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HomeMy WebLinkAboutShoshone Falls After Dark Insurance Policy 2024 POLICY SE1109029 RETAIL AGENCY ADDRESS COVER SHEET TAPCO PO BOX 286 BURLINGTON, NC 27216 Ashley Caldwell 963 Blue Lakes Blvd, Ste D Twin Falls, ID 83301 Due to USPS regulations on automated flat mail, YOU may receive the AGENT COPY and the INSURED COPY of the policy in separate envelopes. Kraft Lake/USLI Quick Access Guide USLI New Business Quotes: • Call USLI toll free number: 844-244-1121 for a phone quote. Please note that this number is for new business quotes only.Any servicing or other requests please refer below. • Prefer to quote online?Access USLI via the Kraft Lake Agency Website under Option 2, Kraft Lake Quick Quote- USLI Online Quoting Hyperlink • If a risk is not eligible for USLI Phone quoting and the underwriter suggests a submitted application for review,you can send applications to kraftlakeapplications@usli.com • When risk is not eligible for USLI,you will be referred to TAPCO for alternative solutions o Call TAPCO at 800-334-5579 o ****If risk is in KY, MT, WV, WY, ND, SD, NE, MN, WI, HI,AK do not call TAPCO USLI is the only market that will write in these states with TAPCO o ****If risk is D&O, E&O, EPLI, or Personal Umbrella, do not call TAPCO. USLI is the only market that will write these coverage lines with TAPCO Bind Requests on USLI quotes: • Email KraftLakeBinder@gotapco.com or fax: 336-584-8880 • For detailed binding instructions, please see instructional sheet attached to all USLI quotes Renewal Quote Changes on USLI policies: • Renewals: KLUSLIAssist@gotapco.com Servicing and Other Requests on USLI policies: • Billing or Accounting Questions o For admitted "direct Bill" policies ■ USLI Direct Bill call: 866-632-2003 ■ Online access for policyholders: https://ezpay.usli.com • You can identify if your policy is Direct Billed by looking on the Declarations Page, in the upper right hand corner it will say"Direct Bill" o For policies not on direct bill including all non-admitted business: o TAPCO accounting Department call: 800-334-5579, press Option 3 then Option 1 ■ You can identify if your policy is Agency Billed by looking on the Declarations Page, in the upper right hand corner it will NOT show"Direct Bill" • Endorsements: KraftLakeUSLlEndorsements@gotapco.com • Certificates of Insurance: KraftLakeUSLlEndorsements@gotapco.com • Cancellations: Cancellations@gotapco.com • Reinstatements: Reinstatements@gotapco.com • Claims Reporting: NewLosses@usli.com or 1-888-875-5231 • Loss Runs: LossRuns@usli.com New Broker Department(New Broker Sign Up/Inquiries/Changes): • Email NewBrokers@gotapco.com 9/10/2018 Edition 3060 South Church Street.P.O.Box 286 Tar)co Burlington,North Carolina 27216 (Local)336-584-8892 (Toll-Free)800-334-5579 (FAX)336-584-8880 (Claims FAX)336-538-0094 CA License#0778135 1300284 Ashley Caldwell 963 Blue Lakes Blvd, Ste D Twin Falls, ID 83301 Producer In our continuing effort to provide you with excellent claim service, you may now report a claim and get claim assistance 24 hours a day/7 days a week. For claim reporting, call toll free 1 -888-875-5231 or visit USLI.COM and select the "report a claim" option. For emergency claims requiring immediate assistance, please use the toll free option. Your call will be referred to a claims professional who will respond within an hour of your call with direction and assistance. Thank you for placing your trust in our company. We pledge to work hard every day to earn and maintain that trust. nGe OV( - eds 1 P Ex�e\\ ood O USLLCOM Q Q � 888-523-5545 CRF 12/16 UNA0DEVON PARK S P E C A L T V N S U R A N C E Privacy Notice At Collection We may need to collect certain personal information to provide you with our services and products. For information on how we store, use and protect personal information, please see our Privacy Policy accessible on our website, https://www.usIi.com/privacy-r)olicy/. Privacy Notice 11/21—USLI page 1 of 1 USLLCOM 888-523-5545 Note About Loss Control Dear Valued Policyholder, Slips, trips and falls are among the most frequent causes of loss. What might surprise you is that, many times, they result in claims and judgments in the hundreds of thousands of dollars, which ultimately impact your insurance premium. In most instances, these claims can be lessened or prevented entirely simply by addressing the most common causes of such losses listed below. Most Common Causes ► Spills, wet or icy walking surfaces ► Uneven or worn floors/carpets/steps/sidewalks ► Inadequate or poorly maintained lighting ► Obstructed views ► Poor housekeeping - Excess clutter/trash in walkways or near open flames or hot surfaces We encourage you to please take the time to periodically inspect your premises to see if any of these conditions exist and work to eliminate them where possible. Your efforts may save you money on future insurance premiums and, quite possibly, save your business. Thank you for choosing and trusting us to help protect your business! "An ounce of prevention is worth a pound of cure." -Benjamin Franklin Regards, Thomas P. Nerney Chairman, President and CEO Loss Control 4/19 This page has been intentionally left blank. NEW United States Liability Insurance Company Renewal of Number 1190 Devon Park Drive, Wayne, Pennsylvania 19087 POLICY DECLARATIONS A Member Company of United States Liability Insurance Group No. SE 1109029 NAMED INSURED AND ADDRESS: SOUTHERN IDAHO TOURISM 2015 NELSEN POINT PL TWIN FALLS, ID 83301 POLICY PERIOD: (MO. DAY YR.) From: 05/02/2024 To: 06/02/2024 12:01 A.M.STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE FORM OF BUSINESS: Non-Profit Corporation BUSINESS DESCRIPTION: Special Event IN RETURN • - THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS •• THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Liability Coverage Part $2,675.00 Wholesaler Broker Fee $75.00 TOTAL: $2,750.00 Coverage Form(s) and Endorsement(s) made a part of this policy at time of issue See Endorsement EOD (1/95) Agent: TAPCO-KL(5576)(5576) Issued: 04/03/2024 7 PO Box 286 Burlington, NC 27216 "— Broker: By: Authorized Represe ati e THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS,COVERAGE PART DECLARATIONS, UPD (08-07) COVERAGE PART COVERAGE FORM(S)AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. EXTENSION OF DECLARATIONS Policy No. SE 1109029 Effective Date: 05/02/2024 12:01 AM STANDARD TIME AT YOUR MAILING ADDRESS FORMS AND ENDORSEMENTS The following forms apply to the Commercial Liability coverage part Endt# Revised Description of Endorsements CG0001 12/07 Commercial General Liability Coverage Form CGO068 05/09 Recording And Distribution Of Material Or Information In Violation Of Law Exclusion CG2026 04/13 Additional Insured-Designated Person or Organization CG2107 05/14 Exclusion -Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability- Limited Bodily Injury Exception Not Included CG2109 06/15 Exclusion - Unmanned Aircraft CG2136 03/05 Exclusion - New Entities CG2139 10/93 Contractual Liability Limitation CG2144 07/98 Limitation Of Coverage To Designated Premises Or Project CG2147 12/07 Employment-Related Practices Exclusion CG2404 05/09 Waiver Of Transfer Of Rights Of Recovery Against Others To Us CG4032 05/23 Exclusion - Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) IL0017 11/98 Common Policy Conditions IL0021 09/08 Nuclear Energy Liability Exclusion Endorsement IL0204 09/08 Idaho Changes- Cancellation And Nonrenewal Jacket 07/19 Policy Jacket L 427 01/20 Exclusion for Fireworks and Other Pyrotechnic Devices L 535 03/15 Exclusion - Products-Completed Operations Hazard Other Than Food Or Beverage Products L-206 02/11 Fully Earned Premium Endorsement L-224 10/10 Punitive Or Exemplary Damages Exclusion L-387 03/06 Exclusion - Mechanical Rides L-423 02/11 Exclusion For Structure Collapse L-428 04/15 Absolute Firearms Exclusion L-472 07/08 Exclusion - Injury To Performers Or Entertainers L-526 01/15 Absolute War Or Terrorism Exclusion L-536 09/09 Exclusion - Participation In Athletic Activity, Physical Activity Or Sports L-599 10/12 Absolute Exclusion for Pollution, Organic Pathogen, Silica, Asbestos and Lead with a Hostile Fire Exception L-607 02/11 Exclusion For Climbing, Rebounding And Interactive Games And Devices L-609 02/11 Animal Exclusion L-610 11/04 Expanded Definition Of Bodily Injury L-656 02/06 Extension Of Coverage- Committee Members L-686 10/12 Absolute Exclusion for Liquor and Other Related Liability L-776 07/12 Primary And Non-Contributory-Written Contract L-816 11/18 Amendments of Conditions - Limits of Insurance Under Multiple Coverage Parts EOD(01/95) All other terms and conditions remain unchanged. Page 1 of 2 EXTENSION OF DECLARATIONS Policy No. SE 1109029 Effective Date: 05/02/2024 12:01 AM STANDARD TIME AT YOUR MAILING ADDRESS FORMS AND ENDORSEMENTS L-820 12/18 Special Events Blanket Additional Insured Endorsement LLQ 102 02/15 Event Vendor, Exhibitor And Contractor Exclusion LLQ101 08/06 Expanded Definition Of Employee LLQ368 08/10 Separation Of Insureds Clarification Endorsement SPE 300 05/09 Special Events Property Damage Amendment TRIADN 12/20 Disclosure Notice of Terrorism Insurance Coverage EOD(01/95) All other terms and conditions remain unchanged. Page 2 of 2 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy No. SE 1109029 Effective Date: 05/02/2024 12:01 STANDARD TIME LIMITS OF INSURANCE Each Occurrence Limit $1,000,000 Personal &Advertising Injury Limit(Any One Person/Organization) $1,000,000 Medical Expense Limit (Any One Person) $1,000 Damages To Premises Rented To You (Any One Premises) $100,000 Products/Completed Operations Aggregate Limit See L-535 General Aggregate Limit $2,000,000 LIABILITY DEDUCTIBLE $0 LOCATIONS OF ALL PREMISES YOU OWN, RENT OR OCCUPY Location Address Territory 1 4155 Shoshone Falls Grade, Twin Falls, ID 83301 001 2 4155 Shoshone Falls Grade, Twin Falls, ID 83301 001 3 4155 Shoshone Falls Grade, Twin Falls, ID 83301 001 4 4155 Shoshone Falls Grade, Twin Falls, ID 83301 001 5 4155 Shoshone Falls Grade, Twin Falls, ID 83301 001 PREMIUM COMPUTATION Advance Premium Evt# Classification Code No. Premium Basis Pr/Co All Other Pr/Co All Other 1 Miscellaneous-Christmas Light Show(applicant is 00041 500 Attendees N/A 625.000 N/A $625 the host of the event) 1 Additional Insured-Blanket-Special Events 49950 1 Per Additional N/A 0.000 N/A $0 Insured 1 Additional Insured-Designated Person 49950 1 Per Additional N/A 0.000 N/A $0 Insured 1 Primary and Non-Contributory-Written Contract 44448 1 Per Event N/A 50.000 N/A $50 1 Waiver of Transfer of Rights of Recovery Against 49956 1 Per Event N/A 50.000 N/A $50 Others to Us 2 Miscellaneous-Christmas Light Show(applicant is 00041 500 Attendees N/A 550.000 N/A $550 the host of the event) 2 Additional Insured-Blanket-Special Events 49950 1 Per Additional N/A 0.000 N/A $0 Insured 3 Miscellaneous-Christmas Light Show(applicant is 00041 500 Attendees N/A 550.000 N/A $550 the host of the event) 3 Additional Insured-Blanket-Special Events 49950 1 Per Additional N/A 0.000 N/A $0 Insured 4 Miscellaneous-Christmas Light Show(applicant is 00041 500 Attendees N/A 550.000 N/A $550 the host of the event) 4 Additional Insured-Blanket-Special Events 49950 1 Per Additional N/A 0.000 N/A $0 Insured 5 Miscellaneous-Christmas Light Show(applicant is 00041 500 Attendees N/A 300.000 N/A $300 the host of the event) 5 Additional Insured-Blanket-Special Events 49950 1 Per Additional N/A 0.000 N/A $0 Insured MINIMUM PREMIUM FOR GENERAL LIABILITY COVERAGE PART: $195 TOTAL PREMIUM FOR GENERAL LIABILITY COVERAGE PART: $2,675 THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. Includes copyrighted material of ISO Commercial Risk Services, Inc.,with its permission. CL150 (10/03) Copyright, ISO Commercial Risk Services, Inc., 1983, 1984, 1988 Page 1 Of 2 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy No. SE 1109029 Effective Date: 05/02/2024 12:01 STANDARD TIME (This Premium may be subject to adjustment.) MP-minimum premium Coverage Form(s)/Part(s)and Endorsement(s)made a part of this policy at time of issue: See Form EOD (01/95) and Form SOE (03/10) THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. Includes copyrighted material of ISO Commercial Risk Services, Inc.,with its permission. CL150 (10/03) Copyright, ISO Commercial Risk Services, Inc., 1983, 1984, 1988 Page 2 Of 2 EXTENSION OF DECLARATIONS Regardless of the dates shown on the Declarations, this insurance applies only for the location(s), event(s) and date(s) specified in this Extension of Declarations. Policy No. SE 1109029 SCHEDULE OF EVENTS Event Start Date End Date Miscellaneous - Christmas Light Show (applicant is the host of 05/02/2024 05/05/2024 the event) Location(s): 4155 Shoshone Falls Grade, Twin Falls, ID 83301 Event Start Date End Date Miscellaneous - Christmas Light Show(applicant is the host of 05/09/2024 05/12/2024 the event) Location(s): 4155 Shoshone Falls Grade, Twin Falls, ID 83301 Event Start Date End Date Miscellaneous - Christmas Light Show (applicant is the host of 05/16/2024 05/19/2024 the event) Location(s): 4155 Shoshone Falls Grade, Twin Falls, ID 83301 Event Start Date End Date Miscellaneous - Christmas Light Show (applicant is the host of 05/23/2024 05/26/2024 the event) Location(s): 4155 Shoshone Falls Grade, Twin Falls, ID 83301 Event Start Date End Date Miscellaneous - Christmas Light Show (applicant is the host of 05/30/2024 05/31/2024 the event) Location(s): 4155 Shoshone Falls Grade, Twin Falls, ID 83301 Subject to the terms and conditions of this policy, coverage is provided for a maximum of twenty-four(24) hours after the scheduled end date of an event shown above. THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. SOE(03/10) All other terms and conditions remain unchanged. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 00 01 12 07 Commercial General Liability Coverage Form Various provisions in this policy restrict coverage. b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage" only if: duties and what is and is not covered. (1) The "bodily injury" or "property damage" is Throughout this policy the words "you" and "your" caused by an "occurrence" that takes place refer to the Named Insured shown in the Declarations, in the"coverage territory"; and any other person or organization qualifying as a (2) The "bodily injury" or "property damage" Named Insured under this policy. The words "we", occurs during the policy period; and us and our refer to the company providing this insurance. (3) Prior to the policy period, no insured listed The word "insured" means any person or organization under Paragraph 1. of Section II — Who Is qualifying as such under Section II — Who Is An In- An Insured and no employee authorized by you to give or receive notice of an "oc- currence"currence" or claim, knew that the "bodily in- Other words and phrases that appear in quotation jury" or "property damage" had occurred, in marks have special meaning. Refer to Section V — whole or in part. If such a listed insured or Definitions. authorized "employee" knew, prior to the SECTION I —COVERAGES policy period, that the "bodily injury" or COVERAGE A BODILY INJURY AND PROPERTY "property damage" occurred, then any con- DAMAGE LIABILITY tinuation, change or resumption of such "bodily injury" or "property damage" during 1. Insuring Agreement or after the policy period will be deemed to a. We will pay those sums that the insured be- have been known prior to the policy period. comes legally obligated to pay as damages c. "Bodily injury" or "property damage" which because of"bodily injury" or"property damage" occurs during the policy period and was not, to which this insurance applies. We will have prior to the policy period, known to have oc- the right and duty to defend the insured against curred by any insured listed under Paragraph any "suit" seeking those damages. However, 1. of Section II — Who Is An Insured or any we will have no duty to defend the insured "employee" authorized by you to give or re- against any "suit" seeking damages for "bodily ceive notice of an "occurrence" or claim, in- injury" or "property damage" to which this in- cludes any continuation, change or resumption surance does not apply. We may, at our discre- of that "bodily injury" or "property damage" af- tion, investigate any "occurrence" and settle ter the end of the policy period. any claim or"suit"that may result. But: d. "Bodily injury" or "property damage" will be (1) The amount we will pay for damages is deemed to have been known to have occurred limited as described in Section III — Limits at the earliest time when any insured listed un- Of Insurance; and der Paragraph 1. of Section II —Who Is An In- (2) Our right and duty to defend ends when we sured or any "employee" authorized by you to have used up the applicable limit of insur- give or receive notice of an occurrence or ance in the payment of judgments or set- claim: tlements under Coverages A or B or medi- (1) Reports all, or any part, of the "bodily injury" cal expenses under Coverage C. or "property damage" to us or any other in- No other obligation or liability to pay sums or surer; perform acts or services is covered unless ex- (2) Receives a written or verbal demand or plicitly provided for under Supplementary Pay- claim for damages because of the "bodily ments—Coverages A and B. injury" or"property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16 0 e. Damages because of "bodily injury" include c. Liquor Liability damages claimed by any person or organiza- "Bodily injury" or "property damage" for which tion for care, loss of services or death resulting any insured may be held liable by reason of: at any time from the "bodily injury". 2. Exclusions (1) Causing or contributing to the intoxication of any person; This insurance does not apply to: (2) The furnishing of alcoholic beverages to a a. Expected Or Intended Injury person under the legal drinking age or un- "Bodily injury" or "property damage" expected der the influence of alcohol; or or intended from the standpoint of the insured. (3) Any statute, ordinance or regulation relating This exclusion does not apply to "bodily injury" to the sale, gift, distribution or use of alco- resulting from the use of reasonable force to holic beverages. protect persons or property. This exclusion applies only if you are in the b. Contractual Liability business of manufacturing, distributing, selling, "Bodily injury" or "property damage" for which serving or furnishing alcoholic beverages. the insured is obligated to pay damages by d. Workers' Compensation And Similar Laws reason of the assumption of liability in a con- Any obligation of the insured under a workers' tract or agreement. This exclusion does not compensation, disability benefits or unem- apply to liability for damages: ployment compensation law or any similar law. (1) That the insured would have in the absence e. Employer's Liability of the contract or agreement; or (2) Assumed in a contract or agreement that is "Bodily injury"to: an "insured contract", provided the "bodily (1) An "employee" of the insured arising out of injury" or "property damage" occurs subse- and in the course of: quent to the execution of the contract or (a) Employment by the insured; or agreement. Solely for the purposes of liabil- (b) Performing duties related to the conduct ity assumed in an "insured contract", rea- of the insured's business; or sonable attorney fees and necessary litiga- tion expenses incurred by or for a party (2) The spouse, child, parent, brother or sister other than an insured are deemed to be of that "employee" as a consequence of damages because of "bodily injury" or Paragraph (1) above. "property damage", provided: This exclusion applies whether the insured (a) Liability to such party for, or for the cost may be liable as an employer or in any other of, that party's defense has also been capacity and to any obligation to share damag- assumed in the same "insured contract"; es with or repay someone else who must pay and damages because of the injury. (b) Such attorney fees and litigation ex- This exclusion does not apply to liability as- penses are for defense of that party sumed by the insured under an "insured con- against a civil or alternative dispute res- tract". olution proceeding in which damages to which this insurance applies are alleged. Page 2 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 0 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened dis- or subcontractors working directly or in- charge, dispersal, seepage, migration, re- directly on any insured's behalf are per- lease or escape of"pollutants": forming operations if the "pollutants" are brought on or to the premises, site or lo- (a) At or from any premises, site or location cation in connection with such opera- which is or was at any time owned or tions by such insured, contractor or sub- occupied by, or rented or loaned to, any contractor. However, this subparagraph insured. However, this subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or me- used to heat, cool or dehumidify the chanical functions necessary for the building, or equipment that is used to operation of "mobile equipment" or heat water for personal use, by the its parts, if such fuels, lubricants or building's occupants or their guests; other operating fluids escape from a (i i) "Bodily injury" or "property damage" vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your pol- intentional discharge, dispersal or re- icy as an additional insured with re- lease of the fuels, lubricants or other spect to your ongoing operations operating fluids, or if such fuels, lub- performed for that additional insured ricants or other operating fluids are at that premises, site or location and brought on or to the premises, site or such premises, site or location is not location with the intent that they be and never was owned or occupied discharged, dispersed or released as by, or rented or loaned to, any in- part of the operations being per- sured, other than that additional in- formed by such insured, contractor sured; or or subcontractor; (iii) "Bodily injury" or "property damage" (i i) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in connec- for any insured or others for the han- tion with operations being performed dling, storage, disposal, processing or by you or on your behalf by a con- treatment of waste; tractor or subcontractor; or (c) Which are or were at any time trans- (iii) "Bodily injury" or "property damage" ported, handled, stored, treated, dis- arising out of heat, smoke or fumes posed of, or processed as waste by or from a hostile fire". for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or in- (ii) Any person or organization for whom directly on any insured's behalf are per- you may be legally responsible; or 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". CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 3 of 16 ❑ (2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising any: out of: (a) Request, demand, order or statutory or (a) The operation of machinery or equip- regulatory requirement that any insured ment that is attached to, or part of, a or others test for, monitor, clean up, re- land vehicle that would qualify under the move, contain, treat, detoxify or neutral- definition of"mobile equipment" if it were ize, or in any way respond to, or assess not subject to a compulsory or financial the effects of, "pollutants"; or responsibility law or other motor vehicle (b) Claim or "suit" by or on behalf of a gov- insurance law in the state where it is li- ernmental authority for damages be- censed or principally garaged; or cause of testing for, monitoring, cleaning (b) the operation of any of the machinery or up, removing, containing, treating, de- equipment listed in Paragraph f.(2) or toxifying or neutralizing, or in any way f.(3) of the definition of "mobile equip- responding to, or assessing the effects ment". of, "pollutants". h. Mobile Equipment However, this paragraph does not apply to "Bodily injury" or "property damage" arising out liability for damages because of "property of: damage" that the insured would have in the absence of such request, demand, order or (1) The transportation of"mobile equipment" by statutory or regulatory requirement, or such an "auto" owned or operated by or rented or claim or "suit" by or on behalf of a govern- loaned to any insured; or mental authority. (2) The use of "mobile equipment" in, or while g. Aircraft, Auto Or Watercraft in practice for, or while being prepared for, "Bodily injury" or "property damage" arising out any prearranged racing, speed, demolition, of the ownership, maintenance, use or en- or stunting activity. trustment to others of any aircraft, "auto" or wa- L War tercraft owned or operated by or rented or "Bodily injury" or "property damage", however loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of: and "loading or unloading". (1) War, including undeclared or civil war; This exclusion applies even if the claims (2) Warlike action by a military force, including against any insured allege negligence or other action in hindering or defending against an wrongdoing in the supervision, hiring, employ- actual or expected attack, by any govern- ment, training or monitoring of others by that insured, if the "occurrence" which caused the ment, sovereign or other authority using "bodily injury" or "property damage" involved military personnel or other agents; or the ownership, maintenance, use or entrust- (3) Insurrection, rebellion, revolution, usurped ment to others of any aircraft, "auto" or water- power, or action taken by governmental au- craft that is owned or operated by or rented or thority in hindering or defending against any loaned to any insured. of these. This exclusion does not apply to: j. Damage To Property (1) A watercraft while ashore on premises you "Property damage"to: own or rent; (1) Property you own, rent, or occupy, including (2) A watercraft you do not own that is: any costs or expenses incurred by you, or (a) Less than 26 feet long; and any other person, organization or entity, for repair, replacement, enhancement, restora- (b) Not being used to carry persons or tion or maintenance of such property for property for a charge; any reason, including prevention of injury to (3) Parking an "auto" on, or on the ways next a person or damage to another's property; to, premises you own or rent, provided the (2) Premises you sell, give away or abandon, if "auto" is not owned by or rented or loaned the "property damage" arises out of any to you or the insured; part of those premises; (4) Liability assumed under any "insured con- (3) Property loaned to you; tract" for the ownership, maintenance or (4) Personal property in the care, custody or use of aircraft or watercraft; or control of the insured; Page 4 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 0 (5) That particular part of real property on This exclusion does not apply to the loss of use which you or any contractors or subcontrac- of other property arising out of sudden and ac- tors working directly or indirectly on your cidental physical injury to "your product" or behalf are performing operations, if the "your work" after it has been put to its intended "property damage" arises out of those op- use. erations; or n. Recall Of Products, Work Or Impaired (6) That particular part of any property that Property must be restored, repaired or replaced be- Damages claimed for any loss, cost or ex- cause "your work" was incorrectly per- pense incurred by you or others for the loss of formed on it. use, withdrawal, recall, inspection, repair, re- Paragraphs (1), (3) and (4) of this exclusion do placement, adjustment, removal or disposal of: not apply to "property damage" (other than (1) "Your product"; damage by fire) to premises, including the con- tents of such premises, rented to you for a pe- (2) "Your work"; or riod of 7 or fewer consecutive days. A separate (3) "Impaired property"; limit of insurance applies to Damage To Prem- if such product, work, or property is withdrawn ises Rented To You as described in Section III or recalled from the market or from use by any — Limits Of Insurance. person or organization because of a known or Paragraph (2) of this exclusion does not apply suspected defect, deficiency, inadequacy or if the premises are "your work" and were never dangerous condition in it. occupied, rented or held for rental by you. o. Personal And Advertising Injury Paragraphs (3), (4), (5) and (6) of this exclu- "Bodily injury" arising out of "personal and ad- sion do not apply to liability assumed under a vertising injury". sidetrack agreement. Paragraph (6) of this exclusion does not apply p Electronic Data to "property damage" included in the "products- Damages arising out of the loss of, loss of use completed operations hazard". of, damage to, corruption of, inability to access, k. Damage To Your Product or inability to manipulate electronic data. "Property damage" to "your product" arising out As used in this exclusion, electronic data of it or any part of it. means information,facts or programs stored as or on, created or used on, or transmitted to or I. Damage To Your Work from computer software, including systems and "Property damage" to "your work" arising out of applications software, hard or floppy disks, CD- it or any part of it and included in the "products- ROMS, tapes, drives, cells, data processing completed operations hazard". devices or any other media which are used This exclusion does not apply if the damaged with electronically controlled equipment. work or the work out of which the damage aris- q• Distribution Of Material In Violation Of es was performed on your behalf by a subcon- Statutes tractor. "Bodily injury" or "property damage" arising di- m. Damage To Impaired Property Or Property rectly or indirectly out of any action or omission Not Physically Injured that violates or is alleged to violate: "Property damage" to "impaired property" or (1) The Telephone Consumer Protection Act property that has not been physically injured, (TCPA), including any amendment of or arising out of: addition to such law; or (1) A defect, deficiency, inadequacy or danger- (2) The CAN-SPAM Act of 2003, including any ous condition in "your product" or "your amendment of or addition to such law; or work"; or (3) Any statute, ordinance or regulation, other (2) A delay or failure by you or anyone acting than the TCPA or CAN-SPAM Act of 2003, on your behalf to perform a contract or that prohibits or limits the sending, transmit- agreement in accordance with its terms. ting, communicating or distribution of mate- rial or information. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 5 of 16 0 Exclusions c. through n. do not apply to damage c. Material Published Prior To Policy Period by fire to premises while rented to you or tempo- "Personal and advertising injury" arising out of rarily occupied by you with permission of the own- oral or written publication of material whose er. A separate limit of insurance applies to this first publication took place before the beginning coverage as described in Section III — Limits Of of the policy period. Insurance. COVERAGE B PERSONAL AND ADVERTISING d. Criminal Acts INJURY LIABILITY "Personal and advertising injury" arising out of 1. Insuring Agreement a criminal act committed by or at the direction of the insured. a. We will pay those sums that the insured be- e. Contractual Liability comes legally obligated to pay as damages because of "personal and advertising injury" to "Personal and advertising injury" for which the which this insurance applies. We will have the insured has assumed liability in a contract or right and duty to defend the insured against agreement. This exclusion does not apply to li- any "suit" seeking those damages. However, ability for damages that the insured would have we will have no duty to defend the insured in the absence of the contract or agreement. against any "suit" seeking damages for "per- f. Breach Of Contract sonal and advertising injury" to which this in- "Personal and advertising injury" arising out of surance does not apply. We may, at our discre- a breach of contract, except an implied con- tion, investigate any offense and settle any tract to use another's advertising idea in your claim or suit that may result. But: "advertisement". (1) The amount we will pay for damages is limited as described in Section III — Limits 9• Quality Or Performance Of Goods—Failure To Conform To Statements Of Insurance; and (2) Our right and duty to defend end when we "Personal and advertising injury" arising out of have used up the applicable limit of insur- the failure of goods, products or services to ance in the payment of judgments or set- conform with any statement of quality or per- tlements under Coverages A or B or medi- formance made in your"advertisement". cal expenses under Coverage C. h. Wrong Description Of Prices No other obligation or liability to pay sums or "Personal and advertising injury" arising out of perform acts or services is covered unless ex- the wrong description of the price of goods, plicitly provided for under Supplementary Pay- products or services stated in your "advertise- ments—Coverages A and B. ment". b. This insurance applies to "personal and adver- i. Infringement Of Copyright, Patent, tising injury" caused by an offense arising out Trademark Or Trade Secret of your business but only if the offense was "Personal and advertising injury" arising out of committed in the "coverage territory" during the the infringement of copyright, patent, trade- policy period. mark, trade secret or other intellectual property 2. Exclusions rights. Under this exclusion, such other intellec- tual property rights do not include the use of This insurance does not apply to: another's advertising idea in your "advertise- a. Knowing Violation Of Rights Of Another ment". "Personal and advertising injury" caused by or However, this exclusion does not apply to in- at the direction of the insured with the fringement, in your "advertisement", of copy- knowledge that the act would violate the rights right, trade dress or slogan. of another and would inflict "personal and ad- vertising injury". j. Insureds In Media And Internet Type Businesses b. Material Published With Knowledge Of "Personal and advertising injury" committed by Falsity an insured whose business is: "Personal and advertising injury arising out of (1) Advertising, broadcasting, publishing or oral or written publication of material, if done by telecasting; or at the direction of the insured with knowledge of its falsity. (2) Designing or determining content of web- sites for others; or Page 6 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 0 (3) An Internet search, access, content or (3) Insurrection, rebellion, revolution, usurped service provider. power, or action taken by governmental au- However, this exclusion does not apply to Par- thority in hindering or defending against any agraphs 14.a., b. and c. of "personal and ad- of these. vertising injury" under the Definitions Section. p. Distribution Of Material In Violation Of For the purposes of this exclusion, the placing Statutes of frames, borders or links, or advertising, for "Personal and advertising injury" arising direct- you or others anywhere on the Internet, is not ly or indirectly out of any action or omission by itself, considered the business of advertis- that violates or is alleged to violate: ing, broadcasting, publishing or telecasting. (1) The Telephone Consumer Protection Act k. Electronic Chatrooms Or Bulletin Boards (TCPA), including any amendment of or "Personal and advertising injury" arising out of addition to such law; or an electronic chatroom or bulletin board the in- (2) The CAN-SPAM Act of 2003, including any sured hosts, owns, or over which the insured amendment of or addition to such law; or exercises control. (3) Any statute, ordinance or regulation, other I. Unauthorized Use Of Another's Name Or than the TCPA or CAN-SPAM Act of 2003, Product that prohibits or limits the sending, transmit- "Personal and advertising injury" arising out of ting, communicating or distribution of mate- the unauthorized use of another's name or rial or information. product in your e-mail address, domain name COVERAGE C MEDICAL PAYMENTS or metatag, or any other similar tactics to mis- 1. Insuring Agreement lead another's potential customers. m. Pollution a. We will pay medical expenses as described below for bodily injury caused by an accident: "Personal and advertising injury" arising out of (1) On premises you own or rent; the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- (2) On ways next to premises you own or rent; cape of"pollutants" at any time. or n. Pollution-Related (3) Because of your operations; Any loss, cost or expense arising out of any: provided that: (1) Request, demand, order or statutory or (a) The accident takes place in the "cover- regulatory requirement that any insured or age territory" and during the policy peri- others test for, monitor, clean up, remove, od; contain, treat, detoxify or neutralize, or in (b) The expenses are incurred and reported any way respond to, or assess the effects to us within one year of the date of the of, "pollutants"; or accident; and (2) Claim or suit by or on behalf of a govern- (c) The injured person submits to examina- mental authority for damages because of tion, at our expense, by physicians of testing for, monitoring, cleaning up, remov- our choice as often as we reasonably ing, containing, treating, detoxifying or neu- require. tralizing, or in any way responding to, or assessing the effects of, "pollutants". b. We will make these payments regardless of fault. These payments will not exceed the ap- o. War plicable limit of insurance. We will pay reason- "Personal and advertising injury", however able expenses for: caused, arising, directly or indirectly, out of: (1) First aid administered at the time of an (1) War, including undeclared or civil war; accident; (2) Warlike action by a military force, including (2) Necessary medical, surgical, x-ray and action in hindering or defending against an dental services, including prosthetic devic- actual or expected attack, by any govern- es; and ment, sovereign or other authority using (3) Necessary ambulance, hospital, profes- military personnel or other agents; or sional nursing and funeral services. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 7 of 16 0 2. Exclusions f. Prejudgment interest awarded against the We will not pay expenses for"bodily injury": insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of a. Any Insured insurance, we will not pay any prejudgment in- To any insured, except "volunteer workers". terest based on that period of time after the of- b. Hired Person fer. To a person hired to do work for or on behalf of g• All interest on the full amount of any judgment any insured or a tenant of any insured. that accrues after entry of the judgment and before we have paid, offered to pay, or depos- c. Injury On Normally Occupied Premises ited in court the part of the judgment that is To a person injured on that part of premises within the applicable limit of insurance. you own or rent that the person normally occu- These payments will not reduce the limits of insur- pies. ance. d. Workers Compensation And Similar Laws 2. If we defend an insured against a "suit" and an To a person, whether or not an "employee" of indemnitee of the insured is also named as a party any insured, if benefits for the "bodily injury" to the "suit", we will defend that indemnitee if all of are payable or must be provided under a work- the following conditions are met: ers' compensation or disability benefits law or a a. The "suit" against the indemnitee seeks dam- similar law. ages for which the insured has assumed the li- e. Athletics Activities ability of the indemnitee in a contract or To a person injured while practicing, instructing agreement that is an "insured contract"; or participating in any physical exercises or b. This insurance applies to such liability as- games, sports, or athletic contests. sumed by the insured; f. Products-Completed Operations Hazard c. The obligation to defend, or the cost of the Included within the "products-completed opera- defense of, that indemnitee, has also been as- tions hazard". sumed by the insured in the same insured contract"; g. Coverage A Exclusions d. The allegations in the "suit" and the information Excluded under Coverage A. we know about the "occurrence" are such that SUPPLEMENTARY PAYMENTS—COVERAGES A no conflict appears to exist between the inter- AND B ests of the insured and the interests of the in- 1. We will pay, with respect to any claim we investi- demnitee; gate or settle, or any "suit" against an insured we e. The indemnitee and the insured ask us to defend: conduct and control the defense of that indem- nitee against such "suit" and agree that we can a. All expenses we incur. assign the same counsel to defend the insured b. Up to $250 for cost of bail bonds required and the indemnitee; and because of accidents or traffic law violations f. The indemnitee: arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We (1) Agrees in writing to: do not have to furnish these bonds. (a) Cooperate with us in the investigation, c. The cost of bonds to release attachments, but settlement or defense of the "suit"; only for bond amounts within the applicable (b) Immediately send us copies of any limit of insurance. We do not have to furnish demands, notices, summonses or legal these bonds. papers received in connection with the d. All reasonable expenses incurred by the in- "suit"; sured at our request to assist us in the investi- (c) Notify any other insurer whose coverage gation or defense of the claim or "suit", includ- is available to the indemnitee; and ing actual loss of earnings up to $250 a day (d) Cooperate with us with respect to coor- because of time off from work. dinating other applicable insurance e. All court costs taxed against the insured in the available to the indemnitee; and "suit". However, these payments do not include (2) Provides us with written authorization to: attorneys' fees or attorneys' expenses taxed against the insured. (a) Obtain records and other information related to the "suit"; and Page 8 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 0 (b) Conduct and control the defense of the 2. Each of the following is also an insured: indemnitee in such "suit". a. Your "volunteer workers" only while performing So long as the above conditions are met, attor- duties related to the conduct of your business, neys' fees incurred by us in the defense of that in- or your "employees", other than either your demnitee, necessary litigation expenses incurred "executive officers" (if you are an organization by us and necessary litigation expenses incurred other than a partnership,joint venture or limited by the indemnitee at our request will be paid as liability company) or your managers (if you are Supplementary Payments. Notwithstanding the a limited liability company), but only for acts provisions of Paragraph 2.b.(2) of Section I — within the scope of their employment by you or Coverage A— Bodily Injury And Property Damage while performing duties related to the conduct Liability, such payments will not be deemed to be of your business. However, none of these "em- damages for"bodily injury" and "property damage" ployees" or "volunteer workers" are insureds and will not reduce the limits of insurance. for: Our obligation to defend an insured's indemnitee (1) "Bodily injury" or "personal and advertising and to pay for attorneys'fees and necessary litiga- injury": tion expenses as Supplementary Payments ends (a) To you, to your partners or members (if when we have used up the applicable limit of in- you are a partnership or joint venture), surance in the payment of judgments or settle- to your members (if you are a limited li- ments or the conditions set forth above, or the ability company), to a co-"employee" terms of the agreement described in Paragraph f. while in the course of his or her em- above, are no longer met. ployment or performing duties related to SECTION II—WHO IS AN INSURED the conduct of your business, or to your 1. If you are designated in the Declarations as: other "volunteer workers" while perform- ing duties related to the conduct of your a. An individual, you and your spouse are in- business; sureds, but only with respect to the conduct of a business of which you are the sole owner. (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volun- b. A partnership or joint venture, you are an in- teer worker" as a consequence of Para- sured. Your members, your partners, and their graph (1)(a) above; spouses are also insureds, but only with re- For which there is any obligation to spect to the conduct of your business. (c) share damages with or repay someone c. A limited liability company, you are an insured. else who must pay damages because of Your members are also insureds, but only with the injury described in Paragraphs (1)(a) respect to the conduct of your business. Your or(b) above; or managers are insureds, but only with respect to their duties as your managers. (d) Arising out of his or her providing or failing to provide professional health d. An organization other than a partnership, joint care services. venture or limited liability company, you are an insured. Your "executive officers" and directors (2) "Property damage"to property: are insureds, but only with respect to their du- (a) Owned, occupied or used by, ties as your officers or directors. Your stock- (b) Rented to, in the care, custody or con- holders are also insureds, but only with respect trol of, or over which physical control is to their liability as stockholders. being exercised for any purpose by e. A trust, you are an insured. Your trustees are you, any of your "employees", "volunteer also insureds, but only with respect to their du- workers", any partner or member (if you are ties as trustees. a partnership or joint venture), or any mem- ber (if you are a limited liability company). CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 9 of 16 0 b. Any person (other than your "employee" or 3. The Products-Completed Operations Aggregate "volunteer worker"), or any organization while Limit is the most we will pay under Coverage A for acting as your real estate manager. damages because of "bodily injury" and "property c. Any person or organization having proper damage" included in the "products-completed op- temporary custody of your property if you die, erations hazard". but only: 4. Subject to Paragraph 2. above, the Personal and (1) With respect to liability arising out of the Advertising Injury Limit is the most we will pay un- maintenance or use of that property; and der Coverage B for the sum of all damages be- cause of all "personal and advertising injury" sus- (2) Until your legal representative has been tained by any one person or organization. appointed. 5. Subject to Paragraph 2. or 3. above, whichever d. Your legal representative if you die, but only applies, the Each Occurrence Limit is the most we with respect to duties as such. That repre- will pay for the sum of: sentative will have all your rights and duties under this Coverage Part. a. Damages under Coverage A; and 3. Any organization you newly acquire or form, other b. Medical expenses under Coverage C than a partnership, joint venture or limited liability because of all "bodily injury" and "property dam- company, and over which you maintain ownership age" arising out of any one "occurrence". or majority interest, will qualify as a Named In- 6. Subject to Paragraph 5. above, the Damage To sured if there is no other similar insurance availa- Premises Rented To You Limit is the most we will ble to that organization. However: pay under Coverage A for damages because of a. Coverage under this provision is afforded only "property damage" to any one premises, while until the 90th day after you acquire or form the rented to you, or in the case of damage by fire, organization or the end of the policy period, while rented to you or temporarily occupied by you whichever is earlier; with permission of the owner. b. Coverage A does not apply to "bodily injury" or 7. Subject to Paragraph 5. above, the Medical Ex- "property damage" that occurred before you pense Limit is the most we will pay under Cover- acquired or formed the organization; and age C for all medical expenses because of "bodily c. Coverage B does not apply to "personal and injury" sustained by any one person. advertising injury" arising out of an offense The Limits of Insurance of this Coverage Part apply committed before you acquired or formed the separately to each consecutive annual period and to organization. any remaining period of less than 12 months, starting No person or organization is an insured with respect with the beginning of the policy period shown in the to the conduct of any current or past partnership, joint Declarations, unless the policy period is extended venture or limited liability company that is not shown after issuance for an additional period of less than 12 as a Named Insured in the Declarations. months. In that case, the additional period will be deemed part of the last preceding period for purposes SECTION III —LIMITS OF INSURANCE of determining the Limits of Insurance. 1. The Limits of Insurance shown in the Declarations SECTION IV—COMMERCIAL GENERAL LIABILITY and the rules below fix the most we will pay re- CONDITIONS gardless of the number of: a 1. Bankruptcy . Insureds; Bankruptcy or insolvency of the insured or of the b. Claims made or"suits" brought; or insured's estate will not relieve us of our obliga- c. Persons or organizations making claims or tions under this Coverage Part. bringing "suits". 2. Duties In The Event Of Occurrence, Offense, 2. The General Aggregate Limit is the most we will Claim Or Suit pay for the sum of: a. You must see to it that we are notified as soon a. Medical expenses under Coverage C; as practicable of an "occurrence" or an offense b. Damages under Coverage A, except damages which may result in a claim. To the extent pos- because of"bodily injury" or"property damage" sible, notice should include: included in the "products-completed operations (1) How, when and where the "occurrence" or hazard"; and offense took place; c. Damages under Coverage B. (2) The names and addresses of any injured persons and witnesses; and Page 10 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 0 (3) The nature and location of any injury or 4. Other Insurance damage arising out of the "occurrence" or If other valid and collectible insurance is available offense. to the insured for a loss we cover under Coverag- b. If a claim is made or "suit" is brought against es A or B of this Coverage Part, our obligations any insured, you must: are limited as follows: (1) Immediately record the specifics of the a. Primary Insurance claim or"suit" and the date received; and This insurance is primary except when Para- (2) Notify us as soon as practicable. graph b. below applies. If this insurance is pri- You must see to it that we receive written no- mary, our obligations are not affected unless tice of the claim or "suit" as soon as practica- any of the other insurance is also primary. ble. Then, we will share with all that other insur- ance by the method described in Paragraph c. c. You and any other involved insured must: below. (1) Immediately send us copies of any de- b. Excess Insurance mands, notices, summonses or legal pa- (1) This insurance is excess over: pers received in connection with the claim or"suit"; (a) Any of the other insurance, whether (2) Authorize us to obtain records and other primary, excess, contingent or on any information; other basis: (3) Cooperate with us in the investigation or (i) That is Fire, Extended Coverage, settlement of the claim or defense against Builder's Risk, Installation Risk or the "suit"; and similar coverage for"your work"; (4) Assist us, upon our request, in the en- (ii) That is Fire insurance for premises forcement of any right against any person rented to you or temporarily occu- or organization which may be liable to the pied by you with permission of the insured because of injury or damage to owner; which this insurance may also apply. (iii) That is insurance purchased by you d. No insured will, except at that insured's own to cover your liability as a tenant for cost, voluntarily make a payment, assume any "property damage" to premises rent- obligation, or incur any expense, other than for ed to you or temporarily occupied by first aid, without our consent. you with permission of the owner; or 3. Legal Action Against Us (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or No person or organization has a right under this watercraft to the extent not subject to Coverage Part: Exclusion g. of Section I — Coverage a. To join us as a party or otherwise bring us into A— Bodily Injury And Property Dam- a "suit" asking for damages from an insured; or age Liability. b. To sue us on this Coverage Part unless all of (b) Any other primary insurance available to its terms have been fully complied with. you covering liability for damages aris- A person or organization may sue us to recover on ing out of the premises or operations, or an agreed settlement or on a final judgment the products and completed operations, against an insured; but we will not be liable for for which you have been added as an damages that are not payable under the terms of additional insured by attachment of an this Coverage Part or that are in excess of the ap- endorsement. plicable limit of insurance. An agreed settlement (2) When this insurance is excess, we will have means a settlement and release of liability signed no duty under Coverages A or B to defend by us, the insured and the claimant or the claim- the insured against any "suit" if any other ant's legal representative. insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 11 of 16 0 (3) When this insurance is excess over other c. We have issued this policy in reliance upon insurance, we will pay only our share of the your representations. amount of the loss, if any, that exceeds the 7. Separation Of Insureds sum of: (a) The total amount that all such other Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this insurance would pay for the loss in the Coverage Part to the first Named Insured, this in- surance applies: (b) The total of all deductible and self- a. As if each Named Insured were the only insured amounts under all that other in- Named Insured; and surance. (4) We will share the remaining loss, if any, b. Separately to each insured against whom claim is made or"suit" is brought. with any other insurance that is not de- scribed in this Excess Insurance provision 8• Transfer Of Rights Of Recovery Against Others and was not bought specifically to apply in To Us excess of the Limits of Insurance shown in If the insured has rights to recover all or part of the Declarations of this Coverage Part. any payment we have made under this Coverage c. Method Of Sharing Part, those rights are transferred to us. The in- ured must do nothing after loss to impair them. At s If all of the other insurance permits contribution our request, the insured will bring "suit" or transfer by equal shares, we will follow this method al-so. Under this approach each insurer contrib- those rights to us and help us enforce them. utes equal amounts until it has paid its applica- 9. When We Do Not Renew ble limit of insurance or none of the loss If we decide not to renew this Coverage Part, we remains, whichever comes first. will mail or deliver to the first Named Insured If any of the other insurance does not permit shown in the Declarations written notice of the contribution by equal shares, we will contribute nonrenewal not less than 30 days before the expi- by limits. Under this method, each insurer's ration date. share is based on the ratio of its applicable lim- If notice is mailed, proof of mailing will be sufficient it of insurance to the total applicable limits of proof of notice. insurance of all insurers. SECTION V—DEFINITIONS 5. Premium Audit 1. "Advertisement" means a notice that is broadcast a. We will compute all premiums for this Cover- or published to the general public or specific mar- age Part in accordance with our rules and ket segments about your goods, products or ser- rates. vices for the purpose of attracting customers or b. Premium shown in this Coverage Part as ad- supporters. For the purposes of this definition: vance premium is a deposit premium only. At a. Notices that are published include material the close of each audit period we will compute placed on the Internet or on similar electronic the earned premium for that period and send means of communication; and notice to the first Named Insured. The due date b. Regarding web-sites, only that part of a web- for audit and retrospective premiums is the site that is about your goods, products or ser- date shown as the due date on the bill. If the vices for the purposes of attracting customers sum of the advance and audit premiums paid or supporters is considered an advertisement. for the policy period is greater than the earned premium, we will return the excess to the first 2. "Auto" means: Named Insured. a. A land motor vehicle, trailer or semitrailer de- c. The first Named Insured must keep records of signed for travel on public roads, including any the information we need for premium computa- attached machinery or equipment; or tion, and send us copies at such times as we b. Any other land vehicle that is subject to a com- may request. pulsory or financial responsibility law or other 6. Representations motor vehicle insurance law in the state where By accepting this policy, you agree: it is licensed or principally garaged. a. The statements in the Declarations are accu- However, "auto" does not include "mobile equip- rate and complete; ment". b. Those statements are based upon representa- tions you made to us; and Page 12 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 0 3. "Bodily injury" means bodily injury, sickness or 9. "Insured contract" means: disease sustained by a person, including death re- a. A contract for a lease of premises. However, sulting from any of these at any time. that portion of the contract for a lease of prem- 4. "Coverage territory" means: ises that indemnifies any person or organiza- a. The United States of America (including its tion for damage by fire to premises while rent- territories and possessions), Puerto Rico and ed to you or temporarily occupied by you with Canada; permission of the owner is not an "insured con- b. International waters or airspace, but only if the tract"; injury or damage occurs in the course of travel b. A sidetrack agreement; or transportation between any places included c. Any easement or license agreement, except in in Paragraph a. above; or connection with construction or demolition op- c. All other parts of the world if the injury or dam- erations on or within 50 feet of a railroad; age arises out of: d. An obligation, as required by ordinance, to (1) Goods or products made or sold by you in indemnify a municipality, except in connection the territory described in Paragraph a. with work for a municipality; above; e. An elevator maintenance agreement; (2) The activities of a person whose home is in f. That part of any other contract or agreement the territory described in Paragraph a. pertaining to your business (including an in- above, but is away for a short time on your demnification of a municipality in connection business; or with work performed for a municipality) under (3) "Personal and advertising injury" offenses which you aassf me the tortl abilityor f another that take place through the Internet or simi- party pay "bodilyinjury" "property lar electronic means of communication damage" to a third person or organization. Tort liability means a liability that would be imposed provided the insured's responsibility to pay dam- by g law in the absence of an contract or ages is determined in a "suit" on the merits, in the agreement. territory described in Paragraph a. above or in a g settlement we agree to. Paragraph f. does not include that part of any contract or agreement: 5. "Employee" includes a "leased worker". "Employ- (1) That indemnifies a railroad for"bodily injury" ee does not include a temporary worker". or "property damage" arising out of con- 6. "Executive officer" means a person holding any of struction or demolition operations, within 50 the officer positions created by your charter, con- feet of any railroad property and affecting stitution, by-laws or any other similar governing any railroad bridge or trestle, tracks, road- document. beds, tunnel, underpass or crossing; 7. "Hostile fire" means one which becomes uncon- (2) That indemnifies an architect, engineer or trollable or breaks out from where it was intended surveyor for injury or damage arising out of: to be. (a) Preparing, approving, or failing to pre- 8. "Impaired property" means tangible property, other pare or approve, maps, shop drawings, than "your product" or "your work", that cannot be opinions, reports, surveys, field orders, used or is less useful because: change orders or drawings and specifi- a. It incorporates "your product" or "your work" cations; or that is known or thought to be defective, defi- (b) Giving directions or instructions, or cient, inadequate or dangerous; or failing to give them, if that is the primary b. You have failed to fulfill the terms of a contract cause of the injury or damage; or or agreement; (3) Under which the insured, if an architect, if such property can be restored to use by the re- engineer or surveyor, assumes liability for pair, replacement, adjustment or removal of "your an injury or damage arising out of the in- product" or "your work" or your fulfilling the terms sured's rendering or failure to render pro- of the contract or agreement. fessional services, including those listed in (2) above and supervisory, inspection, ar- chitectural or engineering activities. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 13 of 16 0 10."Leased worker" means a person leased to you by However, self-propelled vehicles with the fol- a labor leasing firm under an agreement between lowing types of permanently attached equip- you and the labor leasing firm, to perform duties ment are not "mobile equipment" but will be related to the conduct of your business. "Leased considered "autos": worker" does not include a "temporary worker". (1) Equipment designed primarily for: 11."Loading or unloading" means the handling of (a) Snow removal; property: a. After it is moved from the place where it is (b) Road maintenance, but not construction accepted for movement into or onto an aircraft, or resurfacing; or watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices mounted "auto"; or on automobile or truck chassis and used to c. While it is being moved from an aircraft, water- raise or lower workers; and craft or"auto" to the place where it is finally de- (3) Air compressors, pumps and generators, livered; including spraying, welding, building clean- but "loading or unloading" does not include the ing, geophysical exploration, lighting and movement of property by means of a mechanical well servicing equipment. device, other than a hand truck, that is not at- However, "mobile equipment" does not include tached to the aircraft, watercraft or"auto". any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi- 12. Mobile equipment means any of the following cle insurance law in the state where it is licensed types of land vehicles, including any attached ma- or principally garaged. Land vehicles subject to a chinery or equipment: compulsory or financial responsibility law or other a. Bulldozers, farm machinery, forklifts and other motor vehicle insurance law are considered "au- vehicles designed for use principally off public tos". roads; 13."Occurrence" means an accident, including con- b. Vehicles maintained for use solely on or next to tinuous or repeated exposure to substantially the premises you own or rent; same general harmful conditions. c. Vehicles that travel on crawler treads; 14."Personal and advertising injury" means injury, d. Vehicles, whether self-propelled or not, main- including consequential "bodily injury", arising out tained primarily to provide mobility to perma- of one or more of the following offenses: nently mounted: a. False arrest, detention or imprisonment; (1) Power cranes, shovels, loaders, diggers or b. Malicious prosecution; drills; or c. The wrongful eviction from, wrongful entry into, (2) Road construction or resurfacing equipment or invasion of the right of private occupancy of such as graders, scrapers or rollers; a room, dwelling or premises that a person oc- e. Vehicles not described in Paragraph a., b., c. cupies, committed by or on behalf of its owner, or d. above that are not self-propelled and are landlord or lessor; maintained primarily to provide mobility to per- d. Oral or written publication, in any manner, of manently attached equipment of the following material that slanders or libels a person or or- types: ganization or disparages a person's or organi- (1) Air compressors, pumps and generators, zation's goods, products or services; including spraying, welding, building clean- e. Oral or written publication, in any manner, of ing, geophysical exploration, lighting and material that violates a person's right of priva- well servicing equipment; or cy; (2) Cherry pickers and similar devices used to f. The use of another's advertising idea in your raise or lower workers; "advertisement"; or f. Vehicles not described in Paragraph a., b., c. g. Infringing upon another's copyright, trade dress or d. above maintained primarily for purposes or slogan in your"advertisement". other than the transportation of persons or car- go. Page 14 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 0 15."Pollutants" mean any solid, liquid, gaseous or b. Loss of use of tangible property that is not thermal irritant or contaminant, including smoke, physically injured. All such loss of use shall be vapor, soot, fumes, acids, alkalis, chemicals and deemed to occur at the time of the "occur- waste. Waste includes materials to be recycled, rence" that caused it. reconditioned or reclaimed. For the purposes of this insurance, electronic data 16."Prod ucts-com pl eted operations hazard": is not tangible property. a. Includes all "bodily injury" and "property dam- As used in this definition, electronic data means age" occurring away from premises you own or information, facts or programs stored as or on, rent and arising out of "your product" or "your created or used on, or transmitted to or from com- work" except: puter software, including systems and applications (1) Products that are still in your physical pos- software, hard or floppy disks, CD-ROMS, tapes, session; or drives, cells, data processing devices or any other media which are used with electronically controlled (2) Work that has not yet been completed or equipment. abandoned. However, "your work" will be deemed completed at the earliest of the fol- 18."Suit" means a civil proceeding in which damages lowing times: because of "bodily injury", "property damage" or "personal and advertising injury" to which this in- (a) When all of the work called for in your surance applies are alleged. "Suit" includes: contract has been completed. a. An arbitration proceeding in which such dam- (b) When all of the work to be done at the ages are claimed and to which the insured job site has been completed if your con- must submit or does submit with our consent; tract calls for work at more than one job or site. b. Any other alternative dispute resolution pro- (c) When that part of the work done at a job ceeding in which such damages are claimed site has been put to its intended use by and to which the insured submits with our con- any person or organization other than sent. another contractor or subcontractor working on the same project. 19."Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- Work that may need service, maintenance, ployee" on leave or to meet seasonal or short-term correction, repair or replacement, but which workload conditions. is otherwise complete, will be treated as completed. 20."Volunteer worker" means a person who is not your "employee", and who donates his or her work b. Does not include "bodily injury" or "property and acts at the direction of and within the scope of damage" arising out of: duties determined by you, and is not paid a fee, (1) The transportation of property, unless the salary or other compensation by you or anyone injury or damage arises out of a condition in else for their work performed for you. or on a vehicle not owned or operated by 21."Your product": you, and that condition was created by the "loading or unloading" of that vehicle by any a. Means: insured; (1) Any goods or products, other than real (2) The existence of tools, uninstalled equip- property, manufactured, sold, handled, dis- ment or abandoned or unused materials; or tributed or disposed of by: (3) Products or operations for which the classi- (a) You; fication, listed in the Declarations or in a (b) Others trading under your name; or policy schedule, states that products- (c) A person or organization whose busi- completed operations are subject to the ness or assets you have acquired; and General Aggregate Limit. 17."Property damage" means: (2) Containers (other than vehicles), materials, parts or equipment furnished in connection a. Physical injury to tangible property, including with such goods or products. all resulting loss of use of that property. All b. Includes: such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your prod- uct"; and CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 15 of 16 0 (2) The providing of or failure to provide warn- ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth- ers but not sold. 22."Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your work", and (2) The providing of or failure to provide warn- ings or instructions. Page 16 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 ❑ COMMERCIAL GENERAL LIABILITY CG 00 68 05 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of Paragraph 2. Exclusions of Sec- B. Exclusion p. of Paragraph 2. Exclusions of Sec- tion I — Coverage A — Bodily Injury And Prop- tion I — Coverage B — Personal And Advertising erty Damage Liability is replaced by the follow- Injury Liability is replaced by the following: ing: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: p. Recording And Distribution Of Material q. Recording And Distribution Of Material Or Information In Violation Of Law Or Information In Violation Of Law "Personal and advertising injury" arising di- "Bodily injury" or "property damage" arising rectly or indirectly out of any action or omis- directly or indirectly out of any action or sion that violates or is alleged to violate: omission that violates or is alleged to vio- (1) The Telephone Consumer Protection late: Act (TCPA), including any amendment (1) The Telephone Consumer Protection of or addition to such law; Act (TCPA), including any amendment (2) The CAN-SPAM Act of 2003, including of or addition to such law; any amendment of or addition to such (2) The CAN-SPAM Act of 2003, including law; any amendment of or addition to such (3) The Fair Credit Reporting Act (FCRA), law; and any amendment of or addition to (3) The Fair Credit Reporting Act (FCRA), such law, including the Fair and Accu- and any amendment of or addition to rate Credit Transaction Act (FACTA); or such law, including the Fair and Accu- (4) Any federal, state or local statute, ordi- rate Credit Transaction Act (FACTA); or nance or regulation, other than the (4) Any federal, state or local statute, ordi- TCPA, CAN-SPAM Act of 2003 or nance or regulation, other than the FCRA and their amendments and addi- TCPA, CAN-SPAM Act of 2003 or tions, that addresses, prohibits, or limits FCRA and their amendments and addi- the printing, dissemination, disposal, tions, that addresses, prohibits, or limits collecting, recording, sending, transmit- the printing, dissemination, disposal, ting, communicating or distribution of collecting, recording, sending, transmit- material or information. ting, communicating or distribution of material or information. CG 00 68 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: SE 1109029 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 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 Additional Insured Person(s) Or Organization(s): Effective Date: 05/02/2024 CITY OF TWIN FALLS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include B. With respect to the insurance afforded to these as an additional insured the person(s)or organization(s) additional insureds, the following is added to shown in the Schedule, but only with respect to liability Section III - Limits Of Insurance: for"bodily injury", "property damage"or"personal and If coverage provided to the additional insured is advertising injury" caused, in whole or in part, by your required by a contract or agreement, the most we acts or omissions or the acts or omissions of those acting will pay on behalf of the additional insured is the on your behalf: amount of insurance: 1. In the performance of your ongoing operations; or 1. Required by the contract or agreement; or 2. In connection with your premises owned by or 2. Available under the applicable Limits of rented to you. Insurance shown in the Declarations; However: whichever is less. 1. The insurance afforded to such additional insured This endorsement shall not increase the applicable only applies to the extent permitted by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ©Insurance Services Office, Inc.,2012 Page 1 Of 1 COMMERCIAL GENERAL LIABILITY CG 21 07 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Exclusion — Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability — Limited Bodily Injury Exception Not Included This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I — Coverage A — B. The following is added to Paragraph 2. Bodily Injury And Property Damage Liability is Exclusions of Section I — Coverage B — replaced by the following: Personal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Access Or Disclosure Of Confidential Or Personal Information And Data-related Personal Information Liability "Personal and advertising injury" arising out of Damages arising out of: any access to or disclosure of any person's or (1) Any access to or disclosure of any organization's confidential or personal person's or organization's confidential or information, including patents, trade secrets, personal information, including patents, processing methods, customer lists, financial trade secrets, processing methods, information, credit card information, health customer lists, financial information, information or any other type of nonpublic credit card information, health information. information or any other type of This exclusion applies even if damages are nonpublic information; or claimed for notification costs, credit monitoring (2) The loss of, loss of use of, damage to, expenses, forensic expenses, public relations corruption of, inability to access, or expenses or any other loss, cost or expense inability to manipulate electronic data. incurred by you or others arising out of any access to or disclosure of any person's or This exclusion applies even if damages are organization's confidential or personal claimed for notification costs, credit information. monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or(2) above. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CG 21 07 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 09 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.g. Aircraft, Auto Or Watercraft under This Paragraph g.(2) applies even if the Section I — Coverage A — Bodily Injury And claims against any insured allege Property Damage Liability is replaced by the negligence or other wrongdoing in the following: supervision, hiring, employment, training 2. Exclusions or monitoring of others by that insured, if the "occurrence" which caused the This insurance does not apply to: "bodily injury" or "property damage" g. Aircraft, Auto Or Watercraft involved the ownership, maintenance, (1) Unmanned Aircraft use or entrustment to others of any aircraft (other than "unmanned aircraft"), "Bodily injury" or "property damage" "auto" or watercraft that is owned or arising out of the ownership, operated by or rented or loaned to any maintenance, use or entrustment to insured. others of any aircraft that is an"unmanned aircraft". Use includes This Paragraph g.(2) does not apply to: operation and "loading or unloading". (a) A watercraft while ashore on This Paragraph g.(1) applies even if the premises you own or rent; claims against any insured allege (b) A watercraft you do not own that is: negligence or other wrongdoing in the (i) Less than 26 feet long; and supervision, hiring, employment, training or monitoring of others by that insured, if (ii) Not being used to carry persons the "occurrence" which caused the or property for a charge; "bodily injury" or "property damage" (c) Parking an "auto" on, or on the ways involved the ownership, maintenance, next to, premises you own or rent, use or entrustment to others of any provided the "auto" is not owned by aircraft that is an "unmanned aircraft". or rented or loaned to you or the (2) Aircraft(Other Than Unmanned insured; Aircraft), Auto Or Watercraft (d) Liability assumed under any "insured "Bodily injury" or "property damage" contract" for the ownership, arising out of the ownership, maintenance or use of aircraft or maintenance, use or entrustment to watercraft; or others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". CG 21 09 06 15 © Insurance Services Office, Inc., 2014 Page 1 of 2 (e) "Bodily injury" or "property damage" This exclusion applies even if the claims arising out of: against any insured allege negligence or other (i) The operation of machinery or wrongdoing in the supervision, hiring, equipment that is attached to, or employment, training or monitoring of others by part of, a land vehicle that would that insured, if the offense which caused the qualify under the definition of "personal and advertising injury" involved the "mobile equipment" if it were not ownership, maintenance, use or entrustment to subject to a compulsory or others of any aircraft that is an "unmanned financial responsibility law or aircraft". other motor vehicle insurance law This exclusion does not apply to: where it is licensed or principally a. The use of another's advertising idea in garaged; or your"advertisement"; or (ii) The operation of any of the b. Infringing upon another's copyright, trade machinery or equipment listed in dress or slogan in your"advertisement". Paragraph f.(2) or f.(3) of the definition of"mobile equipment". C. The following definition is added to the Definitions B. The following exclusion is added to Paragraph 2. section: Exclusions of Coverage B — Personal And "Unmanned aircraft" means an aircraft that is not: Advertising Injury Liability: 1. Designed; 2. Exclusions 2. Manufactured; or This insurance does not apply to: 3. Modified after manufacture; Unmanned Aircraft to be controlled directly by a person from within or "Personal and advertising injury" arising out of on the aircraft. the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". Page 2 of 2 © Insurance Services Office, Inc., 2014 CG 21 09 06 15 COMMERCIAL GENERAL LIABILITY CG 21 36 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - NEW ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 3. of Section II — Who Is An Insured does not apply. CG 21 36 03 05 © ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 39 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY LIMITATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of "insured contract' in the DEFINI- b. A sidetrack agreement; TIONS Section is replaced by the following: c. Any easement or license agreement, except in "Insured contract" means: connection with construction or demolition opera- a. A contract for a lease of premises. However, that tions on or within 50 feet of a railroad; portion of the contract for a lease of premises that d. An obligation, as required by ordinance, to indem- indemnifies any person or organization for damage nify a municipality, except in connection with work by fire to premises while rented to you or temporar- for a municipality; ily occupied by you with permission of the owner is e. An elevator maintenance agreement. not an "insured contract'; g CG 21 39 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 21 44 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises: Project: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) This insurance applies only to "bodily injury", "property damage", "personal and advertising injury" and medical expenses arising out of: 1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises; or 2. The project shown in the Schedule. CG 21 44 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG 21 47 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Exclusions of Section I — Coverage B — Per- Injury And Property Damage Liability: sonal And Advertising Injury Liability: This insurance does not apply to: This insurance does not apply to: "Bodily injury"to: "Personal and advertising injury"to: (1) A person arising out of any: (1) A person arising out of any: (a) Refusal to employ that person; (a) Refusal to employ that person; (b) Termination of that person's employment; (b) Termination of that person's employment; or or (c) Employment-related practices, policies, (c) Employment-related practices, policies, acts or omissions, such as coercion, demo- acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- defamation, harassment, humiliation, dis- crimination or malicious prosecution di- crimination or malicious prosecution di- rected at that person; or rected at that person; or (2) The spouse, child, parent, brother or sister of (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" that person as a consequence of"personal and to that person at whom any of the employment- advertising injury" to that person at whom any related practices described in Paragraphs (a), of the employment-related practices described (b), or(c) above is directed. in Paragraphs (a), (b), or(c) above is directed. This exclusion applies: This exclusion applies: (1) Whether the injury-causing event described in (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- employment, during employment or after em- ployment of that person; ployment of that person; (2) Whether the insured may be liable as an em- (2) Whether the insured may be liable as an em- ployer or in any other capacity; and ployer or in any other capacity; and (3) To any obligation to share damages with or (3) To any obligation to share damages with or repay someone else who must pay damages repay someone else who must pay damages because of the injury. because of the injury. CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1 0 POLICY NUMBER: SE 1109029 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person Or Organization: Effective Date: 05/02/2024 CITY OF TWIN FALLS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 COMMERCIAL GENERAL LIABILITY CG 40 32 05 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES (PFAS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Exclusions of Section I — Coverage B — Injury And Property Damage Liability: Personal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Perfluoroalkyl And Polyfluoroalkyl Perfluoroalkyl And Polyfluoroalkyl Substances Substances a. "Bodily injury" or "property damage" which a. "Personal and advertising injury" which would not have occurred, in whole or in would not have taken place, in whole or in part, but for the actual, alleged, threatened part, but for the actual, alleged, threatened or suspected inhalation, ingestion, or suspected inhalation, ingestion, absorption, consumption, discharge, absorption, consumption, discharge, dispersal, seepage, migration, release or dispersal, seepage, migration, release or escape of, contact with, exposure to, escape of, contact with, exposure to, existence of, or presence of, any existence of, or presence of, any "perfluoroalkyl or polyfluoroalkyl "perfluoroalkyl or polyfluoroalkyl substances". substances". b. Any loss, cost or expense arising, in whole b. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, or in part, out of the abating, testing for, monitoring, cleaning up, removing, monitoring, cleaning up, removing, containing, treating, detoxifying, containing, treating, detoxifying, neutralizing, remediating or disposing of, or neutralizing, remediating or disposing of, or in any way responding to or assessing the in any way responding to or assessing the effects of, "perfluoroalkyl or polyfluoroalkyl effects of, "perfluoroalkyl or polyfluoroalkyl substances", by any insured or by any other substances", by any insured or by any other person or entity. person or entity. CG 40 32 05 23 © Insurance Services Office, Inc., 2022 Page 1 of 2 C. The following definition is added to the Definitions b. Perfluoroalkyl acids (PFAA), such as Section: perfluorooctanoic acid (PFOA) and its salts, "Perfluoroalkyl or polyfluoroalkyl substances" or perfluorooctane sulfonic acid (PFOS) means any: and its salts; 1. Chemical or substance that contains one or c. Perfluoropolyethers (PFPE); more alkyl carbons on which hydrogen atoms d. Fluorotelomer-based substances; or have been partially or completely replaced by e. Side-chain fluorinated polymers; or fluorine atoms, including but not limited to: 2. Good or product, including containers, a. Polymer, oligomer, monomer or materials, parts or equipment furnished in nonpolymer chemicals and their connection with such goods or products, that homologues, isomers, telomers, salts, consists of or contains any chemical or derivatives, precursor chemicals, substance described in Paragraph C.1. degradation products or by-products; Page 2 of 2 © Insurance Services Office, Inc., 2022 CG 40 32 05 23 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or de- c. Recommend changes. livering to us advance written notice of cancel- 2. We are not obligated to make any inspections, lation. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in- ering to the first Named Insured written notice surability and the premiums to be charged. We of cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancel- dertake to perform the duty of any person or lation if we cancel for nonpayment of pre- organization to provide for the health or safety mium; or of workers or the public. And we do not warrant that conditions: b. 30 days before the effective date of cancel- lation if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply 4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory, date of cancellation. The policy period will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply cancel, the refund will be pro rats. If the first to any inspections, surveys, reports or recom- Named Insured cancels, the refund may be mendations we may make relative to certifica- less than pro rats. The cancellation will be ef- tion, under state or municipal statutes, ordi- fective even if we have not made or offered a nances or regulations, of boilers, pressure ves- sels or elevators. refund. 6. If notice is mailed, proof of mailing will be suf- E. Premiums ficient proof of notice. The first Named Insured shown in the Declara- B. Changes tions: This policy contains all the agreements between 1. Is responsible for the payment of all premiums; you and us concerning the insurance afforded. and The first Named Insured shown in the Declara- 2. Will be the payee for any return premiums we tions is authorized to make changes in the terms pay. of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under can be amended or waived only by endorsement This Policy issued by us and made a part of this policy. C. Examination Of Your Books And Records Your rights and duties under this policy may not be transferred without our written consent except We may examine and audit your books and re- in the case of death of an individual named in- cords as they relate to this policy at any time dur- sured. ing the policy period and up to three years after- If you die, your rights and duties will be trans- ward. ferred to your legal representative but only while D. Inspections And Surveys acting within the scope of duties as your legal rep- 1. We have the right to: resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody a. Make inspections and surveys at any time; 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 0 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury" A. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- or"property damage": ous properties" of"nuclear material", if: (1) With respect to which an "insured" under (1) The "nuclear material" (a) is at any "nuclear the policy is also an insured under a nu- facility" owned by, or operated by or on be- clear energy liability policy issued by Nu- half of, an "insured" or (b) has been dis- clear Energy Liability Insurance Associa- charged or dispersed therefrom; tion, Mutual Atomic Energy Liability (2) The "nuclear material" is contained in Underwriters, Nuclear Insurance Associa- "spent fuel" or "waste" at any time pos- tion of Canada or any of their successors, sessed, handled, used, processed, stored, or would be an insured under any such pol- transported or disposed of, by or on behalf icy but for its termination upon exhaustion of an "insured"; or of its limit of liability; or (3) The "bodily injury" or "property damage" (2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured" of "nuclear material" and with respect to of services, materials, parts or equipment in which (a) any person or organization is re- connection with the planning, construction, quired to maintain financial protection pur- maintenance, operation or use of any "nu- suant to the Atomic Energy Act of 1954, or clear facility", but if such facility is located any law amendatory thereof, or (b) the "in- within the United States of America, its terri- sured" is, or had this policy not been issued tories or possessions or Canada, this ex- would be, entitled to indemnity from the clusion (3) applies only to "property dam- United States of America, or any agency age" to such "nuclear facility" and any thereof, under any agreement entered into property thereat. by the United States of America, or any 2. As used in this endorsement: agency thereof, with any person or organi- zation. "Hazardous properties" includes radioactive, toxic B. Under any Medical Payments coverage, to or explosive properties. expenses incurred with respect to "bodily in- "Nuclear material" means "source material", "spe- jury" resulting from the "hazardous properties" cial nuclear material" or"by-product material". of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 "Source material", "special nuclear material", and (c) Any equipment or device used for the proc- "by-product material" have the meanings given essing, fabricating or alloying of "special them in the Atomic Energy Act of 1954 or in any nuclear material" if at any time the total law amendatory thereof. amount of such material in the custody of "Spent fuel" means any fuel element or fuel com- the "insured" at the premises where such ponent, solid or liquid, which has been used or ex- equipment or device is located consists of posed to radiation in a "nuclear reactor". or contains more than 25 grams of pluto- nium or uranium 233 or any combination "Waste" means any waste material (a) containing thereof, or more than 250 grams of uranium "by-product material" other than the tailings or 235; wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed (d) Any structure, basin, excavation, premises primarily for its "source material" content, and (b) place prepared or used for the storage or di resulting from the operation by any person or or- ganizationdisposal of any "nuclear facility" included under and includes the site on which any of the foregoing the first two paragraphs of the definition of "nu- is located, all operations conducted on such site clear facility". and all premises used for such operations. "Nuclear facility" means: "Nuclear reactor" means any apparatus designed (a) Any "nuclear reactor"; or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical (b) Any equipment or device designed or used mass of fissionable material. for(1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent "Property damage" includes all forms of radioac- fuel", or(3) handling, processing or packag- tive contamination of property. ing "waste"; Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08 IL 02 04 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IDAHO CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 1. and 2. of the Cancellation Com- b. More Than 60 Days mon Policy Condition are replaced by the follow- If this policy has been in effect for more ing: than 60 days, or is a renewal of a policy we 1. The first Named Insured shown in the Declara- issued, we may cancel this policy only for tions may cancel this policy by mailing or deliv- one or more of the following reasons: ering to us advance written notice of cancella- (1) Nonpayment of premium; tion. Cancellation will be effective on the later of the date requested by the first Named In- (2) Fraud or material misrepresentation sured or the date we receive the request. made by you or with your knowledge in 2. Policies In Effect obtaining the policy, continuing the pol- icy or in presenting a claim under the a. 60 Days Or Less policy; If this policy has been in effect for 60 days (3) Acts or omissions on your part which or less, we may cancel this policy by mail- increase any hazard insured against; ing or delivering to the first Named Insured (4) Change in the risk which materially written notice of cancellation at least: increases the risk of loss after the policy (1) 10 days before the effective date of has been issued or renewed including, cancellation if we cancel for nonpay- but not limited to, an increase in expo- ment of premium. If delivered via United sure due to regulation, legislation or States mail, the 10 day notification pe- court decision; riod begins to run five days following the (5) Loss of or decrease in reinsurance date of postmark; or which provided us with coverage for all (2) 30 days before the effective date of or part of the risk insured; cancellation if we cancel for any other reason. IL 02 04 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 (6) A determination by the Director of Insur- 5. If notice is mailed, proof of mailing will be suffi- ance that continuation of this policy cient proof of notice. would jeopardize our solvency or place C. The following Condition is added: us in violation of the insurance laws of Idaho or any other state; or PREMIUM OR COVERAGE CHANGES AT (7) Violation or breach by the insured of any RENEWAL policy terms or conditions other than 1. If we elect to renew this policy, we will mail or nonpayment of premium. deliver written notice of any total premium in- crease greater than ten percent (10%) which is We will mail or deliver written notice of cancel- the result of a comparable increase in premium lation to the first Named Insured at least: rates, change in deductible, reduction in limits (a) 10 days before the effective date of or reduction in coverage to the first Named In- cancellation if we cancel for non- sured, at the last mailing address known to us. payment of premium. If delivered via 2. Any such notice will be mailed or delivered to United States mail, the 10 day notifi- the first Named Insured at least 30 days before cation period begins to run five days the expiration or anniversary date of the policy. following the date of postmark; or the effective date of 3. If notice is not mailed or delivered at least 30 (b) 30 days before cancellation if the cancel for any days before the expiration or anniversary date of the policy, the premium, deductible, limits other reason stated in 2.b. above. and coverage in effect prior to the changes will B. The following Condition is added and supersedes remain in effect until the earlier of the following: any provision to the contrary: a. 30 days after notice is given; or NONRENEWAL b. The effective date of replacement coverage 1. If we elect not to renew this policy, we will mail obtained by the first Named Insured. or deliver to the first Named Insured a written 4. If the first Named Insured accepts the renewal, notice of intention not to renew at least 45 days the premium increase, if any, and other prior to the expiration or anniversary date of changes will be effective on and after the first the policy. day of the renewal term. 2. We will mail or deliver our notice to the first 5. If the first Named Insured elects not to renew, Named Insured's last mailing address known to any earned premium for the resulting extended us. period of coverage will be calculated pro rata at 3. If notice is not mailed or delivered at least 45 the lower of the new rates or rates applicable days before the expiration or anniversary date to the expiring policy. of this policy, this policy will remain in effect un- 6. If notice is mailed, proof of mailing will be suffi- til 45 days after notice is mailed or delivered. cient proof of notice. Earned premium for the extended period of coverage will be calculated pro rata at the rates applicable to the expiring policy. 4. We need not mail or deliver this notice if: a. We have offered to renew this policy; b. You have obtained replacement coverage; or c. You have agreed in writing to obtain re- placement coverage. Page 2 of 2 © ISO Properties, Inc., 2007 IL 02 04 09 08 0 INSURANCE POLICY UNITED STATES LIABILITY INSURANCE GROUP A STOCK COMPANY This policy jacket together with the policy declarations, coverage forms and endorsements, if any, complete A BERKSHIRE HATHAWAY COMPANY this policy. 1190 Devon Park Drive The enclosed declarations designates the issuing Wayne, PA 19087-2191 company. 888-523-5545— USLI.COM Jacket (07-19) Page 1 of 2 INSURANCE POLICY Read your policy carefully! In Witness Whereof, the company has caused this Policy to be executed and attested. Where required by law, this Policy shall not be valid unless countersigned by a duly authorized representative of the company. Secretary President ` Jacket (07-19) Page 2 of 2 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA POLICY EXCESS LIABILITY POLICY EXCLUSION FOR FIREWORKS AND OTHER PYROTECHNIC DEVICES A. This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" or medical expenses including damages for care and loss of services, arising from the ownership, maintenance, operation, sponsorship, set up or take down or other use of fireworks, including firecrackers, Roman Candles, pinwheels skyrockets, ground displays, flares, smoke bombs and similar devices that produce, when ignited or activated, sound, smoke, motion or a combination of these by any Insured or by any person for which any Insured may be liable in any capacity. B. This insurance does not apply to any obligation of any Insured to indemnify, defend or contribute jointly or severally with another because of"bodily injury", "property damage", "personal and advertising injury" or medical expenses arising from any of the activities specified in A., above. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 427 (01-20) Page 1 of 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion — Products-Completed Operations Hazard Other Than Food Or Beverage Products This insurance does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard." This exclusion does not apply to damages because of"bodily injury" and "property damage" caused by food or beverage products. SECTION III - LIMITS OF INSURANCE, 3. is deleted in its entirety and replaced with the following: The most we will pay under Coverage A for damages because of"bodily injury" and "property damage" caused by food or beverage products and included in the "products- completed operations hazard" is the General Aggregate Limit shown on the Declarations. All other terms and condition of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 535 (03-15) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: 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 LIQUOR LIABILITY COVERAGE PART COMMERCIAL UMBRELLA POLICY EXCESS LIABILITY POLICY FULLY EARNED PREMIUM ENDORSEMENT In the event of cancellation of this policy by the insured,the premium is fully earned upon inception of the policy and is not subject to short rate or pro rata cancellation; any conditions of the policy to the contrary notwithstanding. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 206 (02-11) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA POLICY EXCESS LIABILITY POLICY PUNITIVE OR EXEMPLARY DAMAGES EXCLUSION Regardless of any other provision of this policy, this policy does not apply to punitive or exemplary damages. If a "suit" is brought against any insured, and falls within the coverage provided by the policy, seeking both compensatory damages (damages for economic loss and pain and suffering) and punitive or exemplary damages (damages as a means of punishment), no coverage shall be provided by this policy for any costs, interest, defense costs, attorney or legal fees of any type or damages attributable to punitive or exemplary damages. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L-224 (10-10) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA POLICY EXCESS LIABILITY POLICY EXCLUSION - MECHANICAL RIDES This insurance does not apply to "bodily injury", "property damage", or"personal and advertising injury" arising out of the operation, maintenance, existence or use of any mechanical ride or riding device. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L —387 (3-06) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA POLICY EXCESS LIABILITY POLICY EXCLUSION FOR STRUCTURE COLLAPSE This policy does not insure against "bodily Injury", "property damage", "personal and advertising injury" or medical payments, including but not limited to the cost of defense arising from or resulting, directly or indirectly, from the partial or total collapse of any bleacher, grandstand, benches, deck, stairs, steps, platform, boxes or other structures, owned, maintained or used by any insured. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 423 (02-11) Page 1 of 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA POLICY EXCESS LIABILITY POLICY Absolute Firearms Exclusion The policy does not insure against loss or expense, including cost of defense, for any "occurrence", claim or"suit" for"bodily injury", "property damage", "personal and advertising injury" or medical payments arising or resulting from directly, or indirectly, the use of firearms of any kind. This exclusion applies to any"occurrence", claim or"suit"regardless of whether the use of firearms is a direct cause, a contributing cause or a concurrent cause of any loss. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 428 (04-15) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERIAL UMBRELLA POLICY EXCESS LIABILITY POLICY EXCLUSION - INJURY TO PERFORMERS OR ENTERTAINERS This insurance does not apply to: (i) "bodily injury" or"personal and advertising injury" to any performer or entertainer for which any insured may be held liable in any capacity; (ii) any obligation of the insured to indemnify or contribute with another because of damages arising out of the "bodily injury" or"personal and advertising injury" as a consequence of (i) above; or (iii) "bodily injury" or"personal and advertising injury" sustained by the spouse, child, parent, brother or sister of a performer or entertainer of any insured as a consequence of"bodily injury" or"personal and advertising injury" to such performer or entertainer. This exclusion applies to all claims and"suits" by any person or organization for damages because of such "bodily injury" or"personal and advertising injury" including damages for care and loss of services. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 472 (07-08) Page 1 of 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMPREHENSIVE PERSONAL LIABILITY INSURANCE PERSONAL -EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA POLICY COMMERCIAL EXCESS LIABILITY POLICY ABSOLUTE WAR OR TERRORISM EXCLUSION The following supersedes the terms and conditions of this policy. If the Policy to which this endorsement is attached contains an exclusion for War, that exclusion is deleted in its entirety and replaced with the following. If the Policy to which this endorsement is attached does not contain an exclusion for War, the exclusion below applies. This insurance does not apply to, and the Company will not defend or pay Loss for, any Claim arising out of, directly or indirectly resulting from, based upon or in any way involving any actual or alleged: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; or (4) "Terrorism", including any action taken in hindering or defending against an actual or expected incident of"terrorism" regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage The following definition is added to the Definitions Section: "Terrorism" means activities against persons, organizations or property of any nature: 1. That involve the following or preparation for the following: a. Use or threat of force or violence; b. Commission or threat of a dangerous act; or c. Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and 2. When one or both of the following applies: a. The effect is to intimidate or coerce a government, or to cause chaos among the civilian population or any segment thereof, or to disrupt any segment of the economy; or b. It is reasonable to believe the intent is to intimidate or coerce a government, or to seek revenge or retaliate, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to)a philosophy or ideology. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L-526 (01-15) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA POLICY EXCESS LIABILITY POLICY EXCLUSION - PARTICIPATION IN ATHLETIC ACTIVITY, PHYSICAL ACTIVITY OR SPORTS This insurance does not apply to: 1. "Bodily injury", "property damage", "personal and advertising injury" or medical payments to or for participants arising out of or resulting from practice, instruction, participation, demonstration or any athletic activity, physical activity or sport; including but not limited to activity in preparation for or following such activity or sport. 2. "Bodily injury", "property damage" or"personal and advertising injury" sustained by the spouse, child, parent, brother or sister of such participant(s) as a consequence of"bodily injury", "property damage" or "personal and advertising injury"to such participant(s). 3. Any claims or"suits"by any person or organization for damages because of such "bodily injury", "property damage" or"personal and advertising injury" including damages for care and loss of services. This exclusion shall apply whether or not the athletic activity, physical activity or sport is performed in a class, competition, exhibition, game, practice or other setting. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 536 (09-09) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM ABSOLUTE EXCLUSION FOR POLLUTION, ORGANIC PATHOGEN, SILICA, ASBESTOS AND LEAD WITH A HOSTILE FIRE EXCEPTION SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, f. Pollution is deleted in its entirety and replaced with the following: f. Pollution, Organic Pathogen, Silica, Asbestos and Lead (1) "Bodily injury" or"property damage"; or (2) Diminishing or lessening in value of property or for damages from the taking, use or acquisition or interference with the rights of others in property or air space; or (3) Loss, cost or expense, including but not limited to payment for investigation or defense, fines and penalties, arising out of any governmental or any private party action, that an insured or any other party test for,monitor, clean up, remove, contain, mitigate, treat, detoxify or neutralize or in any way respond to or assess the actual or alleged effects of"pollutants", "organic pathogens", "silica", asbestos, or lead; arising directly, indirectly, in concurrence with or in any sequence out of the actual, alleged or threatened presence of or exposure to, ingestion, inhalation, absorption, contact with discharge, dispersal, seepage, release or escape of"pollutants", "organic pathogens", "silica", asbestos, or lead, whether or not any of the foregoing are (1) sudden, accidental or gradual in nature; (2) intentional; or(3) expected or intended from the standpoint of the insured. This exclusion applies even if the "pollutant", "organic pathogen", "silica", asbestos, or lead has a function in, or is used by you in your business, operations, premises, site or location. This exclusion does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire" unless that "hostile fire" occurred or originated: (1) At any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; or (2) At any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond to, or assess the effects of, "pollutants". L 599 (10-12) Pagel of2 This exclusion does not apply to "bodily injury" or"property damage" arising from the consumption of food products intended for human consumption. "Pollutants" mean[s] any solid, liquid, gaseous, bacterial, fungal, electromagnetic, thermal or other substance that can be toxic or hazardous, cause irritation to animals or persons and/or cause contamination to property and the environment including smoke, vapor, soot, fumes, acids, alkalis, chemicals, toxic materials, "volatile organic compound" and gases therefrom, radon, combustion byproducts and waste. Specific examples identified as pollutants include, but are not limited to, diesel, kerosene, and other fuel oils . . . carbon monoxide, and other exhaust gases . . . mineral spirits, and other solvents . . . tetrachloroethylene, perchloroethylene (PERC), trichloroethylene (TCE), methylene chloroform, and other dry cleaning chemicals . . . chlorofluorocarbons, chlorinated hydrocarbons, adhesives, pesticides, insecticides . . . and all substances specifically listed, identified, or described by one or more of the following references: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Priority List Hazardous Substances (1997 and all subsequent editions), Agency for Toxic Substances And Disease Registry ToxFAQsTM, and/or U.S. Environmental Protection Agency EMCI Chemical References Complete Index. "Silica" means silica in any form and any of its derivatives, including but not limited to silica dust, silicon dioxide, crystalline silica, quartz, or non-crystalline (amorphous) silica. "Volatile organic compound" means any compound which discharges organic gases as it decomposes or evaporates, examples of which include but are not limited to formaldehyde, pesticides, adhesives, construction materials made with organic chemicals, solvents, paint, varnish and cleaning products. "Waste" means any property intended to be disposed, recycled, reused or reclaimed by the owner or user thereof. "Organic pathogen" means any organic irritant or contaminant, including but not limited to mold, fungus, bacteria or virus, including but not limited to their byproduct such as mycotoxin, mildew, or biogenic aerosol. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 599 (10-12) Page 2 of UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA POLICY EXCESS LIABILITY POLICY EXCLUSION FOR CLIMBING, REBOUNDING AND INTERACTIVE GAMES AND DEVICES 1) This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" or medical expenses including damages for care and loss of services arising from the ownership, maintenance, operation, sponsorship, set-up or take-down or other use of: a) Rock climbing walls, Velcro walls and similar scaling devices; b) Gymnastic equipment; c) Trampolines and similar rebounding devices; d) "Moon Bounces", "Moon Walks", "Space Walks", and similar inflatable games and devices; e) Laser tag, bungee jumping, Sumo wrestling, human spheres, water slides and similar interactive games and devices; f) Advertising balloons, rooftop balloons, helium blimps and similar devices by any insured or by any person for which any insured may be held liable in any capacity. 2) This insurance does not apply to any obligation of any Insured to indemnify, defend or contribute jointly or severally with another because of"bodily injury", "property damage", "personal and advertising injury" or medical expenses arising from any of the activities specified in 1), above. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 607 (02-11) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA POLICY EXCESS LIABILITY POLICY ANIMAL EXCLUSION This policy does not provide coverage for"bodily Injury", "property damage" or medical payments to others, caused by or arising out of contact with any animals, reptiles, birds, fish, insects and any animal organism other than human. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 609 (02-11) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESSOWNERS COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM EXPANDED DEFINITION OF BODILY INJURY The Definition of"bodily injury"is removed in its entirety and replaced with the following: 1. 'Bodily injury" means: a. bodily injury, b. sickness, C. disease; or d. mental anguish or emotional distress arising out of a., b., or c., above, sustained by a person, including death resulting from any of these at any time. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 610 (11/04) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM EXTENSION OF COVERAGE - COMMITTEE MEMBERS Commercial General Liability Coverage Form, Section II—WHO IS AN INSURED, Subsection 1, is amended to add: f. A committee, then the members of the committee are also insureds but only with respect to liability to others arising from the conduct of committee business or activities within the scope of their duties as members of the committee. However, no committee member is an insured with respect to the conduct of any business or any activities on behalf of a committee that is not shown as a Named Insured on the Declarations. Liquor Liability Coverage Form Section II—WHO IS AN INSURED, Subsection 1 is amended to add: e. A committee, then members of the committee are also insureds but only with respect to liability to others arising from the conduct of committee business or activities within the scope of their duties as members of the committee. However, no committee member is an insured with respect to the conduct of any business or any activities on behalf of a committee that is not shown as a Named Insured on the Declarations. All other terms and conditions of this Policy remain unchanged. This endorsement is a part of your Policy and takes effect on the effective date of your Policy unless another effective date is shown. L 656 (2/06) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM ABSOLUTE EXCLUSION FOR LIQUOR AND OTHER RELATED LIABILITY SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2.Exclusions, c.Liquor Liability is deleted in its entirety and replaced by the following: c. Liquor Liability Loss or expense, including but not limited to the cost of defense, arising from or resulting, directly or indirectly, from: (1) The causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age; (3) The furnishing of alcoholic beverages to a person who is under the influence of alcohol; (4) Violation of any statute, ordinance or regulation relating to the sale, gift, distribution, furnishing or use of alcoholic beverages; or (5)The failure of any insured to prevent"bodily injury", "property damage"or"personal and advertising injury"to any person, including but not limited to an alleged intoxicated person, caused or alleged to be caused by the intoxication of any person(s)whether or not concurrent with other actual or alleged causes or whether or not any insured(s) furnished or served alcoholic beverage to such intoxicated person(s). This exclusion applies to all injury sustained by any person, including mental anguish or emotional distress, whether alleged, threatened or actual including but not limited to your negligence or other wrongdoing with respect to: (1) Hiring,placement, employment,training, supervision, control or retention of a person for whom any insured is or ever was legally responsible; or (2) Investigation or reporting to the proper authorities, or failure to so report; or (3)The failure to protect any person while that person was in the insured's care, custody or control, including but not limited to providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 686 (10-12) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Primary And Non-Contributory - Written Contract Schedule: Effective Date: 05/02/2024 Name of Person or Organization: CITY OF TWIN FALLS (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. OTHER INSURANCE, a. Primary Insurance is amended with the addition of the following: The coverage afforded by this policy to the person(s) or organization(s) listed above is primary and non- contributory if: 1. This insurance is required to be primary and non-contributory under a written contract; and 2. The loss to be covered occurs on or after the effective date of the written contract; and 3. The loss to be covered resulted solely and exclusively from your ongoing acts or omissions or the ongoing acts or omissions of those acting on your behalf in performing "your work"under a written contract referred to above. 4. The person(s) or organization(s) is an additional insured under this policy. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 776 (07-12) Page l of l This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABLITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM AMENDMENTS OF CONDITIONS- LIMITS OF INSURANCE UNDER MULTIPLE COVERAGE PARTS It is agreed: The Other Insurance Conditions of the applicable coverage forms are changed to include the following: Limits of Insurance Under Multiple Coverage Parts If we determine that more than one coverage part applies to the same "occurrence"or "injury", the maximum limits of insurance available under all coverage parts combined shall be the highest applicable limit of insurance under any one coverage part. The applicable deductible shall correspond to the coverage part with the highest limit of insurance. This Condition does not apply to any coverage form or policy issued by us, or an affiliated company specifically to apply as excess or umbrella coverage over this policy. All other terms are the same. This endorsement is a part of the Named Insured's policy. It takes effect on the effective date of the Named Insured's policy unless there is another effective date that is shown. L 816 (11-18) Page 1 of 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM SPECIAL EVENTS BLANKET ADDITIONAL INSURED ENDORSEMENT Section II — Who Is An Insured of the Commercial General Liability Coverage Form is amended to include as an insured any person(s) or organization(s) who you are required to add as an additional insured to this policy under written contract(s), written permit(s) or written agreement(s). Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the effective date of such written contract(s), written permit(s) or written agreement(s) that is caused, in whole or in part by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf in the performance of your duties under such written contract(s), written permit(s) or written agreement(s) Exclusions under Coverage A, Bodily Injury and Property Damage Liability, Coverage B. Personal and Advertising Injury Liability; and Coverage C. Medical Payments are amended to add the following: We will not pay for loss or expense, including but not limited to the cost of defense for "bodily injury", "property damage" or"personal and advertising injury" occurring: (1) After all of "your work", including labor, materials, parts or equipment furnished in connection with "your work" and performed under the above referenced written contract(s), written permit(s) or written agreement(s) has ended; or (2) When that portion of"your work" out of which the "bodily injury", "property damage" or "personal and advertising injury" arises and performed under the above referenced written contract(s), written permit(s) or written agreement(s) has been put to its intended use by any person(s) or organization(s); whichever occurs first. Coverage is not provided for "bodily injury", "property damage" or "personal and advertising injury" arising out of or resulting from the sole negligence of an additional insured under this endorsement. Coverage provided by this endorsement will be excess over any insurance available to any additional insured under this endorsement unless a written contract(s), written permit(s) or written agreement(s) specifically requires that coverage under this endorsement is primary. Section II—Who Is an Insured of the Liquor Liability Coverage form is amended to include as an insured any person(s) or organization(s) who you are required to add as an additional insured to this policy under written contract(s), written permit(s) or written agreement(s). Such person(s) or organization(s) is an insured only with respect to their alleged liability for"injury" L 820 (12-18) Page 1 of 2 occurring on or after the effective date of such written contract(s), written permit(s) or written agreement(s) that is caused in whole or in part by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf in the performance of your duties under such written contract(s), written permit(s) or written agreement(s) but only if such alleged liability results directly from the selling, serving or furnishing of any alcoholic beverage at the Special Event shown on the Declaration page. Coverage is not provided for "injury" arising out of or resulting from the sole negligence of an additional insured under this endorsement. Coverage provided by this endorsement will be excess over any insurance available to any additional insured under this endorsement unless a written contract(s), written permit(s) or written agreement(s) specifically requires that coverage under this endorsement is primary. All other terms and conditions of this policy remain unchanged and shall apply to the coverage provided by this endorsement. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 820 (12-18) Page 2 of 2 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM Event Vendor, Exhibitor And Contractor Exclusion I. This policy does not insure against loss or expense, including but not limited to the cost of defense arising from or resulting directly or indirectly, from"bodily injury", "property damage", or"personal or advertising injury" arising out of operations performed for any insured or other party: A.By a vendor, exhibitor, or performer participating in an event hosted, sponsored or coordinated by any insured; or B.Any contractor(s)or sub-contractor(s) doing work at or for any event hosted sponsored or coordinated by any insured This includes any acts or omissions of any insured in the hiring, employment, training, selection, retention, or monitoring of any person or entity described in paragraph A. or B. above. II. As respects to this exclusion solely, Section IV. Commercial General Liability and Liquor Liability Conditions, item 7. Separation of Insured is deleted in its entirely and replaced with the following: 7. Separation of Insureds Except with respect to the Limits of Insurance, this exclusion and any rights or duties specifically assigned in this coverage part to the first Named Insured, this insurance applies a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or"suit" is brought. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. LLQ 102 (02-15) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM EXPANDED DEFINITION OF EMPLOYEE Liquor Liability Coverage Form, Paragraph 3 of Section V—DEFINITIONS is deleted in its entirety and replaced with the following: 3. "Employee" includes a "leased worker", "temporary worker"or"volunteer worker". A"volunteer worker"means a person 21 years of age or older who is not your"employee" and who donates work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. Commercial General Liability Coverage Form, Paragraph 5 of Section V— DEFINITIONS is deleted in its entirety and replaced with the following: 5. "Employee" includes a"leased worker" and"temporary worker". All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. LLQ-101 (8/06) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM SEPARATION OF INSUREDS CLARIFICATION ENDORSEMENT It is agreed that SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS and SECTION IV—LIQUOR LIABILITY CONDITIONS; 7. Separation Of Insureds is deleted in its entirety and replaced with the following: 7. Separation of Insureds The Limits of Insurance of this policy 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, but nothing in this endorsement shall serve to increase the Limits of Insurance beyond the Per occurrence, per person, per premises, per common cause, aggregate or any similar limit stipulated in the Declarations. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. LLQ 368 (08-10) Page 1 of 1 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SPECIAL EVENTS PROPERTY DAMAGE AMENDMENT SECTION I—COVERAGES, 2. Exclusions,j. Damage To Property, is amended as follows: With respect to Special Events as described on the Declaration or endorsement(s) the following is deleted: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven (7) or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. And replaced by: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for the period of time stipulated on the Declaration or endorsement(s) for the Special Event. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III—LIMITS OF INSURANCE. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. SPE 300 (05-09) Page 1 of 1 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act ("the Act"), as amended, you have a right to purchase insurance coverage for losses arising out of acts of terrorism. As defined in Section, 102 (1) of the Act. The term "act of terrorism" means any act or acts that are certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You should know that any coverage for losses caused by certified acts of terrorism is partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States reimburses 80% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The premium charged for this coverage is provided below and does not include any charges for the portion of loss covered by the federal government under the Act. Coverage for "insured losses", as defined in the Act, is subject to the coverage terms, conditions, amounts and limits in this policy applicable to losses arising from events other than acts of terrorism. You should know that the Act, as amended, contains a $100 billion cap that limits U.S. Government reimbursement, as well as insurers' liability, for losses resulting from certified acts of terrorism when the amount of such losses in any one calendar year exceeds $100 billion. If the aggregate insured losses for all insurers exceed $100 billion in any one calendar year, your coverage may be reduced. You should also know that, under federal law, you are not required to purchase coverage for losses caused by certified acts of terrorism. REJECTION OR SELECTION OF TERRORISM INSURANCE COVERAGE Note: In the states of California, Georgia, Hawaii, Illinois, Iowa, Maine, North Carolina, Oregon, Washington, West Virginia and Wisconsin, our terrorism exclusion makes an exception for fire losses resulting from an Act of Terrorism. In these states, if you decline to purchase Terrorism Coverage, you still have coverage for fire losses resulting from an Act of Terrorism. Please "X" one of the boxes below and return this notice to the Company. X I decline to purchase Terrorism Coverage. I understand that I will have no coverage for losses arising from acts of Terrorism. I elect to purchase coverage for certified acts of Terrorism for a premium of$ On File with the Company SOUTHERN IDAHO TOURISM Applicant Name (Print) Named Insured Signature on File with the Company On File with the Company Authorized Signature Date TRIADN (12-20) Page 1 of 1 This page has been intentionally left blank.