printed version of the catalog for all students of Newport Elementary School. E. Refund Processing. City shall provide refunds to participants when the Class is canceled by the City. Class will be cancelled if there are less than five (5) participants. No refunds will be given once the class has met for the second time. F. City can contract with new contractors to provide recreation classes at Newport Elementary School. G. City is required to complete background checks on all City Independent Contractors and /or sub - contractors by Newport Beach Police Department & Department of Justice. City monitors Contractors /sub - contractors for criminal activity on a ongoing basis (please see Attachment A for specific details) H. City provides class audits by City staff. I. City shall provide an "Online Participant Survey' that will be sent to the parent for each class session upon completion. J. The City will meet bi- monthly with NESF Board Liaison. K. City staff will work NESF Board Liaison in developing courses on a quarterly basis. L. City will work with Contractors and NESF to develop at least one performance /show for school year 2011 -2012. M. City will provide surfing, sailing and aquatic classes close to Newport Elementary School. N. Newport Elementary students will receive priority registration. O. City will set all class fees based on the overhead formula from Section 2. 4. DUTIES of NESF A. NESF will secure classroom space, time, and dates for the program at the Newport Elementary, and provide information to the City at no cost. B. NESF will designate a liaison to coordinate with City staff. C. NESF and Newport Elementary School will provide guidance to City on specific classes to be provided. Newport Beach and Newport Elementary School Foundation Page 2 5 INSURANCE General Liability Insurance. NESF must provide and maintain at all times general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. The policy shalrj�� carry a general liability special endorsement naming the City of Newport Beach, its elected or appointed officers, employees, agents and volunteers as additional named `�5WO>Jr insured in the amount of one million dollars ($1,000,000) per occurrence. NESF's insurance coverage shall be primary insurance and /or primary source of recovery as respects to City, its elected or appointed officers, agents, officials, employees and volunteers as respect to all claims., losses or liability arising directly or indirectly from V NESF's operations or service provided to the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of NESF's insurance and shall not contribute with it. Evidence of insurance certificate shall be sent to the Recreation & Senior Services Department and must be approved by the City Risk Manager prior to the first class /day of instruction. Coverage must have the policy limits described above and be provided by an insurance carrier with a Best's Insurance Guide Rating of A and Financial Size Category Class of VII (or larger). Said policy must also provide a written 30 -day notice of cancellation (10 -day written notice for non - payment of premium) to the City of Newport Beach 3300 Newport Boulevard, Newport Beach, CA 92658. Workers' Compensation Insurance. By executing this Agreement, NESF certifies that NESF is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self- insurance before commencing any work. NESF shall carry the insurance or provide for self- insurance required by California law to protect said NESF from claims under the Workers' Compensation Act. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers. NESF shall submit to City, along with the required certificate of insurance a copy of such waiver of subrogation endorsement. Please initial and attach: am attaching a copy of the General Liability Insurance with Additional Insured Endorsement that meet the above requirements. 6. COMPLIANCE WITH ALL LAWS The City, NESF and their employees, agents and representatives shall at all times observe and comply with all laws, ordinances and regulations. 7. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS All class rosters, participant addresses and contact information, and any other such information or documents compiled by City and provided to NESF, shall remain the property of City. NESF shall not release such information to others without the prior written authorization by the City. NESF shall not use such information for any other purpose than those authorized by City. All class rosters, class participant addresses Newport Beach and Newport Elementary School Foundation Page 3 and contact information, shall be used by the NESF solely for administration of classes and performing City or NESF business or unless to promote the NESF educational program. NESF will take reasonable steps consistent with the law to prevent distribution of such information. NESF's obligations under this paragraph shall survive the termination of this Agreement. The rosters may be used to market or advertise for the NESF's program offerings that are jointly between City and NESF. 9. BUSINESS LICENSE Newport Beach Municipal Code Chapter 5.04 provides that every business operating in the City must obtain a business license prior to conducting business in the City, and pay the required business license fee. This ordinance applies to businesses operating at commercial or residential locations within the City, or using a City of Newport Beach address or P.O. Box for receiving mail. The City Business License Fee is an annual tax, due every twelve (12) months. NESF agrees to obtain a City business license as required by Chapter 5.04 and provide proof of compliance annually. Business License Applications are available in the Revenue Division Office in Newport Beach City Hall. NESF may be eligible for paying a reduced Business License Tax, which is known as an Apportioned Business Tax. A Declaration for Apportioned Business Tax is available in the Revenue Division Office at City Hall. A copy of your business license must be submitted with this agreement. The City will waive the business license fee for NESF. 10. INDEMNIFICATION General. NESF shall indemnify, defend and hold harmless City, its elected and appointed officers, employees, agents, representatives, the City Council, boards and commissions ( "Indemnified Parties ") with respect to any loss, liability, injury or damage that arises out of, or is in any way related to, the acts or omissions of NESF, his or her employees, representatives, officers and agents in the course of performing services under this Agreement; however, NESF shall not be required to indemnify City from any claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Intellectual Property. NESF shall defend, indemnify, and hold harmless the Indemnified Parties from any claim of infringement or other proceedings brought against City for any intentional or unintentional violation by NESF of the legally protected rights of any third parties, with respect to works performed, logos displayed, or written or digital materials provided by NESF and used during the performance of this Agreement. Such legally protected rights of third parties include but are not limited to trade secrets, moral rights, proprietary acts, U.S. patents, trademarks, service marks and copyrights vested or issued as of the effective date of this Agreement. If NESF will be providing a public performance of musical compositions or arrangements that are subject to a license held by a third party, it is the responsibility of NESFto obtain the appropriate license to perform the material prior to the public performance. 11. TERMINATION City or NESF has the right, at its sole discretion and with or without cause, to terminate this Agreement at any time by giving thirty (30) calendar days prior written notice. In the .. event of termination under this Section, City shall pay NESF on a prorated basis for any classes or programs that were taught by Contractor, if any, up to the effective date of termination. 12. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it. Any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 13. AMENDMENTS This Agreement may be modified or, amertd2d..�-4 by a written document executed by both NESF and City and approved (s to form by t#ie City Attorney. 14. INTERPRETATION. ' The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 15. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties, and all preliminary negotiations and agreements are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 16. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 17. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. Newport Beach and Newport Elementary School Foundation Page 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF T CITY TO NEY By: K e owen Ass'791ant City Attorney CITY OF NEWPORT BEACH, A R' ., ATTEST: �w_. v� By: 9 Leilani Brown, City Clerk Cg -I Fovt ,o' 11 Newport Elementary School Foundation a California public non-profit benefit Corporation Name: U ` Title.- Cc" .. By: Name: -T`D\- Title: Q ( &�' k o wfi Tax ID #-. (Two Corporate signatures required - resolution of the board must be attached to confirm signatures) Attachment A - Independent Contractor Agreement Before submitting your contract package to the City, the following documents must be completed and or enclosed: 1) Three copies of the signed contract (a completed original contract will be mailed back for your records after processing 2) Insurance 3) Business License Newport Beach and Newport Elementary School Foundation Page 6 CITY OF NEWPORT BEACH Recreation & Senior Services Department INDEPENDENT CONTRACTOR AGREEMENT SENIOR SERVICES INSTRUCTIONS FOR COMPLETING CONTRACT PACKET Please ensure the following documents are completed and /or enclosed with your executed contract. 1. Three original signed contracts (a fully executed original contract will be mailed back for your records after processing); 2. On the Contract, initial the appropriate statement on page 3 and complete Exhibit A as appropriate; 3. On the Contract, initial the appropriate statement on Page 7 and enclose copies of all the appropriate Evidence of Insurance (refer to Section 7 of the Contract for further details about insurance requirements); 4. Include a copy of your valid City of Newport Beach Business License; 5. The City pays Independent Contractors electronically; you must complete and return with the Contract Packet a "Direct Deposit Authorization Form" as provided by the City. Items below only apply if entering this contract as a Fictitious Business Name, a corporation, LLC or Partnership 6. For Corporations, LLC's and Partnerships: Provide the City with evidence that the individual(s) that signed the contract have the authority to bind the entity in the contract. (ie. For corporations- provide a copy of the corporate resolution authorizing certain individuals to sign contracts; for LLC's- provide a copy of the current operating agreement and /or statement of information filed with the Secretary of State.) 7. If doing business under a Fictitious Business Name (ie. FBN or DBA), please provide a copy of your fictitious business name statement filed with the County. CITY OF NEWPORT BEACH Recreation & Senior Services Department INDEPENDENT CONTRACTOR AGREEMENT SENIOR SERVICES This Independent Contractor Agreement ( "Agreement') is made and entered into as this day of , 2011 by and between the City of Newport Beach, a California municipal corporation and charter city ( "City"), and INSERT CONTRACTOR NAME, a Choose an item. , ( "Contractor ") to provide the programs in Insert Type Or Name Of Class ( "Program ") hereby agreed upon, as scheduled and described in the Newport Navigator and /or OASIS News, which is incorporated herein by this reference, and as approved in writing by the City. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on Click here to enter a date. unless terminated earlier as provided herein. 2. COMPENSATION 2.1 City shall pay Contractor within twenty one (21) business days after the last session meeting. City shall pay the Contractor an amount equal to INSERT CONTRACT PERCENTAGE (0 %) of the amount of the total enrollment fees collected, minus the non - resident fee and a five dollar and no /100 ($5.00) per person administration fee for each Class held. 2.2 The City pays Contractors electronically; the Contractor shall be responsible for ensuring an up to date "Direct Deposit Authorization Form" is on file with OASIS Senior Center Administration Office staff. 2.3 A session is defined as a set of dates that meet on specific days day and time for a number of weeks. These are provided to the City for insertion into the Newport Navigator. 3. DUTIES OF CITY 3.1 Registration. City shall register all participants for classes and shall collect all enrollment fees. Contractor shall not accept enrollment fees directly from a participant unless the City approves, in advance and in writing, the acceptance of enrollment fees by the Contractor. Contractors shall only collect material fees that are pre- approved by the City and published in advance in the Newport Navigator and /or the OASIS News. Such material fees shall be collected by Contractor at the first class meeting. 3.2 Publicity. City shall provide publicity for the Program in the Newport Navigator (published on a quarterly basis) and /or the OASIS News (published on a monthly basis). City shall have the sole discretion to decide what information will be included in the Newport Navigator and /or the OASIS News about the Program and the Contractor. Publicity may also include flyers created by the City or the Contractor. Contractor created flyers must be approved in writing by the City before distribution. 3.3 Program Facility. City shall provide a location for the Program without charging Contractor any rental fees, unless otherwise agreed by the parties. The Contractor will request dates and times for the Program; the City will inform the Contractor if the facility is available. It is the Contractor's sole responsibility to request these dates /times, the City will not schedule the Contractors Programs for them. 3.4 Refund Processing. City shall provide refunds to participants when: 3.4.1 The participant drops the Session before the second meeting; 3.4.2 The participant drops a one (1) day or more workshop five (5) or more business days before the workshop begins; or 3.4.3 The Session is canceled by the City or Contractor. In the later instance, the Contractor must provide the City with all required paperwork. 3.5 Class Roster, Sign -Out and Attendance Sheets. City shall provide class rosters, sign -out sheets and attendance sheets to Contractor online via http : / /newportbeachca.gov /index.aspx ?page =1432. Contractor is responsible for requesting a log -in and password from the City. 4. CONTRACTOR DUTIES 4.1 Contractors. Contractor hereby certifies that he /she or any contractor, representatives, or employee who will be teaching the Program or assisting in teaching the Program is qualified to do so, and qualified to perform the services described in the course outline submitted to City which is incorporated herein by reference. Contractor is responsible for all Program curriculum development. 4.1.1 City staff must approve in writing all assigned contractors, representatives and employees prior to any of them performing any services under this Agreement. The City requires the Contractors and all representatives and employees of the Contractor to be fingerprinted prior to performing services under this Agreement in accordance with Section 8 below. A current roster of Contractors, representatives, and employees must be provided prior to City approval of new contractors, representatives and employees. All Contractors must be able to provide proof of legal right to work in the United States. Contractor is responsible for training, supervising, evaluating, scheduling, and any other requirements by law for all contractors, representatives, and employees. 4.2 Representatives/Employees. Contractor shall provide the City with the name(s), address(es) and phone number(s) of all representatives or employees who will INDEPENDENT CONTRACTOR AGREEMENT Page 2 be providing any services pursuant to this Agreement. All representatives or employees must comply with the fingerprint policy (Section 8). 4.2.1 Please initial the statement that applies: ❑ I will not be using representatives or employees. ❑ I will be using representatives or employees. Attached please find as Exhibit A, and incorporated herein by reference, the full names, addresses and phone numbers of all representatives or employees who will be providing any services pursuant to this Agreement. This information must be updated with the Recreation and Senior Services Department each time the Contractor adds or deletes representatives or employees. 4.2.2 Subcontracting. Contractor shall not subcontract or assign any portion of the rights, obligations or duties required under this Agreement, without first obtaining prior written approval from the City. Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement. 4.3 Supplies/Equipment. Contractor shall be responsible for providing all supplies, equipment, personnel, materials, and any additional publicity desired for the class, at Contractor's sole expense. Contractor shall also be responsible for repairing and maintaining all equipment and supplies in good working condition. 4.4 Anti- Discrimination Laws. Contractor agrees and certifies that, except as permitted by law, no person shall, on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation, be excluded from participation in or be denied the benefits of the services provided pursuant to this Agreement, and Contractor agrees not to discriminate on said grounds in the hiring and retention of employees and representatives, unless authorized under Section 12940 of the California Government Code. Contractor shall, where applicable, conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 4.5 Class Size. Contractor shall determine the minimum and maximum number of participants required for each class to ensure the quality and, safety of the class. Contractor or Contractor's authorized representative is required to attend the first Class meeting of all Class offerings advertised in the Newport Navigator and/or OASIS News unless Contractor cancels the Class three (3) business days prior to the start date, with the prior written approval of City. In the event of such approved cancellation, Contractor shall be responsible for informing all registered participants. In the event that the minimum number of participants is not met by the first Class meeting, the Class shall be cancelled and the Contractor shall not be compensated for attending the first meeting or for any cancelled Class. Contractor shall not be obligated to provide any additional services in regards to the cancelled Class. If the minimum number of INDEPENDENT CONTRACTOR AGREEMENT Page 3 participants is met or exceeded, the Class shall be held as scheduled (even if any of the initial participants subsequently drop the Class), subject to Section 14 of this Agreement. If the demand is such that an additional Class could be offered, it shall be taken under consideration and negotiated between City and Contractor. If class(es) are cancelled for two (2) consecutive quarters due to lack of enrollment, the class will not be scheduled again until City determines that public demand has increased. 4.6 Absences. Contractor shall obtain permission from City one (1) week prior to any planned absence from the Program. In the event of illness, Contractor is required to notify City and Participants twenty -four (24) hours prior to any Program cancellation. 4.6.1 City urges Contractor to get a substitute, whenever possible, instead of cancelling Classes. Contractor shall obtain City's prior written approval of any substitute Contractor. Any substitute contractor, representative or employee must have completed a criminal background check pursuant to Section 8 prior to teaching any City programs. 4.6.2 When cancelling a Program, Contractor shall contact all participants as soon as possible and confirm all cancellations and /or make -up classes, in writing to Administration Office staff. 4.7 Contact Information. Contractor is required to notify City in writing of any name, address, telephone number, email, website or direct deposit payment changes within 48 hours of such change. 4.8 Contractor Informational Meeting.. Contractor or Contractor's authorized representative or employee shall attend the Annual Contractor Informational Meeting that will be held in insert date ie October 2011. 4.9 Sign -Out Sheets. All Contractors must have participants sign in for each Class. Sign in sheets along with Attendance sheets are available to the Contractor online through their instructor login. 4.10 Other Requirements. Contractors shall: 4.10.1 Cooperate fully with all reasonable requests from City staff. 4.10.2 Maintain the highest degree of participant safety possible. 4.10.3 Injuries or Damages. Immediately report to the OASIS Senior Center Administration Office any injuries as a result of Class participation, damages to the classroom or Program facility that could cause potential injury to a participant and any needed maintenance repairs. Contact the OASIS Senior Center Administrative Office staff by phone or email. 4.10.4 Clear all participants from the designated Class area at the end of Class time unless participants continue to use public City facilities for personal use INDEPENDENT CONTRACTOR AGREEMENT Page 4 without conflict with other scheduled activities and in accordance with posted hours and availability limitations. 4.10.5 Ensure that any music or sound system is kept at levels that will not interfere with other classes or create a public disturbance /nuisance. 4.10.6 Close and secure the room or building at the end of each Class. 4.10.7 Turn off any lights, heat, air conditioning, or other utilities when Class is finished. 4.10.8 Complete and return the quarterly "Contract Class Schedule" requested by the City if Contractor wishes to be a part of the marketing materials. 4.10.9 Know facility rules and regulations and provide pertinent information (i.e. refunds) to participants. 4.10.10 Pay a $20 lost key /replacement fee when Contractor requests replacement key. 4.10.11 Abide by all City policies and procedures including, but not limited to, the requirements set forth in the Newport Navigator and OASIS News and the Contractor Handbook dated which is incorporated herein by this reference. Contractor's signature on this Agreement signifies acknowledgment of receipt of the Contractor Handbook. 4.11 Contractor Photo ID Badge. Contractors and their employees /representatives are required to wear a City provided Contractor Photo ID Badge at all times while engaging in services for the City. Contractor shall be required to pay five dollars and no /100 ($5.00) for any lost/replacement Contractor Photo ID Badge. Contractor Photo ID Badges are distributed upon renewal of Agreement with City. 5. NOTICES 5.1 Unless otherwise indicated, all notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: OASIS Senior Center Administrative Office Senior Services Manager City of Newport Beach 801 Narcissus Ave Corona Del Mar, CA 92625 Phone: (949) 644 -3244 INDEPENDENT CONTRACTOR AGREEMENT Page 5 E-mail: OAS IS Co) newoo rtbeachca.00v 5.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at the contact information provided on page 12 of this Agreement. 6. INDEPENDENT CONTRACTOR The parties intend and agree that at all times during the performance of services under this Agreement; Contractor shall act as an Independent Contractor and shall not be considered an agent or employee of City. As such, Contractor shall have the sole legal responsibility to remit all federal and state income and social security taxes and to provide for his/her own workers compensation and unemployment insurance and that of his /her employees or representative. Contractor also agrees to provide liability insurance as required by City and described more fully below. City shall not be liable for any payment or compensation in any form to Contractor other than as provided herein. City reserves the right to employ other independent contractors and Contractors who teach the same or similar classes. City shall provide Contractor with IRS 1090 or other applicable IRS forms at the end of the calendar year for all fees paid to Contractor. 7. INSURANCE 7.1 General Liability Insurance. Contractor must provide and maintain at all times general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. The policy shall carry a general liability special endorsement naming the City of Newport Beach, its elected or appointed officers, employees, agents and volunteers as additional named insured in the amount of one million dollars ($1,000,000) per occurrence. Evidence of insurance certificate shall be sent to the Recreation & Senior Services Department and must be approved by the City Risk Management or their designee prior to the first Class /day of instruction. 7.1.1 Contractor shall have the option of purchasing coverage through the City of Newport Beach's Special Event insurance program, or through Southern California Municipal Athletic Federation ( "SCMAF "), or providing his/her own coverage. If a Contractor elects to obtain his /her own coverage, said coverage must have the policy limits described above and be provided by an insurance carrier with a Best's Insurance Guide Rating of A- (or higher) and Financial Size Category Class of VII (or larger). 7.1.2 Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects to City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses or liability arising directly or indirectly from the Contractor's operations or Service provided to the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. INDEPENDENT CONTRACTOR AGREEMENT Page 6 7.1.3 Said policy must also provide a written thirty (30) day notice of cancellation (ten (10) day written notice for non - payment of premium) to the City of Newport Beach Recreation & Senior Services Department, at the following address: 3300 Newport Boulevard, PO Box 1768, Newport Beach, CA 92658. 7.2 Workers' Compensation Insurance. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self- insurance before commencing any work. Contractor shall carry the insurance or provide for self- insurance required by California law to protect said Contractor from claims under the Workers' Compensation Act. 7.2.1 The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance a copy of such waiver of subrogation endorsement. 7.2.2 In the event Contractor has no employees requiring Contractor to provide Workers' Compensation insurance, Contractor shall so certify to City in writing prior to City's execution of this Agreement. 7.3 Automobile Liability Coveraoe. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence, or as approved by the City's Risk Manager or his/her designee. 7.4 Please initial the statement that applies: ❑ Not Applicable. ❑ Contractor is providing a copy of the General Liability Insurance with Additional Insured Endorsement that meets the above requirements. ❑ Contractor shall be utilizing the City provided insurance through Southern California Municipal Athletic Federation ( "SCMAF ") and will pay all required fees billed on a quarterly basis by the City. I have reviewed the Contract Contractor Handbook for complete information. Please note that SCMAF does not provide coverage for Worker's Compensation or Automobile Insurance Liability. INDEPENDENT CONTRACTOR AGREEMENT Page 7 8. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK 8.1 All Contractors and their employees, agents and representatives must submit to and pass a criminal background investigation by providing a complete set of fingerprints to the City at least thirty (30) calendar days prior to teaching, substituting for contractor or assisting with any Class. Such Contractors and their employees, agents and representatives are required to submit fees in the amount of up seventy three dollars and no /100 ($73) per person to the City of Newport Beach, Recreation & Senior Services Department, to cover all costs associated with fingerprinting through the City of Newport Beach Police Department and the Department of Justice. Fingerprints may be required to be updated every five (5) years. 8.2 In addition, all Classes involving minors age seventeen (17) or younger must be taught in an open atmosphere where parents and guardians are able to observe Class instruction, if so desired. At no time can the parent or guardian of a minor be denied access to a Class. By signing this Agreement, Contractor agrees to the provisions of this Section. 9. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS All Class rosters, participant addresses and contact information, and any other such information or documents compiled by City and provided to Contractor, shall remain the property of City. Contractor shall not release such information to others without the prior written authorization by City. Contractor shall not use such information for any other purpose than those authorized by City. All Class rosters, Class participant addresses and contact information, shall be used by the Contractor solely for administration of Classes and performing City business. Contractor will take reasonable steps consistent with the law to prevent distribution of such information. Contractor's obligations under this Section shall survive the termination of this Agreement. 10.USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND PUBLICITY Contractor shall not include City's name, logos or insignia, or photographs of the Program site or participants, in any publicity pertaining to Contractor's services or Class in any magazine, trade paper, newspaper, radio or television production, Internet, or other printed or electronic medium without the prior written consent of City and participants. 11. BUSINESS LICENSE Newport Beach Municipal Code Chapter 5.04 provides that every business operating in the City must obtain a business license prior to conducting business in the City, and pay the required business license fee. This ordinance applies to businesses operating at commercial or residential locations within the City, or using a City of Newport Beach address or P.O. Box for receiving mail. The City Business License Fee is an annual tax, due every twelve (12) months. Contractor agrees to obtain a City INDEPENDENT CONTRACTOR AGREEMENT Page 8 business license as required by Chapter 5.04 and provide proof of compliance annually. Business License Applications are available in the Revenue Division Office in Newport Beach City Hall. In certain circumstances, Contractor may be eligible for paying a reduced Business License Tax, which is known as an Apportioned Business Tax. A Declaration for Apportioned Business Tax is available in the Revenue Division Office at City Hall. A copy of your Business License must be submitted with this Contract. All Contractors must have a valid business license. 12. INDEMNIFICATION 12.1 General. Contractor shall indemnify, defend and hold harmless City, its elected and appointed officers, employees, agents, representatives, the City Council, boards and commissions ( "Indemnified Parties ") with respect to any loss, liability, injury or damage that arises out of, or is in any way related to, the acts or omissions of Contractor, his or her employees, representatives, officers and agents in the course of performing services under this Agreement; however, Contractor shall not be required to indemnify City from any claim arising from the sole negligence or willful misconduct of the Indemnified Parties. 12.2 Intellectual Property. Contractor shall defend, indemnify, and hold harmless the Indemnified Parties from any claim of infringement or other proceedings brought against City for any intentional or unintentional violation by Contractor of the legally protected rights of any third parties, with respect to works performed, logos displayed, or written or digital materials provided by Contractor and used during the performance of this Agreement. Such legally protected rights of third parties include but are not limited to trade secrets, moral rights, proprietary acts, U.S. patents, trademarks, service marks and copyrights vested or issued as of the effective date of this Agreement. If Contractor will be providing a public performance of musical compositions or arrangements that are subject to a license held by a third party, it is the responsibility of Contractor to obtain the appropriate license to perform the material prior to the public performance. 13. TERMINATION City has the right, at its sole discretion and with or without cause, to terminate this Agreement at any time by giving three (3) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor on a prorated basis for any Classes or Programs that were actually taught by Contractor, if any, up to the effective date of termination. 14.CLAIMS The Contractor and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Government Tort Claims Act (Government Code sections 900 et seq.). INDEPENDENT CONTRACTOR AGREEMENT Page 9 15. STANDARD PROVISIONS 15.1 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 15.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 15.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 15.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 15.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 15.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 15.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 15.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 15.9 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 15.10 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. INDEPENDENT CONTRACTOR AGREEMENT Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: By: Kyle E. Rowen Acting Assistant City Attorney ATTEST: Date: By: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Laura Detweiler, Director Recreation & Senior Services CONTRACTOR: INSERT CONTRACTOR NAME Signature Date Signature Date Print Name Print Name Print Title Print Title Business Mailing Address, City, State Zip Tax ID/ SSN Cell Phone Business Phone Home Phone Alternate Phone E -mail Address Alternate E -mail Business Website Home Address (if different from business mailing address) Please note — if you are a Corporation or a LLC — you must provide documentation on allowable signatures. — If you are a DBA — you must provide the appropriate paperwork Attachments: Exhibit A— Representatives andior Employees of Contractor INDEPENDENT CONTRACTOR AGREEMENT Page 11 O 530 SECRETARY OF STATE I, BILL JONES, Secretary of State of the State of California, hereby certify. That the attached transcript has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. SEUS +.II Eogx CE-107 (PEW, "7h IN WITNESS'WHEREOF, I execute this certificate and affix the Great Seal of the State of California this MAY 1 4 1991 Secretary of State 97 ]5W _-••_ 2ulutlau ENDORSED-FILED In the office of the Secretary of State ARTICLES OF INCORPORATION of tn� 1100 ,)f ralifornia MAY 121997 BILL JONES, Secretary of State T The name of this corporation is A: This corporation is a nonprofit PUBUC BENEFIT CORPORATION and is not organized for the private gain of any person. it is organized under the Nonprofit Public Benefit Corporation Law for: 1 ? public purposes. or charitable purposes. or ( ) public and charitable B. The specific (f cific purpose of this corporation is to � i•�,`f= /.;.,. ^lds ^C!CEQ, fiiyc �� 111 �� The name wW address in the State of California of this corporation's initial agent for service of process is: Name I :Zj$EEj, Address 1 l; A City i l� �, ;; ti state IV /1 I!Y CALIFORNIA zip f A. This corporation Is organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3), Internal Revenue Code. B. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. sn prijun a Fort" s ARMPP ftor.d: VA The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer, or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501(cl(3), Internal Revenue Code. (Signature of incorporator) 5/3 H&M A FO"An AATS•r'd Avo l42 J E W. HROTH (Type ame of Incorporator) Broker Heffernan Insurance Brokers 1350 Carlback Ave. Suite 200 Walnut Creek, CA 94596 IMPORTANT POLICY INFORMATION ENCLOSED Enclosed along with the NIAC member insured Insurance Policies are Evidence of Insurance forms and envelopes for the vehicles that are insured through NIAC. A copy of this document needs to be in each vehicle insured by NIAC and a copy should be sent into the DMV with a copy of the registration as evidence of insurance. A peace officer may ask for this information if your client is involved in an accident or stopped for a moving violation. J4* Nonprofits' Insurance Alliance of California A HEAD FOR INSURANCE ... A HEART FOR NONPROFITS October 06, 2010 AiW Nonprofits' lnsurance Alliance of California A WM fd PIAUW.f..,Ax[MlO�µ.^xlNlifS Date: 10/06/2010 To: Newport Elementary School Foundation (10239) From: Underwriting Department, NIAC Re: Your renewal policies Thank you for renewing your policy with Nonprofits' Insurance Alliance of California. Because your policy met some eligibility criteria, your broker elected to have your policy automatically renewed. That means the policy was renewed with the same coverages, limits, and locations as the expiring policy with very little or no input from either the broker or you. Please take a few minutes to confirm your policy is accurate. For example, your location schedule should reflect the location(s) your nonprofit currently has. If you have any questions or need to make any corrections to your policy, please contact your broker. Nonprofits' Insurance Alliance of California A HEAD FOR INSURANCE ... A HEART FOR NONPROFITS Dear NIAC Member, P.O. Box 8507, Santa Cruz, CA 95061 -8507 w .insurancefornonprofits.org (831) 459 -0980 (800) 359 -6422 Fax (831) 459 -0853 NIAC is a nonprofit 50I(c)(3) tar - exempt organization Your insurance broker has put your policy on our Direct Bill Program. We have developed this more flexible billing system in response to feedback from our members. Each month you will receive a statement documenting recent activity on your account. Similar to a credit card statement, you will have the choice to pay off the entire balance or make the minimum payment. Your first statement will require a minimum payment of 20% of the total annual premiums. The second through ninth statements will require a minimum payment of 10% of the total annual premiums, plus any unpaid portion of the previous minimum payment. In addition, the minimum payment will reflect adjustments for changes in coverage, and a charge for interest. Please note that an interest charge will be assessed on all outstanding balances after the first statement. Our current simple interest charge is equivalent to 3% APR (.25% per month). This charge will be itemized in the detail section of each statement. We hope this more flexible payment method meets the needs of your agency. If you have any questions or comments, feel free to call our accounting department at (800) 359 -NIAC. Sincerely, Kimberly Aday VP Finance & Treasurer NONPROFITS' OWN SUMMARY OF OUR KEY FEATURES ,J& Nonprofits' Insurance Alliance of California AHEADFMBJLIR E. .AHEME N0~9S These key features are available at no additional charge when you purchase the corresponding policy. Please review the coverage form for specific coverage information. General Liability Coverage Key Features • Liquor Liability • Aggregate Limits per Location • Workplace Violence Counseling • Blanket Additional Insureds • Damage to Premises Rented to You • Unsatisfied Contributions • Non -owned Watercraft (up to 75 feet) • Bail Bonds • Expenses incurred to assist in claim defense • Medical Payments (up to $20,000 available) • Newly Formed Entities - until the end of the policy period • Care, Custody & Control • Coverage to employees' or volunteers' autos if damaged by client • Access to NIAC's Publication Resource Center • Identity Theft Reimbursement • Terrorism Travel Reimbursement • Kidnap Expense • Executive Recruitment Expense Commercial Auto Coverage Key Features (offered only when Owned Auto coverage is purchased) • Symbol One Liability coverage available • Rental Reimbursement • Employees and Volunteers as Insured • Hired Auto Physical Damage available • Drive Other Car (DOC) Coverage — FREE when requested • FREE Defensive Drivers Training Program • FREE Vehicle Monitoring Program Key Features 01 10 Form Limit Number $1,000,000 CG 00 33 $30,000 CG 2504 $50,000 NPO -001 $50,000 Various $500,000 CG 00 01 $25,000 NPO -001 NPO -001 $5,000 NPO -001 $1,000 /day NPO -001 varies CG 00 01 NPO -001 $25,000 NIAC E28 $3,000tpolicy NIAC E29 www.niac.org for details $30,000 NPO -001 $30,000 NPO -001 $50,000 NPO -001 $50,000 NPO -001 CA 00 01 $50 /day, 30 days CA 99 23 CA 2054, CA 9934 & CA 99 33 CA 00 01 CA 99 10 www.niac.om for details www.niaaorn for details Page 1 of 2 Form Limit Number Social Service Professional Liability Coverage Key Features (offered only when Social Service Professional Liability coverage is purchased) • Occurrence based coverage - not Claims Made coverage NIAC -E32 • Added as an endorsement to the GL • Broad insuring agreement NIAC -E32 • Vicarious Liability for the Organization included NIAC -E32 • Limits up to $3M Aggregate and $1 M Occurrence available* NIAC -E32 *see underwriter for pricing Improper Sexual Conduct Coverage Key Features (offered only when Improper Sexual Conduct coverage is purchased) • Event - Trigger basis - not Claims Made Coverage • Reimbursement of wages • Defense of alleged perpetrator • Coverage extends to students and interns • Discounted background check pricing Directors and Officers Coverage Key Features (offered only when Directors and Officers coverage is purchased) • Zero deductible for D &O • Event Trigger basis - not Claims Made coverage • Full Prior Acts Coverage available • Defense costs outside the policy limits • Duty to Defend • Broad definition of insured, including the nonprofit itself • Employment Practices Liability included • Coverage for Volunteers and Employees • Coverage extends to students, spouses, and interns • Flat -Rate "Zero - Employee" D &O policy available • Breach of Contract • FREE Pre - Termination and HR Consultation • FREE Employee Handbook Review • FREE sexual harassment training for supervisors NIAC -ISCET $10,000 NIAC -ISCET NIAC -ISCET NIAC -ISCET www.niac.org for details NIAC DOET NIAC DOET NIAC DOPWA NIAC DOET NIAC DOET NIAC DOET NIAC DOET NIAC DOET NIAC DOET NIAC DOET $25,000 - defense only NIAC DOET Unlimited www.niac.org for details www.niac.ora for details www.niac.org for details This summary is not a contract of Insurance. It provides an overview of our policy key features. Refer to the actual coverage forms for the terms and conditions that govern your policy. Key Features 01 10 Page 2 of 2 Claims Reporting Procedure REPORT CLAIMS IMMEDIATELY! There is no negative impact on your policy for reporting an incident. When in doubt — report it! HOW DO YOU KNOW WHEN AN INCIDENT REQUIRES A CLAIM TO BE REPORTED? 1. There's been an accident 2. Someone has been hurt 3. Property has been damaged 4. You think someone ought to know "just in case" IF YOU NEED TO REPORT A CLAIM: 1. Complete the appropriate reporting form: ■ Driver Accident Report Form —motor vehicle accident ■ Incident Report Form — all other accidents An original of these forms follows this page of your policy. Additional forms are available at the website: www.insurancefornonprofits.org or you can send a request to our Director of Loss Control at: losscontrol (d)insurancefornonorofits.org. NOTE: Claims for North American Elite Property Insurance do not require a separate form. Your insurance broker will send us an ACORD claim form. 2. Tell your insurance broker to report the claim to the AMS Insurance Services, Inc. Claims Department by fax at: 1- 877 -442 -8153 (toll free fax) If you have any questions concerning whether to report an incident or claim, call your broker; or call the AMS Insurance Services, Inc. Claims Department at 1 -800- 359 -6422. if a claim needs to be reported after business hours or on the weekend, call 1- 866 -718 -1947. This number is reserved for true claims emergencies after business hours and weekends. 2 Serving ... Nonprofits' Insurance Alliance of Califomia Alliance Member Services . +e n •rr.+.. . [- -aI—s n Alliance Nonprofits m4 risurance ALJ AennNen L.vep NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA P.O. Box 8507, Santa Cruz, CA 95061 P:(800)359 -6422 F:(831)459 -0853 NONPROFITS OWN COMMERCIAL LINES COMMON POLICY DECLARATIONS Al�& Nonprofits' Insurance Alliance of California A MAD FOR INOWE ... A HEMT FOR NONPROWS PRODUCER: POLICY NUMBER: 2010-10239-NPO Heffernan Insurance Brokers 1350 Carlback Ave. Suite 200 RENEWAL OF NUMBER: 2009- 10239- NPO Walnut Creek, CA 94596 NAME OF INSURED AND MAILING ADDRESS: Newport Elementary School Foundation P.O. Box 15834 Newport Beach, CA 92659 POLICY PERIOD: FROM 11/0512010 TO 11105/2011 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: After school program IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THESE PREMIUMS MAY BE SUBJECT TO ADJUSTMENT. PREMIUM COMMERCIAL GENERAL LIABILITY COVERAGE PART - OCCURRENCE .................. $2,216 COMMERCIAL AUTO LIABILITY COVERAGE PART ................... ............................... $100 COMMERCIAL AUTO PHYSICAL DAMAGE COVERAGE'PART ..... ............................... Not Covered IMPROPER SEXUAL CONDUCT COVERAGE PART COMMERCIAL LIQUOR LIABILITY COVERAGE PART .................... ............................... TERRORISM COVERAGE (Certified Acts) ....................................... ............................... $1,432 INCLUDED Not Covered TOTAL: $3,748 FORM(S) AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT TIME OF ISSUE:" NIAC- GL -NPO NIAC- LL -NPO NIAC- SC-NPO NIAC- AL -NPO SCHEDULE GfOl 80, SCHEDULE L/01 80, SCHEDULE BA/01 80, CG 0001/0798, NPO- 00110409, NIAC - X1/0802, NIAC- E311 -99, NIAC- E610207, NIAC- E711004, NIAC- E1117 -92, NIAC- E1215 -92, NIAC- EI510209, NIAC- E2218.95, NIAC- E2510198, NIAC -E28 /1 -99, NIAC- E2911209, NIAC-E30/4 -00, NIAC- E3210508, NIAC- E3311 -02, NIAC- E42fO706, NIAC- E5210909, CG 0033/0196, CG 2010/0704, CG 2011/0196, CG 2012107 98, CG2018111-95, CG2020/11$5. CG 20 26107 04, CG 20 34/07 04, CG 20 37/07 04, CG 21 16 s/07 98, CG 21 73101 08, CG2407111.85. CG2504111.85, CG7794104 93, IL 00 17111 98, IL 02 70111 04, "OMITS APPLICABLE FORMS AND ENDORSEMENTS IF SHOWN IN SPECIFIC COVERAGE PART I COVERAGE FORM DECLARATIONS. COUNTERSIGNED: 10/0612010 BY (AUTHORIZED REPRESENTATIVE) THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. NIAC -CO -NPO (01609 -DB) NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA P.O. Box 8507, Santa Cruz, CA 95061 P:(800)359 -6422 F:(831)459 -0853 Nonprofits' Insurance Alliance of California A HEAD MRINSUMA KE... A HART FOR NOWKYRS COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS PRODUCER: POLICY NUMBER: 2010 -10239 -NPO Heffernan Insurance Brokers 1350 Carlback Ave. Suite 200 RENEWAL OF NUMBER: 2009-10239-NPO Walnut Creek, CA 94596 NAME OF INSURED AND MAILING ADDRESS: Newport Elementary School Foundation P.O. Box 15834 Newport Beach, CA 92659 POLICY PERIOD: FROM 11/0512010 TO 11/05/2011 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: After school program IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. LIMITS OF COVERAGE: GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS - COMPLETED OPERATIONS) $1,000,000 PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT ............................. $1,000,000 PERSONAL AND ADVERTISING INJURY LIMIT ..................... ............................... $1,000,000 EACH OCCURRENCE LIMIT .................................................... ............................... $1,000,000 DAMAGE TO PREMISES RENTED TO YOU .......................... ............................... $500,000anyonepremises MEDICAL EXPENSE LIMIT ....................................................... ............................... 20,000anyoneperson ADDITIONAL COVERAGES EMPLOYEE BENEFITS LIABILITY Retroactive Date: 9117/2007 INCLUDED (EMPLOYEE BENEFITS LIABILITY IS A CLAIMS MADE FORM. LIMITS ARE INCLUDED IN THE GENERAL AGGREGATE AND EACH OCCURRENCE LIMIT LISTED ABOVE) SOCIAL SERVICE PROFESSIONAL LIABILITY AGGREGATE LIMIT ......................................................... ............................... $1,000,000 EACH OCCURRENCE LIMIT ............................................. ............................... $1,000,000 CLASSIFICATION(S) SEE ATTACHED SUPPLEMENTAL DECLARATIONS SCHEDULE G PREMIUM $2,216 FORMS AND ENDORSEMENTS APPLICABLE TO THIS POLICY ARE INCLUDED IN COMMERCIAL LINES COMMMON POLICY DECLARATIONS b� . COUNTERSIGNED: 1010612010 BY ea (AUTHORIZED REPRESENTATIVE) THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. NIAC - GL - NPO (01609) P.O. Box 8507, Santa Cruz, CA 95061 P: (800) 359 -6422 F: (831) 459 -0853 COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Nonprofits' Insurance Alliance of California A XE4 FOR WR WNE... AKWf09N0NMfR5 Schedule G POLICY NUMBER: 2010- 10239 -NPO Page i NAME OF INSURED: Newport Elementary School Foundation PREMISES PREMIUM *ADVANCED CODE/CLASS *LOC BASIS RATE PREMIUM 47366/Sales, Service or Consulting Organizations - 1 64,000 6.236 $399 NOC - includes products and/or completed operations 47476 /Schools - private - elementary, kindergarten 1 40 16.673 $667 or junior high - NFP Employee Benefits Liability Social Service Professional $350 $800 'See Common Declarations for Total Advanced Premium and Schedule'L' for locations. COUNTERSIGNED: 10/06/2010 NIAC - SCHEDULE G - NPO BY (AUTHORIZED REPRESENTATIVE) (01609) P.O. Box 8507, Santa Cruz, CA 95061 P:(800)359 -6422 F: (831) 459 -0853 COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS POLICY NUMBER: 2010 - 10239 -NPO NAME OF INSURED: Newport Elementary School Foundation PREMISES DESIGNATED PREMISES LOCIBLDG ADDRESS, CITY, STATE, ZIP 1 Mailing Address only Newport Beach, CA 92663 COUNTERSIGNED: 10106/2010 BY NIAC - SCHEDULE L - NPO Nonprofits' Insurance Alliance of California A HEAD FOR MSW KE... A HEART FOR NONRROWS Schedule L Page 1 ADDITIONAL INSUREDS AND OTHER INTERESTS (AUTHORIZED REPRESENTATIVE) (01609) P.O. Box 8507, Santa Cruz, CA 95061 P:(800)359 -6422 F:(831)459 -0853 A Nonprofits' Insurance Alliance of California A HND FOR N9JP ... AHWTrORNONKOHR IMPROPER SEXUAL CONDUCT LIABILITY COVERAGE PART DECLARATIONS PRODUCER: Heffernan insurance Brokers 1350 Carlback Ave. Suite 200 Walnut Creek, CA 94596 NAME OF INSURED AND MAILING ADDRESS: Newport Elementary School Foundation P.O. Box 15834 Newport Beach, CA 92659 POLICY NUMBER: 2010 - 10239 - NPO RENEWAL OF NUMBER: 2009 - 10239 -NPO POLICY PERIOD: FROM 11/5/2010 TO 1115!2011 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: After school program IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. LIMITS OF COVERAGE: GENERAL AGGREGATE LIMIT .................... EACH CLAIM LIMIT ........ ............................... PREMIUM $1,000,000 $1,432 $1,000,000 NOTE: The limit of liability available to pay judgements or settlements shall be reduced by amounts incurred for Defense Costs. TOTAL PREMIUM: $1,432 FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT THE TIME OF ISSUANCE: NIAG -ISCET 10609, COUNTERSIGNED: BY (AUTHORIZED REPRESENTATIVE) THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORMS) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM APART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. NIAC - SC - NPO Name of Organization: Newport Elementary School Foundation Policy Number: 2010 -10239 Policy Effective Date: 1110512010 October 06, 2010 Due Date to Comply: 12/0512010 Nonprofits' Insurance Alliance of California (NIAC) issued an Improper Sexual Conduct (ISC) policy for your organization effective on the date stated above. NIAC requires all organizations that buy ISC coverage to obtain criminal history background checks for any employees and /or volunteers who work with "high risk" clients (e.g. youth, senior citizens, developmentally disabled of any age). The background check requirement for the ISC policy is part of our loss control efforts to minimize the risk of sexual abuse claims. NEW MEMBERS Enclosed is a one -page worksheet to help your organization determine how to comply with the background check requirement of your ISC policy. A Frequently Asked Questions reference document is also included. At each renewal of your ISC policy, we will require an updated form confirming that your organization continues to have a system in place for conducting background checks. RENEWING MEMBERS Please sign and return the enclosed Background Check Verification Form. IMPORTANT: FAILURE TO COMPLY WITH THIS REQUIREMENT MAY RESULT IN CANCELLATION OF YOUR IMPROPER SEXUAL CONDUCT INSURANCE COVERAGE. YOUR ORGANIZATION MUST COMPLY BY THE DUE DATE STATED ABOVE. Do you have questions? Call our background check coordinator, at 831 - 459 -0980 x66 or send an email to: iscbcc pninsurancefomonprofits.ora. The enclosed information is designed to assist you in complying with the criminal history background check process. Background check information, forms and frequently asked questions are also available at our website: www.niac.org. Log in and visit the Member - Insured Resources area. Also available in this area of our website is information on discounted background checks. For more information on this service, contact our Director of Loss Control via phone at 831 -459 -0980 x76 or via email: los scontrol[a)in su ra ncefornonprofits.om Don't have a member log -in and password yet? Send the following information in an email to webmasterO.insu ra ncefornon profits. oro Full name of the individual requesting a new log -in Their phone number Their email address And — Your NIAC member ID number (the last five digits of your policy number above) cc: (01609) - Heffernan Insurance Brokers No enclosures. Forms sent directly to member- insured. ,J& Nonprofits' Insurance Alliance of California A HEAD FOR INSURANCE ... A HEART FOR NONPROFITS Nonprofits' Insurance Alliance of California A HEAD FOR INSURANCE ... A HEART FOR NONPROFITS P.O. Box 8507 • Santa Cruz • CA 95061 -8507 Phone: (831) 459 -0980 • (800) 359 -6422 • Fax: (831) 621 -6124 w .niac.org NIAC is a nonprofit 501(c)(3) tax- exempt organization ISC Coverage Background Check Requirement Worksheet We believe that conducting background checks is a valuable risk management practice, minimizing the risk of ISC related claims. As such, Nonprofits' Insurance Alliance of California (NIAC) requires all organizations that secure Improper Sexual Conduct Coverage (ISC) to obtain criminal background checks for any employees and volunteers who work with high risk clients (e.g., youth, senior citizens, developmentally disabled of any age). If your organization is unwilling to undertake this risk management practice, we will cease to provide the ISC coverage for your agency. Many organizations that serve minors, the elderly, and developmentally disabled are already required to do background checks by local and /or state law. Does your organization currently conduct background checks as part of your licensing process? if your answer is Yes: Stop here. Complete, sign and return the enclosed "ISC Coverage Background Check Verification Form." If your answer is No: Proceed to the next section. There are many organizations that provide background check services. You can choose any provider of these services you wish. To assist our member - insureds, NIAC has teamed up with IntelliCorp Records, Inc., a subsidiary of Insurance Services Office, Inc. (ISO). IntelliCorp is a leading provider of innovative pre - employment verification and screening services, including criminal background checks, previous employment and education references, MVRs and more. The comprehensive data capabilities of IntelliCorp's products include: ■ Criminal data in all 50 states ■ Access to driving records in all 50 states ■ Sex offender data in 50 states ■ More than 200 background search options Through our relationship with IntelliCorp, we are pleased to offer you on -line decision- support products for employment and background checks, and access to the largest criminal database available - at the deeply discounted rate of $9.95 per check (a savings of more than $40). For more information on how to get started using this resource, log -in to the member secure site at: www.niac.org; or contact our Director of Loss Control via phone at 831 - 459 -0980 x76 or via email: IosscontrolO. insurancefornonorofits. org Don't have a member log -in and password yet? Send the following information in an email to webmaster(@.insurancefornonprofits.org Full name of the individual requesting a new log -in Their phone number Their email address And - Your NIAC member ID number ... OR ... the full name and address of your organization If you have any questions or need additional assistance, please contact our background check coordinator, at 831 -459 -0980 x66. AII0* Nonprofits' Insurance Alliance of California A HEAD FOR INSURANCE ... A HEART FOR NONPROFITS P.O. Box 8507 • Santa Cruz • CA 95061 -8507 Phone: (831) 45M980 • (800) 359 -6422 • Fax: (831) 621 -6124 ww .niac.org N1AC is a nonprofit 501(c)(3) tax - exempt organization ISC Coverage Background Check Requirement Frequently Asked Questions Are we required to do Fingerprinting AND Criminal History Background Checks? No. Criminal history background checks are done using identifiers. One type of identifier is a fingerprint. Other identifiers include date of birth, social security number, full name, address. It does not matter what type of identifier your check uses or which vendor you select. How often are we required to do Criminal History Background Checks? An employee /volunteer only needs to be checked once for the duration of their time with your organization. We sent in our ISC Background Check Verification Form last year. Why do we have to complete it again? This form verifies that your organization is aware of the requirement and that you have an ongoing process/system in place to perform checks. A new form is required in conjunction with each policy year. We are required by taw to complete criminal background checks/fingerprinting. Does this meet the ISC coverage requirement? Yes. If your organization is required for any reason other than insurance to perform background checks/fingerprinting on your employees /volunteers, you have met the requirement. Just complete and submit the Background Check Verification Form. Who needs to be checked? Employees and/or volunteers who will have regular contact (or time) with your "high risk" clients (e.g., children, the elderly, the disabled of any age). For some organizations, this may mean that everyone gets checked. For others, it may mean that only those employees /volunteers working with certain programs you offer. Do we send you copies of the background checks? No. This is confidentiallprivileged information between your organization and the person checked. It should be kept only by one custodian of records in your organization, in a secure location. Do NOT share any background check results with your insurance company, your broker, or other people in your organization. None of our employees/ volunteers are ever in a one-on -one situation with our clients. Are we exempt from the requirement? No. The requirement is not limited to one -on -one situations. It extends to anyone having close, regular contact (physical or otherwise) with "high risk" clients. Our policy states that employees /volunteers are never to go into the homes of our clients. Does this exempt us from the requirement? No. Rules and regulations are not always followed and therefore are not sufficient to safeguard your clients from exploitation. If any of your employees/volunteers visit a client's home for any reason, you must have them checked. We have a lot of volunteers who are `one time" volunteers. Do they have to be checked? No. We understand the logistics of coordinating a check for volunteers who show up to help with a large event or any other one time situation. We do not require checks for this type of volunteer. (NOTE: Anyone who volunteers more than "one time" needs to be checked, i.e, volunteers who dedicate one hour once a week.) Our employees are teachers and/or counselors who are fingerprfntedlbackground checked as part of their certification. Do they need to be checked again by our organization? No. Employees who are checked in order to maintain their credential /license are not required to be checked again. We utilize volunteers from local businesses. If the employer has already background checked the employee (our volunteer) and we can get confirmation of that from the employer, will that satisfy the requirement? Yes. As long as you get confirmation from any local businesses you are partnering with that they have conducted background checks on the involved employees, you will satisfy the requirement. We highly recommend you get this confirmation in writing on their letterhead and maintain a copy in your files. What if the background check results come back with some criminal activity? Can we hire/do we have to fire the employee? As your insurance carrier, we do not get involved in your hiring or firing decisions. We only require you do the background checks as a risk management tool, so that you are making an informed decision on who you employ. What you decide to do with the information you discover through the background checks is solely the decision of your organization. We really do not feel that this requirement should apply to our organization. What steps can we take to get an exemption? You need to send us a letter on your letterhead, stating your request for an exemption. Be very specific as to the reasons you feel your organization should be exempted. After your request has been reviewed, we will advise you in writing of our decision. If you are not granted an exemption and you choose not to comply with the criminal history background check requirement, we will cease to provide the ISC coverage for your agency. If you have any questions or need additional assistance, please contact our background check coordinator, at 831 -459 -0980 x66. �J& Nonprofits' Insurance Alliance of California A HEAD FOR WSUR"E ... A HEART FOR NONPRoras P.O. Box 8507 • Santa Cruz • CA 95061 -8507 (831) 459 -0960 • (800) 359 -6422 • Fax: (831) 621 -6124 w .niac.org NIAC is a nonprofit 501(c)(3) tax - exempt organization ISC Coverage Background Check Verification Form This form must be signed and submitted to NIAC within 30 days to verify your compliance with our Background Check Requirement. By signing this form, you confirm that you understand: 1) Your organization is required to conduct a background check for any employee or volunteer who works with high risk clients (e.g., youth, senior citizens, or the developmentally disabled of any age). 2) You must use a reputable Background Check vendor. Newport Elementary School Foundation Name of your Organization 2010 -10239 Policy Number Name of Background Check Vendor Used Date Signature of Board Chair, Executive Director, or Record Custodian Return this form to us via one of the following methods: MAIL FAX E -MAIL NIAC (831) 621 -6124 iscbcc @insurancefornonprofits.org Attn: Background Check Coordinator Attn: Background Check Coordinator P.O. Box 8507 Santa Cruz CA 95061 -8507 If you have questions or need assistance, please contact our background check coordinator at 831 - 459 -0980 x66. P.O. Box 8507, Santa Cruz, CA 95061 P:(800)359 -6422 F: (831) 459 -0853 'J& Nonprofits' Insurance Alliance of California AN FOR P15UWKE... A fEW FOR NMNPROFIR COMMERCIAL LIQUOR LIABILITY COVERAGE PART DECLARATIONS PRODUCER: Heffernan Insurance Brokers 1350 Cadback Ave. Suite 200 Walnut Creek, CA 94596 NAME OF INSURED AND MAILING ADDRESS: Newport Elementary School Foundation P.O. Box 15834 Newport Beach, CA 92659 POLICY NUMBER: 2010 - 10239 -NPO RENEWAL OF NUMBER: 2009 - 10239 -NPO POLICY PERIOD: FROM 11/05/2010 TO 11/0512011 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: After school program IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. LIMITS OF COVERAGE: GENERAL AGGREGATE LIMIT ........ ............................... $ 1,000,000 EACH COMMON CAUSE LIMIT ........ ............................... $ 1,000,000 PREMIUM: Included FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT THE TIME OF ISSUANCE: CG 00 33101 96 THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. COUNTERSIGNED: 10/06/2010 BY (AUTHORIZED REPRESENTATIVE) NIAC - LL -NPO (01609) INDEX OF FORMS ATTACHED TO THE POLICY POLICY NUMBER: 2010 -10239 - NPO NAME OF INSURED: Newport Elementary School Foundation Page 1 LIABILITY FORMS AND ENDORSEMENTS FORM NUMBER/EDITION DATE Commercial General Liability Coverage Part Declarations NIAC- GL -NPO Commercial Liquor Liability Coverage Part Declarations NIAC- LL -NPO Improper Sexual Conduct Liability Coverage Part Declarations NIAC- SC -NPO Business Auto Coverage Part Declarations NIAC- AL -NPO Commercial General Liability Class Code Schedule SCHEDULE G 101 80 Commercial General Liability Location Schedule SCHEDULE 1-10180 Business Auto Coverage Schedule SCHEDULE BA/01 80 Commercial General Liability Coverage Form CG 00 01107 98 Nonprofits' OWN Enhancement Endorsement NPO- 001/04 09 Improper Sexual Conduct Exclusion NIAC -X1/08 02 Member Criteria NIAC- E3/1 -99 Employee Benefits Liability Endorsement Claims Made Form NIAC -E6102 07 Exclusion of Coverage for Claims By and Related to Past and Present Employees NIAC -E7 /10 04 Fireworks Exclusion NIAC- E1117 -92 Nuclear Energy Liability Exclusion Endorsement NIAC- E12/5 -92 Blood Testing Exclusion NIAC- E15/02 09 Asbestos Exclusion NIAC- E22/8 -95 Additional Insured - Designated Person or Organization NIAC- E25101 98 Property Damage to Personal Property in the Care, Custody or Control of the Insured NIAC- E28/1 -99 Employee Personal Auto Reimbursement NIAC- E29/12 09 Additional Insured - Volunteers NIAC- E30 /4 -00 Social Service Professional Liability Endorsement NIAC- E32/05 08 Mold, Fungus Exclusion NIAC- E33/1 -02 Nuclear, Chemical and Biological Hazard Exclusion NIAC- E42107 06 Electronic Data Liability - Including Identity Theft NIAC- E52/09 09 Liquor Liability Coverage Form CG 00 3310196 Additional Insured - Owners, Lessees or Contractors CG 20 10/07 04 Additional Insured - Managers or Lessors of Premises CG 20 11/01 96 Additional Insured - State or Political Subdivisions - Permits CG 20 12/07 98 Additional Insured - Mortgagee, Assignee or Receiver CG2018/11 -85 Additional Insured - Charitable Institutions CG2020/11 -85 Additional Insured - Designated Person or Organization CG 20 26/07 04 Additional Insured - Lessor of Leased Equipment - Automatic Status - Lease CG 20 34/07 04 Additional Insured - Owners, Lessees or Contractors - Completed Operations CG 20 37/07 04 Designated Professional Services Exclusion CG 21 16 s /07 98 Exclusion of Certified Acts of Terrorism CG 21 73/01 08 Products /Completed Operations Hazard Redefined CG2407/11 -85 Amendment - Aggregate Limits of Insurance (Per Location) CG2504111 -85 Liability Arising Out of Lead Exclusion CG7794/04 93 Common Policy Conditions IL 00 17/11 98 California Changes - Cancellation and Nonrenewal IL 02 70/1104 Improper Sexual Conduct Liability Coverage Form, Event Trigger NIAC - ISCET /06 09 This list of forms is not part of the actual policy, but is for your information only. Please refer to the policy(s) for actual limits, coverages and exclusions. COMMERCIAL GENERAL LIABILITY CG 00 0107 98 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we ", "us" and "our" refer to the company providing this insur- ance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; and (2) The "bodily injury" or "property damage" occurs during the policy period. c. Damages because of "bodily injury" include damages claimed by any person or organiza- tion for care, loss of services or death resulting at anytime from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. a. We will pay those sums that the insured be- b. Contractual Liability comes legally obligated to pay as damages be- cause of "bodily injury' or "property damage" to "Bodily injury" or "property damage" for which which this insurance applies. We will have the the insured is obligated to pay damages by right and duty to defend the insured against any reason of the assumption of liability in a con - "suit" seeking those damages. However, we will tract or agreement. This exclusion does not have no duty to defend the insured against any apply to liability for damages: "suit" seeking damages for "bodily injury' or (1) That the insured would have in the absence "property damage" to which this insurance does of the contract or agreement; or not apply. We may, at our discretion, investi- "occurrence" (2) Assumed in a contract or agreement that is gate any and settle any claim or an "insured contract ", provided the "bodily "suit" that may result. But: injury' or "property damage" occurs subse- (1) The amount we will pay for damages is quent to the execution of the contract or limited as described in Section 111 — Limits agreement. Solely for the purposes of liabil- Of Insurance; and ity assumed in an "insured contract ", rea- (2) Our right and duty to defend end when we sonable attorney fees and necessary litiga- have used up the applicable limit of insur- tion expenses incurred by or for a party ance in the payment of judgments or set- other than an insured are deemed to be tlements under Coverages A or B or medi- damages because of "bodily injury" or cal expenses under Coverage C. "property damage ", provided: No other obligation or liability to pay sums or (a) Liability to such party for, or for the cost perform acts or services is covered unless ex- of, that party's defense has also been plicitly provided for under Supplementary Pay- assumed in the same "insured contract"; ments — Coverages A and B. and CG 00 0107 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 13 ❑ (b) Such attorney fees and litigation ex- f. Pollution penses are for defense of that party (1) "Bodily injury" or "property damage" arising against a civil or alternative dispute reso- out of the actual, alleged or threatened dis- lution proceeding in which damages to charge, dispersal, seepage, migration, re- which this insurance applies are alleged, lease or escape of "pollutants ": c. Liquor Liability (a) At or from any premises, site or location "Bodily injury" or "property damage" for which which is or was at any time owned or any insured may be held liable by reason of: occupied by, or rented or loaned to, any (1) Causing or contributing to the intoxication of insured. However, this subparagraph any person; does not apply to: (2) The furnishing of alcoholic beverages to a (I) "Bodily injury" if sustained within a person under the legal drinking age or un- building and caused by smoke, der the influence of alcohol; or fumes, vapor or soot from equipment used to heat that building; (3) Any statute, ordinance or regulation relating (r) injury" or "property damage" to the sale, gift, distribution or use of afco- to for which you may be held liable, if holic beverages. you are a contractor and the owner This exclusion a lies only if u are in the pP y you or lessee of such premises, site or business of manufacturing, distributing, selling, location has been added to your pol- serving or furnishing alcoholic beverages. icy as an additional insured with re- d. Workers' Compensation And Similar Laws spect to your ongoing operations per - Any obligation of the insured under a workers' formed for that additional insured at that premises, site or location and compensation, disability benefits or unemploy- such premises, site location is not ment compensation law or any similar law. and never was owned d or occupied e. Employer's Liability by, or rented or loaned to, any in- 'Bodily injury" to: sured, other than that additional in- (1) An "employee" of the insured arising out of sured; or and in the course of: (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes (a) Employment by the insured; or from a "hostile fire "; (b) Performing duties related to the conduct (b) At or from any premises, site or location of the insured's business; or which is or was at any time used by or (2) The spouse, child, parent, brother or sister for any insured or others for the han- of that "employee" as a consequence of dling, storage, disposal, processing or Paragraph (1) above. treatment of waste; This exclusion applies: (c) Which are or were at any time trans- (1) Whether the insured may be liable as an ported, handled, stored, treated, dis- employer or in any other capacity; and posed of, or processed as waste by or for any insured or any person or organi- (2) To any obligation to share damages with or nation for whom you may be legally re- repay someone else who must pay dam - sponsible; or ages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". Page 2 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 0107 98 ❑ (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations if the "pollutants" are brought on or to the premises, site or lo- cation in connection with such opera- tions by such insured, contractor or sub- contractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lu- bricants or other operating fluids which are needed to perform the normal electrical, hydraulic or me- chanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or re- lease of the fuels, lubricants or other operating fluids, or if such fuels, lu- bricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being per- formed by such insured, contractor or subcontractor; (ii) "Bodily injury' or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connec- tion with operations being performed by you or on your behalf by a con- tractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire ". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants ". (2) Any loss, cost or expense arising out of any (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of, "pollutants "; or (b) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants ". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a govern- mental authority. g. Aircraft, Auto Or Watercraft "Bodily injury' or "property damage" arising out of the ownership, maintenance, use or en- trustment to others of any aircraft, "auto" or wa- tercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading ". This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured con- tract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f,(2) or f.(3) of the defini- tion of "mobile equipment ". CG 00 0107 98 Copyright, Insurance Services Office, Inc., 1997 Page 3 of 13 13 In. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment' by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment' in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. War "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- tion, rebellion or revolution. This exclusion ap- plies only to liability assumed under a contract or agreement. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the 'property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the 'property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced be- cause "your work" was incorrectly per- formed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to 'property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you for a pe- riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work' and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a side- track agreement. 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 it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard ". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a sub- contractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or danger- ous condition in "your product' or "your work "; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and ac- cidental physical injury to "your product' or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replace- ment, adjustment, removal or disposal of: (1) "Your product; (2) "Your work "; or (3) 'Impaired property "; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of 'personal and ad- vertising injury". Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporar- ily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. Page 4 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 0107 98 ❑ COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages be- cause of "personal and advertising injury' to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and ad- vertising injury" to which this insurance does not apply. We may, at our discretion, investi- gate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments — Coverages A and B. b. This insurance applies to "personal and adver- tising injury' caused by an offense arising out of your business but only if the offense was com- mitted in the "coverage territory" during the pol- icy period. 2. Exclusions This insurance does not apply to: a. "Personal and advertising injury": (1) Caused by or at the direction of the insured with the knowledge that the act would vio- late the rights of another and would inflict "personal and advertising injury" (2) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; (3) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; (4) Arising out of a criminal act committed by or at the direction of any insured; (5) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (6) Arising out of a breach of contract, except an implied contract to use another's adver- tising idea in your "advertisement "; (7) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "adver- tisement' (8) Arising out of the wrong description of the price of goods, products or services stated in your "advertisement'; (9) Committed by an insured whose business is advertising, broadcasting, publishing or telecasting. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions Section; or (10) Arising out of the actual, alleged or threat- ened discharge, dispersal, seepage, migra- tion, release or escape of "pollutants" at any time. b. Any loss, cost or expense arising out of any: (1) Request, demand or order that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants "; or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or as- sessing the effects of, "pollutants ". COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the acci- dent; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. CG 00 0107 98 Copyright, Insurance Services Office, Inc., 1997 Page 5 of 13 13 b. We will make these payments regardless of fault. These payments will not exceed the ap- plicable limit of insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, including prosthetic de- vices; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally occu- pies. d. To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. To a person injured while taking part in athlet- ics. f. Included within the "products- completed opera- tions hazard ". g. Excluded under Coverage A. h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investi- gate 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 be- cause of accidents or traffic law violations aris- ing out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. e. All costs taxed against the insured in the "suit". f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment in- terest based on that period of time after the of- fer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and be- fore we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks dam- ages for which the insured has assumed the li- ability of the indemnitee in a contract or agree- ment that is an "insured contract "; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been as- sumed by the insured in the same "insured contract'; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the inter- ests of the insured and the interests of the in- demnitee; e. The indemnitee and the insured ask us to con- duct and control the defense of that indemnitee against such "suit" and agree that we can as- sign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit" (b) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the "suit "; (c) Notify any other insurer whose coverage is available to the indemnitee; and d. All reasonable expenses incurred by the in- (d) Cooperate with us with respect to coor- sured at our request to assist us in the investi- dinating other applicable insurance gation or defense of the claim or "suit ", includ- available to the indemnitee; and ing actual loss of earnings up to $250 a day because of time off from work. Page 6 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 0107 98 ❑ (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit "; and (b) Conduct and control the defense of the indemnitee in such "suit ". So long as the above conditions are met, attor- neys' fees incurred by us in the defense of that in- demnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Cov- erage A — Bodily Injury And Property Damage Li- ability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litiga- tion expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insur- ance in the payment of judgments or settle- ments; or b. The conditions set forth above, or the terms of the agreement described in Paragraph I. above, are no longer met. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insur- eds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your "employees ", other than either your "ex- ecutive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "em- ployees" is an insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liabil- ity company), or to a co- "employee" while that co- "employee" is either in the course of his or her employment or per- forming duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" as a conse- quence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (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 be- ing exercised for any purpose by you, any of your "employees ", any partner or member (if you are a partnership or joint venture), or any member (if you are a lim- ited liability company). b. Any person (other than your "employee "), or any organization while acting as your real es- tate manager. c. Any person or organization having proper tem- porary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. CG 00 0107 98 Copyright, Insurance Services Office, Inc., 1997 Page 7 of 13 ❑ d. Your legal representative if you die, but only with respect to duties as such. That representa- tive will have all your rights and duties under this Coverage Part. 3. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your per- mission. Any other person or organization respon- sible for the conduct of such person is also an in- sured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury' to a co- "employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an in- sured under this provision. 4. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard "; and c. Damages under Coverage B. 3. The Products - Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed op- erations hazard ". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "per- sonal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property dam- age" arising out of any one "occurrence ". 8, Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months, In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Page 8 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 0107 98 ❑ SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit ": and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the in- sured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur- ance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal represen- tative. 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method de- scribed in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional in- sured by attachment of an endorsement. CG 00 0107 98 Copyright, Insurance Services Office, Inc., 1997 Page 9 of 13 13 When this insurance is excess, we will have no duty under Coverages A or B to defend the in- sured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other in- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insur- ance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contrib- utes equal amounts until it has paid its applica- ble limit of insurance or none of the loss re- mains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of in- surance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit pre- miums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products or ser- vices for the purpose of attracting customers or supporters. 2. "Auto" means a land motor vehicle, trailer or semi- trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment ". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. c. The first Named Insured must keep records of 4. "Coverage territory" means: the information we need for premium computa- tion, and send us copies at such times as we a. The United States of America (including its may request. territories and possessions), Puerto Rico and Canada; Page 10 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 01107 98 b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your busi- ness; and (2) The insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a set- tlement we agree to. 5. "Employee" includes a "leased worker ". "Employee" does not include a "temporary worker ", 8. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by -laws or any other similar governing document. T. "Hostile fire" means one which becomes uncontrol- lable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work ", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or re- moval of "your product" or "your work "; or b. Your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organiza- tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured con- tract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property dam- age" to a third person or organization. Tort li- ability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or fail- ing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in (2) above and supervisory, inspection, ar- chitectural or engineering activities. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker ". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto'; b. While it is in or on an aircraft, watercraft or "auto "; or CG 00 0107 98 Copyright, Insurance Services Office, Inc., 1997 Page 11 of 13 ❑ c. While it is being moved from an aircraft, water- craft or "auto" to the place where it is finally de- livered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not at- tached to the aircraft, watercraft or "auto ". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self - propelled and are maintained primarily to provide mobility to permanently at- tached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos ": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. 13. "Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or Invasion of the right of private occupancy of a room, dwelling or premises that a person oc- cupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slan- ders or libels a person or organization or dis- parages a person's or organization's goods, products or services; e. Oral or written publication of material that vio- lates a person's right of privacy; f. The use of another's advertising idea in your "advertisement "; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement ". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products- completed operations hazard ": a. Includes all "bodily injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or 'your work" except: (1) Products that are still in your physical pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the fol- lowing times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your con- tract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. Page 12 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 01 07 98 13 b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equip- ment or abandoned or unused materials; or (3) Products or operations for which the classi- fication, listed in the Declarations or in a pol- icy schedule, states that products - completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this in- surance applies are alleged. "Suit" Includes: 20. "Your product" means: a. Any goods or products, other than real prop- erty, manufactured, sold, handled, distributed, or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durabil- ity, performance or use of "your product "; and b. The providing of or failure to provide warnings or instructions. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 21. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in con- nection with such work or operations. "Your work" includes: a. An arbitration proceeding in which such dam- a. Warranties or representations made at any ages are claimed and to which the insured time with respect to the fitness, quality, durabil- must submit or does submit with our consent; ity, performance or use of "your work "; and or b. The providing of or failure to provide warnings b. Any other alternative dispute resolution pro- or instructions. ceeding in which such damages are claimed and to which the insured submits with our con- sent. 19. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. CG 00 0107 98 Copyright, Insurance Services Office, Inc., 1997 Page 13 of 13 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONPROFITS' OWN ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Except where designated below, the terms of the coverage part to which this endorsement is attached apply to the insurance provided by this endorsement. I. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS The following is a summary of additional coverages and limits provided by this endorsement: Non -owned Watercraft (up to 75 feet) Supplementary Payments — Bail Bonds Supplementary Payments — Investigation or Defense Newly Formed Entities - until end of policy period Workplace Violence Counseling Unsatisfied Contributions Identity Theft Expense Terrorism Travel Reimbursement Kidnap Expense Executive Recruitment Expense Abuse of Process Damage to Property of Others Limit N/A $5,000 $1,0001 per day N/A $50,000 $25,000 $30,000 $30,000 $50,000 $50,000 Included P 000 Occurrence/ 25,000 Aggregate NPO -001 04 09 Page 1 of 5 II. ADDITIONAL COVERAGES Non -owned Watercraft COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2.g. Exclusions, Aircraft, Auto, or Watercraft Subparagraph (2) (a) is replaced by the following: (a) Less than 75 feet long; and Supplementary Payments — Bail Bonds Supplementary Payments — Coverages A and B, Paragraph 1. b. is replaced by the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Supplementary Payments — Investigation or Defense Supplementary Payments — Coverages A and B, Paragraph 1. d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $1,000 a day because of time off from work. Newly Formed Entities Section II — Who is an Insured, Paragraph 4. a. is replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. Workplace Violence Counseling We will pay, with respect to an act of "workplace violence" during the policy period, all reasonable expenses you incur for psychological counseling of your "employees" during the following six months, up to an annual aggregate amount of $50,000. This coverage is subject to Exclusion 2.d. of Section I, Coverage A, regarding workers' compensation and similar laws. Unsatisfied Contributions We will pay, with respect to an "unsatisfied contribution," the unpaid balance of a prior written pledge to contribute, up to an annual aggregate amount of $25,000 for all such claims. This Additional Coverage does not apply to: 1. An "unsatisfied contribution" from a donor who filed for, or who was in, bankruptcy before you received the donor's written pledge to contribute: 2. Any amount in excess of the fair market value of an "unsatisfied contribution" of goods, services or property; 3. An "unsatisfied contribution" where either the donor or you believed at the time of the written pledge that the donor would not be able to contribute the full amount pledged; NPO-001 04 09 Page 2 of 5 4. An "unsatisfied contribution" arising out of a written pledge made prior to the policy period; 5. An "unsatisfied contribution" first known to you after the policy period. Identity Theft Expense We will reimburse any current "Member ", except the "Organization ", for necessary and reasonable "Identity Theft Expense" due to an "Identity Theft" first discovered by the "Member" during the policy period, reported to us within 60 days after discovery, and if the "Identity Thefr' occurred while the "Member" was acting within the scope of employment for the "Organization." This additional coverage is subject to an annual aggregate of $30,000, which is the most we will pay for the sum of all 'Identity Theft Expense" claims under this policy. Terrorism Travel Reimbursement We will reimburse any current "Member" for necessary and reasonable "Extraordinary Travel Expense" incurred because of a "Certified Act of Terrorism" during the policy period. This additional coverage is subject to an annual aggregate of $30,000, which is the most we will pay for the sum of all "Extraordinary Travel Expense" claims under this policy. Kidnap Expense We will reimburse necessary and reasonable expenses incurred by the "Organization" resulting directly from the kidnapping of a "Member" or a "Relative" during the policy period. This additional coverage is subject to an annual aggregate of $50,000, which is the most we will pay for the sum of all kidnap expense claims under this policy. Necessary and reasonable kidnap expenses include: 1. Fees and costs of independent negotiators; 2. Travel costs and accommodations incurred by a "Member" or a "Relative "; 3. Salary paid by the "Organization" to a "Member" who is kidnapped, from the date of abduction to the earliest of: a. Up to 30 days after release if the kidnapped "Member" has not yet returned to work; b. Discovery of the kidnapped "Member's" death; c. 120 days after the last credible evidence following abduction that the kidnapped "Member" is still alive; or d. 60 months after the "Member's" abduction. 4. Interest costs for any loan from a financial institution taken by the "Organization" to pay a ransom demand; 5. Reward money paid by the "Organization" to an informant, other than a "Member' or a "Relative ", that leads to the arrest and conviction of parties responsible for loss under this additional coverage. NPO -001 04 09 Page 3 of 5 Executive Recruitment Expense We will reimburse necessary and reasonable extra expense incurred to recruit a person to replace the Chief Executive Officer or Executive Director of the "Organization" if the Chief Executive Officer or the Executive Director dies by accident during the policy period. Such extra expense includes amounts paid by the "Organization" for advertising, travel reimbursement, legal costs and executive search firm consulting fees. This additional coverage is subject to an annual aggregate of $50,000, which is the most we will pay for the sum of all recruitment expense claims under this policy. Abuse of Process Section V — Definitions, Paragraph 14.b. is replaced by the following: b. Malicious prosecution or abuse of process; Damage to Property of Others We will pay for damage to property of others when such damage is the result of an act committed by a client of the first Named Insured, and the property damaged is owned by someone other than the Named Insured or any of the Named Insured's clients, employees or volunteers. This additional coverage is subject to an occurrence limit of $5,000 for any act, and an annual aggregate of $25,000. III. ADDITIONAL DEFINITIONS "Cerfified Act of Terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. "Extraordinary Travel Expense" means necessary and reasonable hotel expense incurred within 48 hours of a "Certified Act of Terrorism" that caused a "Member's" commercial train trip or airline flight to be cancelled, as well as the increased amount necessarily and reasonably incurred by the "Member" due to rescheduling train or airline transportation that was cancelled as a result of a "Certified Act of Terrorism ". "Identity Theft' means fraudulent use of the social security number or other method of identifying a current "Member", except the "Organization ", and includes fraudulently using the personal identity of the "Member" to establish credit, secure loans, enter into contracts or commit crimes. "Identity Theft Expense" means necessary and reasonable expense for: 1. Costs of re- filing applications for loans, grants or other credit instruments that are rejected solely as the result of an 'Identity Theft"; 2. Costs of notarizing affidavits or other similar documents, long distance telephone calls and postage solely as a result of the "Member's" efforts to report an "Identity Theft" or amend or rectify records with respect to the "Member's" true name or identity as a result of an "Identity Theft". "Member" means the "Organization" and any natural person who was, is, or becomes duly elected a director or trustee, or duly elected or appointed officer, employee, committee member, volunteer, intern or student in training of the "Organization ", solely in his or her capacities as such. "Member" also means the spouse of a director, trustee, officer, employee, committee member, volunteer, intern or student in training for a claim arising solely out of his or her status as the spouse of a member. NPO -001 04 09 Page 4 of 5 "Organization" means the entity(ies) designated as insured in the declarations. "Relative" means the spouse, parent, child (including a ward or foster child) or legally recognized domestic partner of a "Member". "Unsatisfied contribution" means a contribution of money, goods, services or property, pledged to you in writing, that is not honored because of the donor's bankruptcy, reorganization, unemployment or incapacitation where such bankruptcy, reorganization, unemployment or incapacitation prevents the donor from fulfilling its terms of the contribution. "Workplace violence" means any intentional threat or act of deadly force occurring on your premises and resulting in "bodily injury" to your "employee° or to your guest. NPO -001 04 09 Page 5 of 5 , t Nonprofits' Insurance Alliance of California ARWFOR NSURANa... ANEW 102 NONPRORIS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY IMPROPER SEXUAL CONDUCT EXCLUSION This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SOCIAL SERVICE PROFESSIONAL LIABILITY ENDORSEMENT The insurance provided by this policy affords NO COVERAGE with respect to any claim, suit or cause of action which arises from, or is in any way related to: A. Any form of sexual misconduct, including but not limited to sexual abuse, sexual molestation, sexual harassment, sexual assault, sexual battery, sexual exploitation, or sexual injury, whether actual or threatened, committed or allegedly committed by any Named Insured, insured or: 1. any Nonprofits' Insurance Alliance of California member; 2. any employee or volunteer of any Nonprofits' Insurance Alliance of California member; 3. any other person performing services for or on behalf of any Nonprofits' Insurance Alliance of California member; 4. any client, participant, service recipient, student or patient of any Nonprofits' Insurance Alliance of California member; or 5. any person relating to or in any way interacting with any Nonprofits' Insurance Alliance of California member; or B. Employment practices concerning a person who commits or allegedly commits any of the acts cited in paragraph A above, including but not limited to hiring, reference checks, background investigation, improper or inadequate supervision or failure to suspend, discipline or terminate; or C. Failure to report an incident of any form of sexual misconduct, including but not limited to sexual abuse, sexual molestation, sexual harassment, sexual assault, sexual battery, sexual exploitation, or sexual injury, to the proper authorities, or the withholding of pertinent information concerning same from such authorities. This exclusion shall apply regardless of the legal form ANY claim or complaint may take, and shall apply to each and every cause of action and allegation contained in a claim or complaint if ANY cause of action or allegation in that claim or complaint in ANY manner sets forth an allegation of ANY form of sexual misconduct. For example, if a claim is made or a complaint is filed against an individual or entity referred to in paragraph A above, there is NO COVERAGE for ANY individual or entity under the policy, regardless of ANY other coverage provisions that might otherwise apply. NIAC X1 08 02 Page 1 of 2 BINDING ARBITRATION CLAUSE All disputes which may arise under or in connection with the applicability of this exclusion shall be submitted to the American Arbitration Association under and in accordance with its then prevailing commercial arbitration rules. The arbitration shall be held in San Francisco, California. The decision rendered by the arbitration shall be final and binding upon all parties and judgment thereon may be entered in any court having jurisdiction thereof. COVERAGE AVAILABLE (OPTIONAL) IMPROPER SEXUAL CONDUCT LIABILITY COVERAGE Coverage for sexual misconduct may be purchased as an optional coverage. This optional sexual misconduct coverage is provided only by the Improper Sexual Conduct Liability Coverage Form. Such coverage is provided only if the coverage is shown in the Declarations, the additional premium indicated has been paid and the Improper Sexual Conduct Liability Coverage Form has been attached to this insurance policy. NIAC X1 08 02 Page 2 of 2 A& Nonprofits' Insurance AAianee of California .�¢roia wwwn ..�ev�rauo,e,vm THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY MEMBER CRITERIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART IMPROPER SEXUAL CONDUCT LIABILITY COVERAGE PART A named insured of the Nonprofits' Insurance Alliance of California (NIAC) must meet at least the following criteria: is organized chiefly to provide or fund health or human services, but does not include a hospital; 2. is incorporated in California or qualified to do business in California and is an organization described in section 501(c)(3) of the Internal Revenue Code and exempt from tax under section 501(a), or any corresponding sections of any future federal tax code. Any member which receives a final determination that it no longer qualifies as an organization described in section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future tax code, shall immediately notify the corporation of such determination and the effective date of such determination. MAC -E3 (1/99) Nonprofits' Insurance Alliance of California •ww x..w..Vm . +w..iaxao.wc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY ENDORSEMENT CLAIMS MADE FORM COVERAGE AGREEMENTS DEFINITIONS 1. COVERAGE. We agree, subject to the limitations, This Employee Benefits Liability Endorsement is subject terms and conditions hereinafter mentioned, to pay to all the definitions in the Commercial General Liability on behalf of the insured those sums which the Coverage Form to which this Endorsement is attached. in insured becomes legally obligated to pay as direct or addition, the following definitions apply to this Employee consequential damages arising out of any negligent Benefits Liability Endorsement: act(s), errors(s) or omission(s) of the insured or any other person for whose negligent act(s), errors) or I. Claim: The term "claim" means: omission(s) the insured is legally liable in the a) any demand, charge, or suit for damages, "administration" of the insured's "employee benefits compensation or services by any employee(s) program ". of the insured or beneficiaries or legal representatives thereof, against the insured as a This insurance applies to negligent act(s), error(s) or result of any negligent act(s), error(s) or omission(s) only if omission(s) in the "administration" of the insured's "employee benefits program ". a) the negligent act(s), error(s) or omission(s) 2. Claim Expenses: The term "claim expenses" means: takes place after the retroactive date, if any, a) claim investigation costs; shown on the Commercial General Liability b) legal expenses; Coverage Part Declarations (NIAC -GL), and c) litigation costs, including but not limited to pre before the end of the policy period; and and post judgment interest as required by law b) a "claim is first made against any insured in on awards and judgments, and the cost of accordance with terms of this Endorsement bonds to release attachments or to appeal during the policy period. which can be directly allocated to a "claim ". We shall not be obligated to pay "claim 11. LIMITS OF INSURANCE. In respect to each expenses" after our Limit of Insurance as "claim ", we shall only be liable for the total amount respects each "claim" has been exhausted. of damages in excess of the insured's deductible, if 3. Employee Benefits Program: The term "employee any, and then only for the same Limit of Insurance benefits program' means: shown as the Each Occurrence Limit in the Limits of a) group life insurance, group accident or health Coverage on the Commercial General Liability insurance, investment plans or savings plans, Coverage Part Declarations. This Endorsement does profit sharing plans, pension plans and stock not increase the Limit of Insurance. subscription plans, provided that no one other than an employee of the insured may subscribe Subject to the foregoing Limit of Insurance in to such insurance or plans; respect to each 'claim ", the limit stated in the Limits b) unemployment insurance, social security of Coverage on the Commercial General Liability benefits, worker's compensation and disability Coverage Part Declarations as General Aggregate benefits; or Limit shall be the total limit of our liability in c) any other similar plan designated and added payment of damages because of all `claims" made hereto by endorsement. during each annual policy period arising out of the 4. Administration: The unqualified word "administra- "administration" of the insured's "employee benefits tion ", means: program ". a) giving information to employees with respect to "employee benefits programs"; The inclusion or addition hereunder of more than b) interpreting "employee benefits programs "; one insured shall not operate to increase our Limit of c) handling of records in connection with Insurance. "employee benefits programs"; or NIAC -E6 (2/07) Page I of 2 d) effecting enrollment of employees under "employee benefits programs "; provided that all such "administration is performed by a person authorized by the insured. EXCLUSIONS This Employee Benefits Liability Endorsement is subject to all the exclusions in the Commercial General Liability Coverage Form to which this Endorsement is attached. In addition, this Employee Benefits Liability Endorsement does not apply: a) to any dishonest, fraudulent, criminal or malicious act, error or omission; b) to bodily injury or property damage as defined in the attached Commercial General Liability Coverage Form; c) to personal injury or advertising injury as defined in the attached Commercial General Liability Coverage Form; d) to any "claim" based on the insured's failure to comply with federal "Employee Retirement Income Security Act of 1974 ", including any changes to it; e) to any "claim" for failure of performance of any contract by any insured, insurer or self - insurer; f) to any "claim" based upon the insured's failure to comply with any law concerning workers' compensation, unemployment insurance, social security, or disability benefits; g) to any "claim" based upon failure of investment, including but not limited to stocks, bonds, mutual funds, to perform as represented by an insured; h) to any "claim" based upon direction given by an insured to participate or not to participate in any "employee benefits program"; or i) to actual or alleged discrimination including but not limited to discrimination based on race or national origin, religion or creed, age, sex, physical disabil- ity, military status, or employment practices whether or not any of the foregoing violated any federal, state or local govern- mental or regulation prohibiting such discrimination. CONDITIONS The Employee Benefits Liability Endorsement is subject to all the conditions of the Commercial General Liability Coverage Form to which this Endorsement is attached and to the following additional special conditions: 1. This coverage does not apply to "claims" made prior to the retroactive date shown on the Commercial General Liability Coverage Part Declarations (NIAC -GL). 2. If the Insured has other insurance against a loss covered by this Endorsement, we shall not be liable under this Endorsement for a greater proportion of such loss than the limit of liability stated in the Commercial General Liability Coverage Part Declarations bears to the total limit of liability of all valid and collectible insurance against such loss. However, with respect to negligent acts, errors or omissions which occur prior to the effective date of this Endorsement, the insurance hereunder shall apply only as excess insurance over any other valid and collectible insurance and shall then apply only in the amount by which the applicable limit of liability of this Endorsement exceeds the sum of the applicable limits of liability of all such other insurance. 3. All "claims" based on or arising out of the same negligent acts, errors or omissions by one or more insureds shall be considered first made when the first of such "claims" is made. Only one deductible and one Limit of Insurance shall apply to such single "claim ". NIAC -E6 (2107) Page 2 of 2 .44* Nonprofits' Insurance Alliance of California n""Mi ...AKMrrG1gMlipil$ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF COVERAGE FOR CLAIMS BY AND RELATED TO PAST AND PRESENT EMPLOYEES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This coverage does not apply to: Any claim by, or liability to, any "employee claimant" or to any obligation to indemnify another because of any claim by or liability to an "employee claimant." Additional definition applicable to this exclusion: "Employee claimant" includes, but is not limited to, employees, applicants for employment, former employees, officers, former officers, directors and former directors of any insured, while acting in their capacity as employees, applicants for employment, former employees, officers or former officers, directors or former directors of the insured, as well as any derivative claim of any spouse, child, brother, sister, parent, dependent, successor, subrogee or assignee of any such employee, applicant for employment, former employee, officer, former officer, director or former director. It is also agreed that part b. of paragraph 2. Exclusions, (SECTION I, COVERAGE A.) is deleted and replaced by the following: 2. Exclusions. This insurance does not apply to: b. "Bodily injury" or "property damage' for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract," provided the "bodily injury" or "property damage' occurs subsequent to the execution of the contract or agreement; or (2) That the insured would have in the absence of the contract or agreement; or (3) Assumed by you in a contract or agreement with a governmental agency, public entity or your funding source that is an "insured contract," provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement and which "bodily injury' or "property damage' is sustained by an "employee claimant," as defined in this endorsement. NIAC -E7 (10/04) Page 1 of 1 Nonprofits' Insurance Alliance of California .w.n�aouuum ... xunwrroewam THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIREWORKS EXCLUSION This insurance does not apply to any liability caused, directly or indirectly, by fireworks or any similar explosive material. NTAC -El 1 (7/92) A Nonprofits' Insurance Alliance of California �91➢fdY&PAVF ..IXGYKKKMVIIS NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESS OWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION The insurance does not apply: (1) The "nuclear material" (a) is at any "nuclear A. Under any Liability Coverage, to "bodily injury", facility" owned by, or operated by or on "personal injury" or "property damage:" behalf of, an "insured" or (b) has been (1) With respect to which an "insured" under the discharged or dispersed therefrom; policy is also an insured under a nuclear (2) The "nuclear material" is contained in "spent energy liability policy issued by Nuclear fuel" or "waste" at any time possessed Energy Liability Insurance Association, handled, used, processed, stored, transported Mutual Atomic Energy Liability or disposed of by or on behalf of an "insured;" Underwriters, Nuclear Insurance Association or of Canada or any of their successors, or would (3) The "bodily injury ", "personal injury" or be an insured under any such policy but for its "property damage" arises out of the famishing temtination upon exhaustion of its limit of by an "insured" of services, materials, parts or liability; or equipment in connection with the planning, (2) Resulting from the "hazardous properties" of construction, maintenance, operation or use of "nuclear material" and with respect to which any "nuclear facility," but if such facility is (a) any person or organization is required to located within the United States of America, maintain financial protection pursuant to the its territories or possessions or Canada, this Atomic Energy Act of 1954, or any law exclusion (3) applies only to "property amendatory thereof, or (b) the "insured" is, damage" to such "nuclear facility" and any or had this policy not been issued would be, property thereat. entitled to indemnity from the United States of America, or any agency thereof, under any 2. As used in this endorsement: agreement entered into by the United States "Hazardous properties" include radioactive, toxic or of America, or any agency thereof, with any explosive properties; person or organization. "Nuclear material" means "source material," "special B. Under any Medical Payments coverage, to nuclear material" or "by- product material;" expenses incurred with respect to "bodily injury" "Source material," "special nuclear material," and "by- resulting from the "hazardous properties" of product material" have the meanings given them in the "nuclear material" and arising out of the operation Atomic Energy Act of 1954 or in any law amendatory of a "nuclear facility" by any person or thereof; organization. "Spent fuel" means any fuel element or fuel C. Under any Liability Coverage, to "bodily injury", component, solid or liquid, which has been used or "personal injury" or "property damage" resulting exposed to radiation in a "nuclear reactor;" from the "hazardous properties" of "nuclear "Waste" means any waste material (a) containing "by- material," if: product material" other than the tailings or wastes NIAC -1312 (5/92) Page I of produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility." "Nuclear facility" means: (a) Any "nuclear reactor;" (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel," or (3) handling, processing or packaging "waste;" (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material' if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof; or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste;" and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "Property damage" includes all forms of radioactive contamination of property. NIAC -EI2 (5192) Page 2 of Nonprofits' Insurance Alliance of California A 1F/0 M1 NkRNKF ... A MM � NIP IPR! THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -- BLOOD TESTING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SOCIAL SERVICES PROFESSIONAL LIABILITY ENDORSEMENT This insurance does not apply to claims for damages arising out of: 1. Services in connection with the donating, drawing, or testing of blood, except for any evaluation, consultation or advice given by or on behalf of any insured in connection with such services; 2. Any error, omission, defect or deficiency in any such test performed; 3. The handling, transportation, distribution or storage of any blood product by any insured; 4. The liability of any insured for acts or omissions of any doctor of medicine, technician, phlebotomist, or nurse with respect to any activities listed in 1. through 3. above; 5. The liability of any insured for the negligent hiring or supervision of any employee, volunteer, independent contractor, or agent of the insured with respect to any activities listed in 1. through 3. above. NIAC -E15 02 09 Page 1 of 1 A Nonprofits' Insurance Alliance of California A WM KKYEIWI Cf ... A NEUf fq, N?V %MI$ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, EXCLUSION - ASBESTOS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART This insurance does not apply to "bodily injury;' "property damage," "personal injury" or "advertising injury" arising out of or related in any way to asbestos or asbestos - containing materials. We shall not have the duty to defend any such claim or "suit." NIAC -E22 (8/95) Nonprofits' Insurance Alliance of California AIdD10l N4R4C1 A1P.VI q�iyYM„VIIS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy, in consideration of food contributions or client referrals you receive from them. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. MAC -E25 (1/98) Nonprofits' Insurance Alliance of California .wnweea . A~m 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PROPERTY DAMAGE TO PERSONAL PROPERTY IN THE CARE, CUSTODY OR CONTROL OF THE INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. It is agreed that the following is added to COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Number 2. Exclusions., Letter j. "Property damage" to: Item (4): (a) This exclusion applies to "property damage" to personal property in the care, custody or control of the insured when the personal property is valued greater than $25,000. This is excess over any other valid collectible insurance. (b) Defense costs arising from "property damage" to personal property in the care, custody or control of the insured are limited to $25,000 per claim or suit. NIAC -E28 (1/99) A Nonprofits' Insurance Alliance of California . wo we vmeun . . wu� w� wwmms THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE PERSONAL AUTO REIMBURSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART We agree to pay the lesser of the personal auto insurance comprehensive deductible, or the actual cost of repair in the absence of personal auto insurance comprehensive coverage, up to $1,000 to an employee or volunteer of the Insured if the personal auto of the employee or volunteer is damaged by a client of the Insured. The most we will pay during a policy term is limited to $3,000. NIAC- E29 -12 09 Page 1 of t Nonprofits' Insurance Alliance of California AN M"YWYE... A HM M 1pNiA0g15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- VOLUNTEERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE FORM WHO IS AN INSURED (Section IT) is amended to include as an insured any person(s) who are volunteer worker(s) for you, but only while acting at the direction of, and within the scope of their duties for you. However, no volunteer(s) are insureds for: I. "Bodily injury" to: a. Co- volunteers or your employees arising out of and in the course of their duties for you, or b. You or, if you are a partnership or joint venture, any partner or member; 2. "Property damage" to property owned, occupied or used by, rented to, in the care, custody, or control of, or over which physical control is being exercised for any purpose by: a. A co- volunteer or your employee; or b. You or, if you are a partnership orjoint venture, any partner or member. NIAGE30 (4/00) 'A& Nonprofits' Insurance Alliance of California A HEAD FOR DIIUI ... A HWT WlNpNl[OgiS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOCIAL SERVICE PROFESSIONAL LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Except where designated below, the terms of the coverage part to which this endorsement is attached apply to the insurance provided by this endorsement. SECTIONI - COVERAGES COVERAGE S: SOCIAL SERVICE PROFESSIONAL LIABILITY INSURING AGREEMENT a. We will pay those sums that the insured becomes legally obligated to pay as "damages" because of an act, error or omission committed by you to which this insurance applies. The "damages" must arise out of an act, error or omission committed by you or by any other person for whose act, error or omission you are legally responsible. The act, error or omission must arise out of the performance of professional services in your capacity as a social service agency. We will have the right and duty to defend any "suit" seeking those "damages." We may at our discretion investigate any claim or "suit" that may result. But: (1) The amount we will pay for "damages" is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage S. b, This insurance applies only to an act, error or omission in the performance of professional services that takes place in the "coverage territory" and that occurs during the time that this endorsement is in effect. 2. ADDITIONAL EXCLUSIONS The following additional exclusions are applicable to the insurance provided by this endorsement. This insurance does not apply to: a. Liability to: (1) A volunteer of an insured arising out of and in the course of volunteering for the insured; or (2) The spouse, child, parent, brother or sister of that volunteer as a consequence of (1) above. This exclusion applies: (i) Whether an insured may be liable as an employer or in any other capacity; or (ii) To any obligation to share "damages" with or repay someone else who must pay "damages" because of the liability. NIAC-E32 05 08 Page 1 of 5 b. Liability arising out of any delay or failure by an insured or anyone acting on an insured's behalf to perform a contract or agreement in accordance with its terms. c. Liability arising out of: (1) The prescription of drugs; or (2) The utilization, furnishing or dispensing of drugs or medical, dental, or nursing supplies or appliances, except as directed by a "Medical Services Provider' and in the normal practice of an insured performing professional services. d. Liability arising out of any dishonest, fraudulent, criminal or malicious act, error or omission by an insured or by any person for whose act, error or omission an insured is legally liable, including, but not limited to, the providing or performing of services while any such insured's or person's license or certification is suspended, revoked, surrendered, or otherwise not in effect. e. Liability arising out of: (1) Any form of sexual misconduct, including but not limited to any actual, alleged, attempted, proposed or threatened sexual abuse, molestation, erotic physical contact, or sexual harassment by anyone of any person; or (2) The employment, investigation, supervision, reporting or failure to report to the proper authorities, or retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by (1) above. f. Liability arising out of the commitment of a person to a psychiatric institution, unless the commitment was made in full compliance with the laws or statutes of the state in which the commitment was made. g. Liability arising out of any act, error or omission by any insured, or any volunteer or employee of an insured, while under the influence of intoxicants or narcotics. h. The rendering or failure to render services, other than counseling or nursing services, by a "Medical Services Provider." However, as to the named insured, this exclusion shall not apply to "Incidental Medical Services." i. Any claim or "suit" for which the insured is entitled to reimbursement and/or payment by another insurer because: (1) The other insurer provided a policy or policies which expired prior to the effective date of this endorsement; and (2) Notice was given to the other insurer of a circumstance which might give rise to a claim or "suit" under that insurers policy. j. Liability arising out of an act, error or omission performed in the capacity of, or which normally requires performance or professional certification, as: (1) An attorney; (2) An accountant; (3) An insurance agent or insurance broker; (4) A financial management consultant; (5) An architect or engineer; (6) A real estate agent or broker; or (7) A computer developer, website developer or software developer. k. Liability arising out of the ownership, maintenance, operation, use, or "loading or unloading" of any "mobile equipment," I. Any claim or "suit" arising out of "bodily injury," "property damage," "personal and advertising injury" which is covered under any Commercial General Liability Coverage policy to which this endorsement is attached. m. Liability arising out of the providing or failing to provide professional services to an employee or volunteer of an insured. n. Liability to an "employee claimant" or for an obligation to indemnify another because of any liability to an "employee claimant." NIAC -E32 05 08 Page 2 of 5 o. Liability arising out of any actual or alleged discrimination, whether intentional or unintentional, including but not limited to discrimination based upon a person's sex, sexual preference, marital status, race, creed, age, national origin, religion, physical capabilities, physical characteristics or condition, or mental capabilities or condition. p. Any claim by: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment - related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of injury to that person at whom any of the employment - related practices described in paragraphs (a), (b), or (c) of (1) above, is directed. This exclusion applies: (i) Whether an insured may be held liable as an employer or in any other capacity; and (ii) To any obligation to share "damages" with or repay someone else who must pay "damages" because of the injury. SECTION II — CHANGES TO WHO IS AN INSURED Paragraph 2. in Section II - Who Is An Insured is amended to include the following: e. Your employees, volunteers, interns and students in training, other than a "Medical Services Provider," but only for acts within that person's status as your employee, volunteer, intern or student in training, or while performing duties related to the conduct of your business as a social service agency; f. A "Medical Services Provider," but only for acts within that person's status as your employee or volunteer while performing the following duties: (i) The performance of counseling services, including evaluation and therapy; (ii) The furnishing of shelter, nursing services, food and beverages. SECTION III — CHANGES TO LIMITS OF INSURANCE Paragraphs 8. and 9. are hereby added to Section III -- Limits of Insurance 8. The Social Services Professional Aggregate Limit is the most we will pay under Coverage S for any "damages" included in the Social Services Professional Liability Endorsement 9. Subject to 8. above, the Social Services Professional Liability Each Occurrence Limit is the most we will pay for "damages' under Coverage S because of all "damages" arising out of any one act, error or omission, or a series of related acts, errors or omissions. SECTION IV — CHANGES TO COMMERCIAL GENERAL LIABILITY CONDITIONS Paragraph 2.a. in Section IV - Commercial General Liability Conditions is replaced by the following: NIAGE32 05 08 Page 3 of 5 2. Duties In The Event Of Act, Error, Omission, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim or "suit." To the extent possible, notice should include: (1) How, when and where the act, error, or omission took place; (2) The names and addresses of any injured persons and /or witnesses; and (3) The nature and location of any injury or damage arising out of the act, error, or omission. The first sentence of Paragraph 4.in Section IV - Commercial General Liability Conditions is replaced by the following: 4. Other Insurance If other valid and collectible insurance is available to an insured for a loss we cover under Coverages A, B or S of this Coverage Part, our obligations are limited as follows: Paragraph 4.b.(1) in Section IV — Commercial General Liability Conditions is replaced by the following: This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) If the loss arises out of the maintenance or use of aircraft, "autos," "mobile equipment" or watercraft to the extent not subject to any exclusion; or (d) If any other insurance is available to you as an additional insured for "damages" arising out of the performance of professional services. SECTION V — ADDITIONAL DEFINITIONS The following additional definitions are applicable to the insurance provided by this endorsement. a. "Damages" means a monetary judgment, award or settlement, except those for which insurance is prohibited by the applicable law. "Damages" does not include fines, penalties, disputes over fees, deposits, commissions or charges for goods or services, injunctive relief, statutory damages or punitive, exemplary or multiplied damages. b. "Incidental Medical Services" means: (1) The performance of services on your behalf by a "Medical Services Provider" If the following three (3) conditions are satisfied: (a) You have not agreed to indemnify or hold harmless the "Medical Services Provider" against any loss, cost, claim or cause of action arising out of or as a result of the provision of such services; and NIAC -E32 05 08 Page 4 of 5 (b) The "Medical Services Provider" has applicable Professional Liability (Errors and Omissions) coverage with limits of insurance equal to or greater than the limit of liability of the policy to which this endorsement is attached; and (c) The "Medical Services Provider" provides a certificate of insurance to you prior to the date of service or treatment provided. (2) The hiring, supervision or retention of a "Medical Services Provider.' c. "Medical Services Provider" means a physician, psychiatrist, surgeon, dentist, chiropractor, podiatrist, acupuncturist, phlebotomist, pharmacist, dental hygienist, nurse anesthetist, nurse practitioner or physician assistant acting within the scope of his or her professional capacity. NIAC -E32 05 08 Page 5 of 5 'JA Nonpmfita' Insurance Alliance of California AHWMRWLKVKF... A HF Na NdiiR� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOLD, FUNGUS OR MICROBIAL CONTAMINATION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY ENDORSEMENT SOCIAL SERVICES PROFESSIONAL LIABILITY ENDORSEMENT IMPROPER SEXUAL CONDUCT LIABILITY COVERAGE PART It is agreed that this policy does not apply to any claim, suit or cause of action for "damages" due to: 1. 'Bodily injury ," "property damage," or "personal injury" arising out of or contributed to by mold, fungus or "microbial contamination'; 2. Any loss, cost or expense arising out of any: a. Request, demand or order that any "insured" or others lest for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effects of mold, fungus or "microbial contamination"; or b. Claim or suit by or on behalf of a governmental agency or entity for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of mold, fungus or "microbial contamination." We shall have no duty or obligation to provide or pay for the investigation or defense of any loss, cost, expense, claim, or suit excluded under any provision set forth above. Section B - Defense and Supplementary Payments shall not apply to any loss, cost, expense, claim or suit excluded under any provisions set forth above. "Microbial contamination" means any contamination, either airborne or surface, which arises out of or is related to the presence of mold, fungus, or spores, including, without limitation, Penicillium, Aspergillus, or Stachybotrys chartarum. NIAC -1333 01 -02 01 -04 -02 Page 1 of 1 A Nonprofits Insurance Alliance of California A MGDPoIINWWK[...AXUl!!O[NCNN��S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR, CHEMICAL AND BIOLOGICAL HAZARD EXCLUSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY ENDORSEMENT SOCIAL SERVICES PROFESSIONAL LIABILITY ENDORSEMENT IMPROPER SEXUAL CONDUCT LIABILITY COVERAGE PART DIRECTORS AND OFFICERS LIABILITY This insurance does not apply to any liability, loss, cost or expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with the use or release, or threat thereof, of any nuclear weapon or device or chemical or biological agent, regardless of any other cause or event contributing concurrently or in any other sequence to the loss. NIAC -E42 07 06 Page 1 of 1 Nonprofits' Insurance Alliance of California .,uow ecwurt. �iue+ro+wncm, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATA LIABILITY (IDENTITY THEFT INCLUDED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following paragraphs are added to the Definitions Section: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD -ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. "Identity theft" means fraudulent appropriation and use of a person's identifying or personal "electronic data." B. The following paragraph is added to the definition of "insured contract" in the Definitions Section: f. (4) That indemnifies another party for tort liability arising out of "loss of electronic data." C. The following paragraphs are added to the Definitions Section: "Loss of electronic data" means: 1. Damage to, loss of, loss of use of, corruption of, inability to access or inability to manipulate "electronic data;" and 2. "Identity theft" D. For the purposes of the coverage provided by this endorsement, the definition of "occurrence" in the Definitions Section is replaced by the following: 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. With respect to "loss of electronic data," "occurrence" shall mean an accident, or a negligent act, error or omission or series of causally related accidents, negligent acts, or errors or omissions. E. For the purposes of the coverage provided by this endorsement, the following paragraphs are added to the definition of "property damage" in the Definitions Section: c. "Loss of electronic data." All "loss of electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. NIAC- E52 -09 09 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 00 33 0196 LIQUOR LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. 2, Exclusions Read the entire policy carefully to determine rights, duties and what is and is not covered. This insurance does not apply to: Throughout this policy the words "you" and "your" refer a. Expected or Intended Injury to the Named Insured shown in the Declarations, and "Injury' expected or intended from the stand - any other person or organization qualifying as a point of the insured. This exclusion does not Named Insured under this policy. The words "we ", "us" apply to "bodily injury" resulting from the use of and "our" refer to the Company providing this insur- reasonable force to protect persons or prop - ance. erty. The word "insured" means any person or organization qualifying as such under WHO IS AN INSURED (Sec- tion 11). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (Section V). SECTION 1— LIQUOR LIABILITY COVERAGE 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages be- cause of "injury" to which this insurance applies if liability for such "injury" is imposed on the in- sured by reason of the selling, serving or fur- nishing of any alcoholic beverage. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "injury" to which this insurance does not apply. We may, at our discretion, investigate any "injury " and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (Section III); and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies to "injury" which occurs during the policy period in the "coverage terri- tory ". b. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation, disability benefits or unemploy- ment compensation law or any similar law. c. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay dam- ages because of the "injury". d. Liquor License Not in Effect "Injury" arising out of any alcoholic beverage sold, served or furnished while any required li- cense is suspended or after such license ex- pires, is cancelled or revoked. e. Your Product "Injury" arising out of "your product ". This ex- clusion does not apply to "injury" for which the insured or the insured's indemnitees may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; CG 00 33 0196 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 5 ❑ (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alco- holic beverages. f. Other Insurance Any "injury" with respect to which other insur- ance is afforded, or would be afforded but for the exhaustion of the limits of insurance. This exclusion does not apply if the other insur- ance responds to liability for "injury" imposed on the insured by reason of the selling, serving or furnishing of any alcoholic beverage. SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: 1. All expenses we incur. 2. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of in- surance. We do not have to furnish these bonds. 3. All reasonable expenses incurred by the insured at our request to assist us in the investigation or de- fense of the claim or "suit ", including actual loss of earnings up to $250 a day because of time off from work. 4. All costs taxed against the insured in the "suit ". 5. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. 7. Expenses incurred by the insured for first aid ad- ministered to others at the time of an event to which this insurance applies. These payments will not reduce the limits of insur- ance. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insur- eds. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your "employees ", other than either your "ex- ecutive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (ff you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none'of these "em- ployees" is an insured for: (1) "Injury': (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liabil- ity company), or to a co- "employee" while that co- "employee "is either in the course of his or her employment or per- forming duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" as a conse- quence of paragraph (1)(a) above; or (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above. Page 2 of 5 Copyright, Insurance Services Office, Inc., 1994 CG 00 33 0196 0 (2) "Property damage" to property: (a) Owned or occupied by, or (b) Rented or loaned to that "employee ", any of your other "em- ployees", by any of your partners or mem- bers (if you are a partnership or joint ven- ture), or by any of your members (if you are a limited liability company). b. Any person or organization having proper tem- porary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. c. Your legal representative if you die, but only with respect to duties as such. That representa- tive will have all your rights and duties under this Coverage Part. 2. The Aggregate Limit is the most we will pay for all "injury" as the result of the selling, serving or fur- nishing of alcoholic beverages. 3. Subject to the Aggregate Limit, the Each Common Cause Limit is the most we will pay for all "injury" sustained by one or more persons or organizations as the result of the selling, serving or furnishing of any alcoholic beverage to any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — LIQUOR LIABILITY CONDITIONS 1. Bankruptcy 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership 2 or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage does not apply to "injury' that oc- curred before you acquired or formed the or- ganization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION 111— LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. Duties In The Event Of Injury, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "injury" which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "injury" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any "injury' aris- ing out of an occurrence. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. CG 00 33 0196 Copyright, Insurance Services Office, Inc., 1994 Page 3 of 5 ❑ c. You and any other involved insured must (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit "; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit "; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the in- sured because of "injury" to which this in- surance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur- ance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal represen- tative. 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under this Cov- erage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary. Our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contrib- utes equal amounts until it has paid its applica- ble limit of insurance or none of the loss re- mains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of in- surance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit pre- miums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and C. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. Page 4 of 5 Copyright, Insurance Services Office, Inc., 1994 CG 00 33 0196 ❑ 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part , those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. 2. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; 6. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 7. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. 8. "Suit" means a civil proceeding in which damages because of "injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. b. International waters or airspace, provided the 9. "Temporary worker" means a person who is fur - "injury" does not occur in the course of travel or nished to you to substitute for a permanent "em- transportation to or from any place not included ployee" on leave or to meet seasonal or short-term in a. above; or workload conditions. c. All parts of the world if: 10. "Your product" means: (1) The "injury" arises out of. a. Any goods or products, other than real prop - (a) Goods or products made or sold by you erty, manufactured, sold, handled, distributed in the territory described in a. above; or or disposed of by: (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your busi- ness; and (2) The insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a set- tlement we agree to. 3. "Employee" includes a "leased worker ". "Em- ployee" does not include a "temporary worker". 4. "Executive Officer" means a person holding any of the officer positions created by your charter, con- stitution, by -laws or any other similar governing document. 5. "Injury" means all damages, including damages because of "bodily injury" and "property damage ", and including damages for care, loss of services or loss of support. (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durabil- ity, performance or use of "your product "; and b. The providing of or failure to provide warnings or instructions. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. CG 00 33 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 5 of 5 11 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Locations Of Covered Operations Any person or organization that you are required to All Insured premises and operations add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip - 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 1101 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I3a:1=1r111114 1. Designation of Premises (Part Leased to You): 2. Name of Person or Organization (Additional Insured): Any person or organization acting as a manager or lessor of a covered premises that you are required to name as an additional insured on this policy, under a written contract, lease or agreement currently in effect, or becoming effective during the term of this policy. 3. Additional Premium: Included (If no entry appears above, the information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 13 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 12 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Political Subdivision: Any State or Political Subdivision that issues a permit to the named insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured any state or political subdivi- sion shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage" or "personal and advertising injury' arising out of opera- tions performed for the state or municipality; or b. "Bodily injur/' or "property damage" included within the "products- completed operations hazard ". CG 20 12 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE, OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization acting as a Mortgagee, Assignee, or Receiver with respect to locations scheduled on the policy. Designation of Premises: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section II) is amended to include as an insured the person(s) or arganization(s) shown in the Schedule but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you and shown in the Schedule. 2. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. CG 20 18 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 1198 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CHARITABLE INSTITUTIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. WHO IS AN INSURED (Section II) is amended to include as an insured: 1. Your members but only with respect to their liability for your activities or activities they perform on your behalf: and 2. Your trustees or members of the board of governors while acting within the scope of their duties as such on your behalf. CG 20 20 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 11 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Section 11 — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG 20 34 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Who Is An Insured (Section 11) is amended to include as an additional insured any person or or- ganization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such per- son or organization be added as an additional in- sured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury', "property damage" or "personal and adver- tising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. CG 20 34 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization that you are required All insured premises and operations to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 21 16 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services: 1. Any and all professional services, except to the extent that coverage is provided by the Social Service Professional Liability Endorsement. 2. 3. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to any professional services shown in the Schedule, the following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Ex- clusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" due to the rendering of or failure to render any professional service. CG 21 16 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG 21 73 01108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY ENDORSEMENT IMPROPER SEXUAL CONDUCT LIABILITY COVERAGE PART DIRECTORS AND OFFICERS LIABILITY A. The following exclusion is added: This insurance does not apply to: TERRORISM "Any injury or damage" arising, directly or indi- rectly, out of a 'certified act of terrorism ". B. The following definitions are added: For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property dam- age", "personal and advertising injury ", "injury" or "environmental damage" as may be defined in any applicable Coverage Part. 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con- tained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terror- ism Risk Insurance Act; and b. The act is a violent act or an act that is dangerous to human life, property or infra- structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con- duct of the United States Government by coercion. CG 2173 0108 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 ❑ with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS /COMPLETED OPERATIONS HAZARD REDEFINED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Description of Premises and Operations: Any premises and operations shown in the Declarations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to "bodily injury" or "property damage" arising out of "your products" manufactured, sold, handled or distributed: 1. On, from or in connection with the use of any premises described in the Schedule, or 2. In connection with the conduct of any operation described in the Schedule, when conducted by you or on your behalf, Paragraph a. of the definition of "Products - completed operations hazard" in the DEFINITIONS Section is replaced by the following: a. "Products- completed operations hazard" in- cludes all "bodily injury' and "property damage" that arises out of "your products" if the "bodily injury' or "property damage" occurs after you have relinquished possession of those prod- ucts. CG 24 0711 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER LOCATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your "loca- tions" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. CG 25 04 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LIABILITY ARISING OUT OF LEAD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART. PRODUCTS /COMPLETED OPERATIONS COVERAGE PART. This insurance does not apply to: "bodily injury", "property damage ", "personal injury', or "advertising injury' arising out of, resulting from, or in any way caused by or related to the actual, alleged or threatened ingestion, inhalation, absorption, or exposure to lead in any form from any source; or 2. any loss, expense, liability or other type of obligation arising out of or resulting from, or in any way related to any: a. claim, suit, request, demand, directive, or order by or on behalf of any person, entity, or governmental authority that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to, or assess the effects of lead in any form from any source, or to any b. claim or suit by or on behalf of any person, entity, or governmental authority for damages or any other relief or remedy because of testing for, monitoring, cleaning up, removing, containing, treating or detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead in any form. We shall not be obligated to investigate on behalf of an "insured" or to defend or indemnify an "insured" or any person or entity claiming any right under the policy for the matters excluded in this endorsement. CG 7794 (4/93) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of 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 first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations Is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any 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. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 13 IL 02 70 11 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT- RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com- mon Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured at the mailing address shown in the policy and to the producer of record, advance written no- tice of cancellation, stating the reason for can- cellation, at least: a. 10 days before the effective date of cancel- lation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representa- tive in obtaining this insurance; or (b) You or your representative in pursu- ing a claim under this policy. b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepre- sentation by: (a) Any insured or his or her representa- tive in obtaining this insurance; or (b) You or your representative in pursu- ing a claim under this policy. (3) A judgment by a court or an administra- tive tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks in- sured against. IL 02 70 1104 © ISO Properties, Inc., 2004 Page 1 of 4 ❑ (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your repre- sentative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control re- quirements, agreed to by you as a condi- tion of policy issuance, or which were conditions precedent to our use of a par- ticular rate or rating plan, if that failure materially increases any of the risks in- sured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsur- ance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the com- mercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, in- creased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancella- tion Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for resi- dential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a resi- dential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And House- hold Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of cover- age we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely be- cause the first Named Insured has: (1) Accepted an offer of earthquake cover- age; or (2) Cancelled or did not renew a policy issued by the California Earthquake Au- thority (CEA) that included an earth- quake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that in- cludes an earthquake policy premium sur- charge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This Restriction (c.) applies only if coverage is subject to one of the fol- lowing, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part — Causes Of Loss — Special Form; or (3) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special. Page 2 of 4 © ISO Properties, Inc., 2004 IL 02 70 1104 ❑ C. The following is added and supersedes any provi- (2) The Commissioner of Insurance finds sions to the contrary: that the exposure to potential losses will NONRENEWAL threaten our solvency or place us in a 1. Subject to the provisions of Paragraphs C.2. hazardous condition. A hazardous condi- and C.3. below, if we elect not to renew this tion includes, but is not limited to, a con - policy, we will mail or deliver written notice stat- dition in which we make claims pay - ments for losses resulting from an ing the reason for nonrenewal to the first Named Insured shown in the Declarations and earthquake that occurred within the pre - to the producer of record, at least 60 days, but ceding two years and that required a ve- duction in policyholder surplus of at least not more than 120 days, before the expiration 25% for payment of those claims; or or anniversary date. We will mail or deliver our notice to the first (3) We have: Named Insured, and to the producer of record, a Lost or experienced a substantial ()reduction xp ri nced tan at the mailing address shown in the policy. availability or e Y P 2. Residential Property of reinsurance coverage; or This provision applies to coverage on real (b) Experienced a substantial increase in the premium charged for reinsurance property used predominantly for residential coverage of our residential property purposes and consisting of not more than four insurance policies; and dwelling units, and to coverage on tenants' household property contained in a residential the Commissioner has approved a plan unit, if such coverage is written under one of for the nonrenewals that is fair and equi- the following: table, and that is responsive to the Capital Assets Program (Output Policy) Cover- changes in our reinsurance position. age Part c. We will not refuse to renew such coverage Commercial Property Coverage Part solely because the first Named Insured has cancelled or did not renew a policy, issued Farm Coverage Part — Farm Property — Farm by the California Earthquake Authority that Dwellings, Appurtenant Structures And House- included an earthquake policy premium sur- hold Personal Property Coverage Form charge. a. We may elect not to renew such coverage d. We will not refuse to renew such coverage for any reason, except as provided in b., c. solely because corrosive soil conditions ex- and d. below: ist on the premises. This Restriction (d.) b. We will not refuse to renew such coverage applies only if coverage is subject to one of solely because the first Named Insured has the following, which exclude loss or damage accepted an offer of earthquake coverage, caused by or resulting from corrosive soil However, the following applies only to in- conditions: surers who are associate participating in- (1) Capital Assets Program Coverage Form surers as established by Cal. Ins. Code (Output Policy); Section 10089.16. We may elect not to re- (2) Commercial Property Coverage Part — new such coverage after the first Named Causes Of Loss — Special Form; or Insured has accepted an offer of earth- (3) Farm Coverage Part rt Causes Loss quake coverage, if one or more of the fol- Form —Farm Property, Paragraph D. lowing reasons applies: Covered Causes Of Loss — Special. (1) The nonrenewal is based on sound 3. We are not required to send notice of nonre- underwriting principles that relate to the newel in the following situations: coverages provided by this policy and that are consistent with the approved a. If the transfer or renewal of a policy, without rating plan and related documents filed any changes in terms, conditions, or rates, with the Department of Insurance as re- is etween us and a member of our insur- quired by existing law; ance group. IL 02 70 11 04 © ISO Properties, Inc., 2004 Page 3 of 4 ❑ b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to re- new the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25 %. Page 4 of 4 0 ISO Properties, Inc., 2004 IL 02 70 1104 ❑ Nonprofits' Insurance Alliance of California A HFAD fM NS44KE... A HEAD MR NON ROWS IMPROPER SEXUAL CONDUCT LIABILITY COVERAGE FORM PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we ", "us" and "our" refer to the Nonprofits' Insurance Alliance of California. The word "insured" means any person or organization qualifying as such under SECTION IV - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION IX - DEFINITIONS. SECTION I - COVERAGES BODILY INJURY ARISING FROM "IMPROPER SEXUAL CONDUCT" 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as "damages" because of "bodily injury" arising from "improper sexual conduce" No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION III - OTHER PAYMENTS, SECTION V - LIMITS OF INSURANCE include sums paid for "damages" and other payments. The "improper sexual conduct" must take place in the "coverage territory" during the effective dates of the policy period. We will have the right and duty to defend any "suit" seeking such "damages." But: (1) The amount we will pay for "damages" and SECTION Ill - OTHER PAYMENTS is limited as described in SECTION V - LIMITS OF INSURANCE; (2) We may, at our discretion, investigate and settle any "claim" or "suit" seeking such "damages;" and (3) Our right and duty to defend ends when we have exhausted the applicable limit of judgments or settlements under this coverage, or of items explicitly provided for under SECTION III - OTHER PAYMENTS are included in the applicable limit of insurance. b. All "claims" or °suits" for "damages" because of "bodily injury" arising from a single act or a series of continuous or repeated acts of "improper sexual conduct" to the same person, including "damages" claimed by any person or organization for care, loss of services, or death resulting at any time from "bodily injury" arising from "improper sexual conduct', will be considered as having resulted from the same "improper sexual conduct" which shall be deemed to have been committed on the date of the first such act. The date of the first such act of "improper sexual conduct" must take place during the effective dates of this policy period. NIAC ISCET 06 09 Page I of 7 SECTION II - EXCLUSIONS 1. This insurance does not apply to: a. "Bodily injury' arising from "improper sexual conduct" for which the insured is obligated to pay "damages" by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for "damages:" (1) Assumed in a contract or agreement that is an "insured contract'; or (2) That the insured would have in the absence of the contract or agreement. b. "Bodily injury" arising from "improper sexual conduct" to: (1) A director, employee or volunteer of the insured; (2) The spouse, parent, brother or sister of a director, employee or volunteer; or (3) A "resident relative" under the age of 18 of any director, employee, or volunteer of the insured, where the "improper sexual conduct" is committed or alleged to be committed by that director, employee or volunteer. Except that this Exclusion 1.b. shall not apply when injury takes place while the claimant is also your client receiving services that you customarily provide, and the injury results from those services. This exclusion applies: (a) Whether the insured may be liable as an employer or in any other capacity; and (b) To any obligation to share "damages" with or repay someone else who must pay "damages" because of the injury. 2. This insurance does not apply for the benefit of any individual insured who intentionally caused the "bodily injury" alleged or is convicted of a criminal offense as a result of "improper sexual conduct ". 3. This policy does not provide any coverage, or pay any defense or related costs arising from a criminal action or proceeding. 4. This insurance does not apply to "bodily injury" arising from "improper sexual conduct" if such "improper sexual conduct" takes place prior to or after the effective dates of this policy period. 5. This insurance does not apply to "claim" or "claims" of sexual harassment arising out of the employment relationship. SECTION III - OTHER PAYMENTS THESE PAYMENTS WILL REDUCE THE LIMITS OF INSURANCE. We will pay, with respect to any "Claim" or "suit" we defend: 1. All expenses we incur, including but not limited to, reasonable and customary attorney fees, costs and disbursements. 2. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 3. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the "claim" or "suit", including actual loss of earnings up to $100 a day because of time off from work. NIAC 1SCET O6 09 Page 2 of 7 4. All costs taxed against the insured in the "suit" but this does not include any attorney fees or expert witness fees taxed as costs. 5. Pre - judgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre - judgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. 7. Up to $10,000 to reimburse the Named Insured nonprofit corporation for wages paid to an employee who is suspended with pay during the investigation of the "improper sexual conduct" allegations. SECTION IV - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. A nonprofit corporation, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers and directors. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insured's, but only with respect to the conduct of your business. 2. Each of the following is also an insured: a. Your employees, volunteers, intems and students -in- training, but only for acts within the scope of their employment, volunteer work, internship or training with you. b. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage. 3. Any organization you newly acquire or form, other than a partnership or joint venture and over which you maintain ownership or majority ownership or controlling interest, will be deemed to be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only if you notify us before the acquisition of or formation of such organization and agree to pay us additional premium, if any. b. Coverage does not apply to "bodily injury" arising from "improper sexual conduct" that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. No person is an insured for any "improper sexual conduct" that results in a criminal conviction of that person. However, any individual insured who is the subject of a criminal action or proceeding will continue to quality as an insured under the policy for the civil action alleging "improper sexual conduct" until such time as the individual insured is convicted of a criminal offense as a result of the "improper sexual conduct ". SECTION V - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. "Claims" made or "suits" brought; or NIAC ISCET 06 09 Page 3 of 7 c. Persons or organizations making "claims" or bringing "suits ". 2. The General Aggregate Limit is the most we will pay for the sum of all items explicitly provided for under SECTION III - OTHER PAYMENTS, and all "damages" under this policy. 3. Subject to 2 above, whichever applies, the Each "Claim" Limit is the most we will pay for the sum of all items explicitly provided for under SECTION III - OTHER PAYMENTS and "damages" because of all "bodily injury" sustained by the same person arising from "improper sexual conduct." Each person that sustains "bodily injury' arising from "improper sexual conduct" shall constitute a separate "claim" as respects the each "claim" limit. 4. Subject to 2 and 3 above, the limit for each "claim" is the maximum we will pay for "damages" for "bodily injury" sustained in any one "claim" and includes all derivative "claims" which include, but are not limited to, loss of society, loss of companionship, loss of services and loss of consortium. The limits of this coverage apply separately to each consecutive annual period, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION VI - IMPROPER SEXUAL CONDUCT LIABILITY CONDITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage. 2. Your Duties. a. You must see to it that we are notified as soon as practicable if you become aware of any "improper sexual conduct" which may result in a "claim." To the extent possible, notice should include: (1) How, when and where the "improper sexual conduct" took place; (2) The names and addresses of any injured persons and witnesses; (3) The nature and location of any "bodily injury' arising from the "improper sexual conduct ". b. If a "claim" is received by any insured you must: (1) Immediately record the specifics of the "claim" and the date received; (2) Notify us as soon as practicable. You must see to it that we receive written notice of the "claim" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "claim" or "suit "; and (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement or defense of the "claim" or "suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of "damages" to which this insurance may apply. d. No insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for medical first aid, without our prior written consent. 3. Legal Action Against Us. No person or organization has a right under this Coverage: a. To join us as a parry or otherwise bring us into a "suit" asking for "damages" from an insured; or b. To sue us on this Coverage unless all of its terms have been fully complied with. NIAC ISCET 06 09 Page 4 of 7 A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for "damages" that are not payable under the terms of this Coverage or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Otherinsurance. a. Primary Insurance. This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. This insurance is excess over any other applicable insurance, whether primary, excess, contingent or on any other basis, that is written on a claims -made basis. When this insurance is excess, we will have no duty under this coverage to defend any "claims" or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this excess insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage. c. Method of Sharing. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. No coverage shall be afforded by this policy if coverage for the "Claim "(s) is afforded under any other policy issued by the Nonprofits' Insurance Alliance of California to the insured. 5. Premium Audit. a. We will compute all premiums for this Coverage in accordance with our rules and rates. b. Premium shown in this Coverage as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations. By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. You will promptly inform us of any changes in such representations which may occur during the policy period. NIAC ISCET 06 09 Page 5 of 7 7. Separation of Insureds. Except with respect to the SECTION V - LIMITS OF INSURANCE, and any rights or duties specifically assigned to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom "claim" is made or "suit" is brought. 8. Transfer of Rights of Recovery Against Others to Us. If the insured has rights to recover all or part of any payment we have made under this Coverage, those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request, the insured will bring legal action or transfer those rights to us and help us enforce them. 9. Your Right to "Claim" Information. If requested to do so in writing, we will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding "improper sexual conduct" liability Coverage we have issued to you during the previous three years: a. A list or other record of each "claim" that has been reported to us. We will include the loss date and a brief description of the "claim" if that information was in the notice we received. b. A summary by policy year, of payments made and amounts reserved, stated separately, under any applicable General Aggregate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. If we cancel or elect not to renew this Coverage, upon receipt of written request, we will provide such information no later than 30 days before the date of policy termination. In other circumstances, we will provide this information only it we receive a written request from the first Named Insured within 60 days after the end of the policy period. In this case, we will provide this information within 45 days of receipt of this request. We compile "claim" information for our own business purposes and exercise reasonable care in doing so. In providing this information to the first Named Insured, we make no representations or warranties to insureds, insurers, or others to whom this information is furnished by or on behalf of any insured. Cancellation or non renewal will be effective even if we inadvertently provide inaccurate information. SECTION VII - DEFINITIONS 1. "Bodily Injury" means bodily injury, sickness or disease including emotional distress or anguish sustained by a person, including death resulting from "improper sexual conduct ". 2. "Claim" or "Claims" means any demand or "suit" against any insured which seeks "damages" for "bodily injury" arising from "improper sexual conduct" It is understood that the "claim" or "claims" must result from "improper sexual conduct" that takes place during the effective dates of the policy period. 3. "Coverage Territory' means "bodily injury' arising from "improper sexual conduct" that involves policies written on risks operating in the United States of America (including its territories and possessions), Puerto Rico or Canada. The "improper sexual conduct" must take place during the policy period within the United States of America (including its territories and possessions), Puerto Rico or Canada. NIAC ISCET 06 09 Page 6 of 7 4. "Damages" means the monetary portion of any judgment, award or settlement to which we have consented, but does not include: (1) civil or criminal fines or penalties; (2) punitive or exemplary damages; (3) the multiple portion of multiplied damages; (4) any amount uninsurable under the law pursuant to which this coverage shall be construed; (5) costs of complying with equitable relief, including but not limited to, injunctions, restraining orders or restitution. B. "Improper Sexual Conduct" means actual, attempted, or alleged unlawful sexual conduct by one person or two or more persons acting in concert as prohibited by federal or state law. 6. "Insured Contract" means that part of any other contract or agreement pertaining to your business under which you assume the tort liability of another to pay "damages" because of "bodily injury" arising from "improper sexual conduct" to a third person or organization, if the contract or agreement is made prior to the date when the "improper sexual conduct" takes place. The "improper sexual conduct" must take place during the policy period. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 7. "Resident relative" means a person related to any of your directors, employees, volunteers, interns or students -in- training by blood, marriage, civil union or adoption who is a member of that director's, employee's, volunteer's, intern's or student's household. This includes a ward or foster child. 8. "Suit" means a civil proceeding, including any appeal there from, in which "damages" because of "bodily injury" arising from "improper sexual conduct" to which this insurance applies are alleged. "Suit" includes an arbitration proceeding alleging such "damages" to which you must submit or submit with consent. "Suit" does not include any criminal action or proceeding. NIAC ISCET 06 09 Page 7 of 7 P.O. Box 8507, Santa Cruz, CA 95061 P:(800)359 -6422 F:(831)459 -0853 BUSINESS AUTO COVERAGE PART DECLARATIONS PRODUCER: Heffernan Insurance Brokers 1350 Carlback Ave. Suite 200 Walnut Creek, CA 94596 kem One: NAME OF INSURED AND MAILING ADDRESS: Newport Elementary School Foundation P.O. Box 15834 Newport Beach, CA 92659 Nonprofits' Insurance Alliance of California A HM PA W NNKF ... A HtAII FOR NONFRONn POLICY NUMBER: 2010 - 10239 - NPO RENEWAL OF NUMBER: 2009 - 10239 -NPO POLICY PERIOD: FROM 11/05/2010 TO 11/0512011 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: After school program IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. tem Two: SCHEDULE OF COVERAGES AND COVERED AUTOS. This policy provides only those coverages where a charge Is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos ". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTOS Section of the Business Auto Coverage Form next to the name of the coverage. FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT THE TIME OF ISSUANCE: CA 00 01/03 10, CA 20 55110 01, CA0029112-88. CA 01 43105 05, CA 20 54110 01. CA 99 33/02 99, CA 99 34112 93, THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. COUNTERSIGNED: 10/06/2010 NIAC - AL - NPO BY (AUTHORIZED REPRESENTATIVE (01609) COVERED AUTOS LIMIT COVERAGES a tie 01)VEEREEDA ioss�on aus THE MOST WE WILL PAY FOR ANY PREMIUM ONE ACCIDENT OR LOSS fA NW500 Mu0,0C BIAOR LIABILITY CSL N/A EXCLUDED N/A HIREDAUTO 8 $1,000,000 CSL $50 NONOWNED AUTO 9 INCLUDED $50 AUTO MEDICAL PAYMENTS NIA EXCLUDED NIA UNINSURED MOTORIST N/A EXCLUDED N/A w COMPREHENSIVE COVERAGE $ Ac1ual cashrawem coax of repair '° "Ebe'"�,° ... Incl. whichever $500 COLLISION Icless v, g COVERAGE $ minus om,mv. ", $500 „ Incl. rXREEbNpn NmN OWING AND LABOR NIA $NIA for each disablement of a Private passenger "auto" N/A ESTIMATED TOTAL PREMIUM $100 FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT THE TIME OF ISSUANCE: CA 00 01/03 10, CA 20 55110 01, CA0029112-88. CA 01 43105 05, CA 20 54110 01. CA 99 33/02 99, CA 99 34112 93, THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. COUNTERSIGNED: 10/06/2010 NIAC - AL - NPO BY (AUTHORIZED REPRESENTATIVE (01609) P.O. Box 8507, Santa Cruz, CA 95061 P:(800)359 -6422 F:(831)459 -0853 BUSINESS AUTO COVERAGE FORM iiiit Nonprofits' Insurance Alliance of California AHWFORnSYF/NCE... A W AT FOR NMInOnn POLICY NUMBER: 2010 -10239 - NPO SCHEDULE BA Page 1 PHYSICAL DAMAGE NAME INSURED: Newport Elementary School Foundation ADDITIONAL INSURED / LOSS PAYEE: COLL. COMP. Item Three: SCHEDULE OF COVERED AUTOS YOU OWN NOW OWNED HIRED MED UM/ LIABILITY PAY UIM DESCRIPTION E ... mro, I.,. al oh9ek.l d.M.d. w.a 1..ayaale 'may,pa", ,MM",nneoff con. elm ye, interest DEDUCTIBLES apply only if TOWING Schedule Al. coverage is provided as & LABOR COVERED YEAR, MODEL, TRADE NAME, CLASS indicated below. AUTO BODYTYPE, SERIAL NUMBER(S) VIN TERR. CODE NO. OTHER THAN Limit per COLLISION I COLLISION Disablement NO OWNED AUTOS NIA PREMIUMS: COVERAGE IS PROVIDED ONLY IF A PREMIUM CHARGE IS INDICATED. COVERED PHYSICAL DAMAGE TOWING ADDITIONAL INSURED / LOSS PAYEE: COLL. COMP. AUTO NO. NOW OWNED HIRED MED UM/ LIABILITY PAY UIM AND LABOR E ... mro, I.,. al oh9ek.l d.M.d. w.a 1..ayaale 'may,pa", ,MM",nneoff con. elm ye, interest Schedule Al. NOM 50 Hired PD 50 Hired Physical Damage Deductibles: Comprehensive: $500 Collision: $500 N/A 10/06/2010 Signature Date INDEX OF FORMS ATTACHED TO THE POLICY POLICY NUMBER: 2010 - 10239- NPO NAME OF INSURED: Newport Elementary School Foundation Page 1 AUTO FORMS AND ENDORSEMENTS Business Auto Coverage Form Fellow Employee Coverage Changes in Business Auto and Truckers Coverage Forms - Insured Contract California Changes Employee Hired Autos Employees as Insureds Social Service Agencies - Volunteers as Insureds This list of forms is not part of the actual policy, but is for your information only. Please refer to the policy(s) for actual limits, coverages and exclusions. FORM NUMBERIEDITION DATE CA 00 01/03 10 CA 20 55/10 01 CA0029/12 -88 CA 01 43/05 05 CA 20 54/10 01 CA 99 33/02 99 CA 99 34/12 93 COMMERCIAL AUTO CA 00 0103 10 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re- fer 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 V — Definitions. SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos ". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos ". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Liability Coverage any "trailers" you don't own while attached to power units you Than Private own). This includes those "autos" not of the private passenger type you acquire Passenger ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no -fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No -fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Liability Coverage any "trailers" you don't own "Autos" while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non -owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 03 10 0 Insurance Services Office, Inc., 2009 Page 1 of 12 E3 19 Mobile Equip- ment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insur- Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this coverage form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto ". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss "; or e. Destruction. SECTION If — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto ". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos ". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident ". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cast or expense ". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injur/' or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds ": a. You for any covered "auto ". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto ". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Page 2 of 12 ® Insurance Services Office, Inc., 2009 CA 00 0103 10 O (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees ", while moving property to or from a covered "auto ". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured ": (1) All expenses we incur (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All court costs taxed against the "in- sured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attor- neys' expenses taxed against the "in- sured". (5) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out -of -state Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out -of -state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. CA 00 01 03 10 0 Insurance Services Office, Inc., 2009 Page 3 of 12 13 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured "; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Pa- ragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract ". For the purposes of the coverage form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" aris- ing out of and in the course of the fellow "employee's" employment or while perform- ing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the " insured's" care, custody or control. But this exclusion does not apply to liability assumed under a si- detrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement in- to or onto the covered "auto'; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured ". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto ". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment "; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Page 4 of 12 0 Insurance Services Office, Inc., 2009 CA 00 0103 10 13 Work that may need service, maintenance, cor- rection, repair or replacement, but which is otherwise complete, will be treated as com- pleted. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants ": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto "; (2) Otherwise in the course of transit by or on behalf of the "insured "; or (3) Being stored, disposed of, treated or processed in or upon the covered "au- to' b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto "; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured ". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants "; and (2) The "bodily injury', "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment ". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto "; and (b) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or, organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos ", "in- sureds", premiums paid, claims made or vehicles involved in the "accident ", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. CA 00 01 0310 © Insurance Services Office, Inc., 2009 Page 5 of 12 0 All "bodily injury ", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident ", No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this coverage form and any Medical Payments Cover- age endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derail- ment of any conveyance transporting the covered "auto ". c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto ", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is retumed to use or we pay for its "loss ". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "au- to"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto ". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss ". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. Page 6 of 12 0 Insurance Services Office, Inc., 2009 CA 00 01 0310 13 b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "au- to". 4. We will not pay for "loss" to any of the follow- ing: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed- measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed - measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that reproduces, receives or trans- mits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss ", is: a. Permanently installed in or upon the cov- ered "auto "; b. Removable from a housing unit which is permanently installed in or upon the cov- ered "auto "; c. An integral part of the same unit housing any electronic equipment described in Pa- ragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value ". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss "; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. $1,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss ", is: a. Permanently installed in or upon the cov- ered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equip- ment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss ". 4. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto ", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. CA 00 0103 10 0 Insurance Services Office, Inc., 2009 Page 7 of 12 13 SECTION IV — BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss ", either may demand an appraisal of the "loss ". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss ". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident ", claim, "suit" or "loss ", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss ". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no pay- ment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit ". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit ". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police it the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Al- so keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this coverage form until: a. There has been full compliance with all the terms of this coverage form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised val- ue. If we pay for the "loss ", our payment will in- clude the applicable sales tax for the damaged or stolen property. S. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. Page 8 of 12 0 Insurance Services Office, Inc., 2009 CA 00 0103 10 13 B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the " insured's" estate will not relieve us of any obli- gations under this coverage form. 2. Concealment, Misrepresentation Or Fraud This coverage form is void in any case of fraud by you at any time as it relates to this coverage form. It is also void if you or any other "in- sured", at any time, intentionally conceal or misrepresent a material fact concerning: a. This coverage form; b. The covered "auto'; c. Your interest in the covered "auto'; or d. A claim under this coverage form. 3. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the addi- tional coverage as of the day the revision is af- fective in your state. 4. No Benefit To Bailee - Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this coverage form. 5. Otherinsurance a. For any covered "auto" you own, this cov- erage form provides primary insurance. For any covered "auto" you don't own, the in- surance provided by this coverage form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this coverage form pro- vides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". c. Regardless of the provisions of Paragraph a. above, this coverage form's Liability Coverage is primary for any liability as- sumed under an "insured contract ". d. When this coverage form and any other coverage form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our coverage form bears to the total of the limits of all the coverage forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this coverage form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. If the es- timated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this coverage form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this coverage form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the Unit- ed States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere in the world if: (a) A covered "auto" of the private passen- ger type is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (b) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. CA 00 0103 10 © Insurance Services Office, Inc., 2009 Page 9 of 12 ❑ We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this coverage form and any other coverage form or policy issued to you by us or any com- pany affiliated with us applies to the same "ac- cident", the aggregate maximum Limit of Insur- ance under all the coverage forms or policies shall not exceed the highest applicable Limit of Insurance under any one coverage form or pol- icy. This condition does not apply to any cov- erage form or policy issued by us or an affili- ated company specifically to apply as excess insurance over this coverage form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage ". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer de- signed for travel on public roads; or 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death re- sulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollut- ants "; or 2. Any claim or "suit" by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants ". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the ac- tual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto "; (2) Otherwise in the course of transit by or on behalf of the "insured "; or (3) Being stored, disposed of, treated or processed in or upon the covered "au- to'; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto'; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured ". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants'; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment ". Pagel 0 of 12 m Insurance Services Office, Inc., 2009 CA 00011 0310 ❑ Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss ". F. "Employee" includes a "leased worker ". "Em- ployee" does not include a "temporary worker:'. G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; S. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; S. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your 'employ- ees", of any "auto ". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees ". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employ- ees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties re- lated to the conduct of your business. "Leased worker" does not include a "temporary worker ". J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self - propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self - propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well- servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; or CA 00 0103 10 © Insurance Services Office, Inc., 2009 Page 11 of 12 13 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or car- go. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos ": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting or well- servicing equipment. However, "mobile equipment' does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga- raged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos ". L. 'Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. 'Property damage" means damage to or loss of use of tangible property. N. "Suit' means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage "; or 2. A "covered pollution cost or expense "; to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. 'Trailer" includes semitrailer. Page 12 of 12 0 Insurance Services Office, Inc., 2009 CA 00 01 03 10 ❑ COMMERCIAL AUTO CA 20 55 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by the endorsement. The Fellow Employee Exclusion contained in Section 11- Liability Coverage does not apply. CA 20 55 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 ❑ COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES IN BUSINESS AUTO AND TRUCKERS COVERAGE FORMS - INSURED CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM The definition of "insured contract' in the DEFINITIONS Section is replaced by the following: E. 'Insured contract' means: 1. A lease of premises; 2. A sidetrack agreement; 3. An easement or license agreement in connec- tion with vehicle or pedestrian private railroad crossings at grade; 4. Any other easement agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; S. An indemnification of a municipality as required by ordinance, except in connection with work for a municipality; 6. That part of any contract or agreement entered into, as part of your business, by you or any of your employees pertaining to the rental or lease of any "auto;" That part of any other contract or agreement pertaining to your business under which you assume the tort liability of another to pay dam- ages because of "bodily injury" or "property damage" to a third person or organization, if the contract or agreement is made prior to the "bodily injury" or "property damage." Tort liabil- ity means a liability that would be imposed by law in the absence of any contract or agree- ment. An "insured contract" does not include that part of any contract or agreement: 1. That pertains to the loan, lease or rental of an "auto" to you or any of your employees, if the "auto" is loaned, leased or rented with a driver; or 2. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public au- thority. CA 00 29 12 88 Copyright, Insurance Services Office, Inc., 1988 Page 1 of 1 ❑ COMMERCIAL AUTO CA 0143 05 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this en- dorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. A. The tern "spouse" is replaced by the following: e. When this Coverage Form and any other Cov- Spouse or registered domestic partner under Cali- erage Form or policy providing liability coverage fornia law. apply to an "auto" and: B. The Other Insurance Condition is changed by 1. One provides coverage to a Named Insured adding the following: engaged in the business of selling, repair- ing, delivering, testing, road- When this Coverage Form and any other Cov- testin , parking g parng or staring "autos ", and erage Form or policy providing liability coverage apply to an "auto" and: 2. The other provides coverage to a person not engaged in that business, and 1. One provides coverage to a Named Insured 3. At the time of an "accident" an "insured" engaged in the business of selling, repair- under the Coverage Form described in 1. is ing, servicing, delivering, testing, road- testing, parking or storing "autos ", and operating an "auto" owned by a person de- scribed in 2., then the Coverage Form is- 2. The other provides coverage to a person sued to the business described in 1. is pri- not engaged in that business, and mary and the Liability Coverage issued to a 3. At the time of an "accident ", a person de- person described in 2. is excess over any scribed in 2. is operating an "auto" owned coverage available to the business. by the business described in i., then that person's liability coverage is primary and the Coverage Form issued to a business de- scribed in 1. is excess over any coverage available to that person. CA 01143 05 05 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ COMMERCIAL AUTO CA 20 5410 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE HIRED AUTOS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. A. Changes In Liability Coverage For Hired Auto Physical Damage Coverage, the The following is added to the Who Is An Insured following are deemed to be covered "autos" you Provision: own: An "employee" of yours is an "insured" while oper- ating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto, Business Auto Physical Damage and Garage Coverage Forms, Paragraph 5.d. of the Other Insurance — Primary And Ex- cess Insurance Provisions Condition in the Truckers Coverage Form and Paragraph 51 of the Other Insurance — Primary And Excess Insur- ance Provisions in the Motor Carrier Coverage Form are replaced by the following: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". CA 20 5410 01 0 ISO Properties, Inc., 2000 Page 1 of 1 ❑ COMMERCIAL AUTO CA 99 33 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEES AS INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. The following is added to the Section II — Liability Coverage, Paragraph A.I. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your busi- ness or your personal affairs. CA 99 33 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 13 COMMERCIAL AUTO CA 99 34 12 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOCIAL SERVICE AGENCIES - VOLUNTEERS AS INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. The following is added to the LIABILITY COVERAGE WHO IS AN INSURED provision: Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. Anyone else who furnishes that "auto" is also an "insured ". CA 99 34 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 1 ❑ J NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA P.O. Box 8507, Santa Cruz, CA 95061 POLICY CHANGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMPANY: Nonprofits' Insurance Alliance of California (10239) POLICY NUMBER: 2010 - 10239 -NPO NAMED INSURED: Newport Elementary School Foundation; The Beacons POLICY CHANGE EFFECTIVE: 11/05/2010 COVERAGE PART AFFECTED: COMMERCIAL GENERAL LIABILITY POLICY CHANGE #: 2 Pape 1 It is hereby agreed that the following Activity /Program(s) are hereby added to the policy: DESCRIPTION: ACTIVITYIPROGRAM #1 Help the Teacher Night ADDITIONAL FORMS AND ENDORSEMENTS: N/A DESCRIPTION: ACTIVITYIPROGRAM #2 Beacon's Bash ADDITIONAL FORMS AND ENDORSEMENTS: N/A DESCRIPTION: ACTIVITY /PROGRAM #3 School Beautification Projects ADDITIONAL FORMS AND ENDORSEMENTS: N/A DESCRIPTION: ACTIVITY /PROGRAM #4 Meetings PREMIUM: 0 PREMIUM: 50 PREMIUM: 50 PREMIUM: 0 CONTINUED NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA POLICY ENDORSEMENT CONTROL NUMBER: 10239 POLICY NUMBER: 2010- 10239 -NPO AGENCY NAME: Newport Elementary School POLICY CHANGE NUMBER: Foundation; The Beacons ADDITIONAL FORMS AND ENDORSEMENTS: N/A All other terms, limits and conditions remain the same. Page 2 ADDITIONAL PREMIUM: $100 RETURN PREMIUM: $0 TOTAL PREMIUM: $100 1 011 5/201 0 (01609) AUTHORIZED SIGNATURE NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA P.O. Box 8507, Santa Cruz, CA 95061 POLICY CHANGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMPANY: Nonprofits' Insurance Alliance of California (10239) POLICY NUMBER: 2010- 10239 -NPO NAMED INSURED: Newport Elementary School Foundation; The Beacons POLICY CHANGE EFFECTIVE: 12/0112010 COVERAGE PART AFFECTED: COMMERCIAL GENERAL LIABILITY POLICY CHANGE #: 3 In consideration of an additional premium, it is hereby agreed that the fallowing Activity /Program(s) are hereby added to the policy: DESCRIPTION: ACTIVITY /PROGRAM #5 Skateboard Workshop ADDITIONAL FORMS AND ENDORSEMENTS: N/A PREMIUM: 75 December All other terms, limits and conditions remain the same. ADDITIONAL PREMIUM: $75 rjal'?� (�4. AUTHORIZED SIGNATURE RETURN PREMIUM: $0 TOTAL PREMIUM: $75 11/10/2010 (01609) NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA P.O. Box 8507, Santa Cruz, CA 95061 POLICY CHANGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMPANY: Nonprofits' Insurance Alliance of California POLICY NUMBER: 2010 - 10239 -NPO NAMED INSURED: Newport Elementary School Foundation POLICY CHANGE EFFECTIVE: COVERAGE PART AFFECTED: POLICY CHANGE #: 1 11/05/2010 COMMERCIAL GENERAL LIABILITY (10239) The Named Insured is hereby amended to read: Newport Elementary School Foundation; The Beacons All other terms. limits and conditions remain the same. Kj� e .a. AUTHORIZED SIGNATURE 10115/2010 ADDITIONAL PREMIUM: $0 RETURN PREMIUM: $0 TOTAL PREMIUM: $0 (01609) ACCIDENT INSURANCE DECLARATIONS MASTER POLICY #SRG 0009124978 A program of National Union Fire Insurance Company ACCOUNT NAME & ADDRESS: CONTROL* POLICY EFFECTIVE DATES: Newport Elementary School Foundation P.O. Box 15834 Newport Beach, CA 92659 10239 1110512610 to 11105/2011 SCHEDULE OF BENEFITS Accidental Death $50,000 Accidental Dismemberment $50,000 Aggregate Indemnity $500,000 Accident Medical, Excess $5,000 Deductible $ 50 PREMIUM: $ 245 Authorized Signature COVERED CLASSES Participants OPTIONAL COVERED ACTIVITIES None 10/06/2010 Date (01609)