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Home My WebLink AboutUrbanRenewalAgencyoftheCityofTwinFalls_119172 4: IR 114 F) Po/icy Year 2024-2025 D D ,._, Multi-Lines Insuran Policy Issued for: Urban Renewal Agency of the City of Twin Falls Issued by: Idaho Counties Risk Management Program 3100 Vista Avenue, Suite 300, Boise, ID 83705 Phone: (208) 336-3100 — Fax: (208) 336-2100 www.icrmp.org October 17, 2024 TO: Urban Renewal Agency of the City of Twin Falls RE: Terrorism Coverage for Policy Year Effective October 1, 2024 Dear Valued ICRMP Member: Following the events of September 11, 2001, the nation's largest insurers took their case to Congress concerning their ability to withstand the financial consequences of additional terrorist acts that might take place on American soil. As a consequence, Congress enacted the Terrorism Risk Insurance Act(TRIA)that is intended to protect insured property owners by assuring that their property insurers are not overwhelmed by terrorism-driven claims. Local government risk sharing pools generally were excluded from TRIA. Because ICRMP is regulated under Idaho law as a reciprocal insurer, federal law requires ICRMP to offer complete terrorism property coverage to its Members. In accordance with the Terrorism Risk Insurance Act, as extended on December 26, 2007, we are required to offer you coverage of all of the property we insure that your entity lists on our schedule of values against any"certified act of terrorism". We are providing property coverage by including the peril of terrorism as a cause of loss in Section V- Property of your renewal policy. This is your formal notice as required by Federal Law and disclosure that there is not an additional premium for this coverage. The Terrorism Risk Insurance Act, as extended on December 26, 2007 by the enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2007 (TRIPRA), is a U.S. Treasury Department program under which the federal government would share, with regulated insurance carriers, the risk of loss from terrorist attacks. The Act applies when the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, certifies that an event meets the definition of a"certified act of terrorism". Certified acts of terrorism can also include foreign or domestic acts of terrorism,but they still must be certified as such by the Federal officers listed above. Sincerely, Justin Nyquist Underwriting Coordinator For Policy Year Effective October 1, 2024 PUBLIC ENTITY MULTI-LINES INSURANCE POLICY DECLARATIONS ISSUED BY IDAHO COUNTIES RISK MANAGEMENT PROGRAM, UNDERWRITERS 3100 Vista Avenue, Suite 300 Boise, Idaho 83705 (208)336-3100 Named Insured: Urban Renewal Agency of the City of Twin Falls Address: P.O. Box 1907 Twin Falls , Idaho 83303 Application Date: August 1,2024 Policy Number: 44A18018100124 Policy Period: From: October 1,2024 TO: October 1,2025 Both dates above at 12:01 AM Member Contribution: $9,044 NOTICE REGARDING INSURANCE GUARANTY ASSOCIATION As required by Article Vill, Section 4 and Article XII, section 4 of the Idaho Constitution and Idaho Code Section 41- 3603(10),the ICRMP Program is not a participant in the Idaho Insurance Guaranty Association. As such, ICRMP Subscribers are not responsible for the costs of private insurer insolvencies, nor are they or claimants against them entitled to any of the protections which participation in the Guaranty Association would provide. This notice is provided in cooperation with the Idaho Insurance Guaranty Association. For additional information concerning this notice,contact ICRMP at 208-336-3100. Language Effective October 1,2024 D-1 ICRMP44A2025 PROPERTY ------------------------------------------------------------- Section V limit of II III III per occurrence and this limit is forproperty coverages and Insuringall limits of insurance combined with all public entity members collectively. Agreements JECEMM=1 Coverage Basis / Buildings,Structures&Properf ,Mobile Equipment and Vehicle Physical Damage Sublimits: Claim Preparation Fees&Expenses $100,000 Per covered occurrence. The first $1,500 per covered Debris Removal $1,000,000 or 25%of Per covered occurrence. occurrence for damage,whichever is Physical Damage less) to Automobiles or Earthquake $50,000,000 Per covered occurrence and/or in the Annual Aggregate with all Mobile Equipment, ICRMP Public Entity Members claims combined in this policy year. or the first $10,000 per covered Employee/Volunteer Property $50,000 Per covered occurrence. occurrence for loss/ damage to Evacuation Expenses $50,000 Per covered occurrence and/or in the aggregate for multiple buildings, occurrences in this policy year. structures, contents,or Fire Brigade/Extinguishing $25,000 Per covered occurrence. property in the open Fine Arts $1,000,000 Per covered occurrence and/or in the Annual Aggregate for multiple Earthquake:The occurrences in this policy year. first$50,000 per covered Flood Type 1 $12,500,000 Per covered occurrence and/or in the Annual Aggregate with all occurrence. ICRMP Public Entity Members claims combined in this policy year. Flood Type 1: The first$500,000 per Flood Type 2 $50,000,000 Per covered occurrence and/or in the Annual Aggregate with all building and first ICRMP Public Entity Members claims combined in this policy year. $500,000 per contents per Ordinance or Law $1,000,000 Per covered occurrence. covered occurrence.For Landscape Items $25,000 Per covered occurrence. NFIP Emergency Program first Newly Acquired Property $2,500,000/120 days Per covered occurrence and within 120 days of acquisition. $100,000. Operational Disruption Expense $2,500,000 Per covered occurrence,includes sublimits as listed under heading. Flood Type 2: The • Income Loss $500,000 Per covered occurrence and is included in the$2,500,000 limit. first$50,000 per • Data Restoration $250,000 Per covered occurrence and is included in the$2,500,000 limit. covered • Extra Expense $250,000 Per covered occurrence and is included in the$2,500,000 limit. occurrence. • Expediting Expense $250,000 Per covered occurrence and is included in the$2,500,000 limit. • Leasehold Interest $250,000 Per covered occurrence and is included in the$2,500,000 limit. Gymnasium Floor: The first 20%of the loss caused by water per covered Property in Course of Construction $2,500,000 Per covered occurrence. occurrence. Property in Transit $1,000,000 Per covered occurrence. Weight of Snow, Hail,Pipes& Protection&Preservation of Property $250,000 Per covered occurrence. Fittings Failure:The first 10%of the loss Service Animals $30,000 Per covered occurrence. per covered occurrence Unmanned Aircraft(Drones) $50,000 Per covered occurrence. Valuable Papers and Records $1,000,000 Per covered occurrence and includes sublimits as listed under • Data Restoration Related to heading. Valuable Papers and Records $250,000 Per covered occurrence and/or in the aggregate for multiple occurrences in this policy year. Vehicles&Mobile Equipment $1,500,000 Per item per covered occurrence when travelling over the road and no more than$10,000,000 for multiple items per occurrence while not in use or stationary. Language Effective October 1,2024 D-2 ICRMP44A2025 CRIME INSURANCE-Section Limit • Insuring • • •Insurance I • • The first$5,000 of any 1. Employee Dishonesty $250,000 Per covered occurrence and in the aggregate for all loss in this section. claims annually. 2. Loss Inside Premises $250,000 Per covered occurrence and in the aggregate for all claims annually. 3. Loss Outside Premises $250,000 Per covered occurrence and in the aggregate for all claims annually. 4. Notary Public $10,000 Per covered occurrence. OCCURRENCE LIABILITY • ' DefenseIndemnification Limit for Covered Indemnification Limit for Section andlor Insuring Agreements Claims BroughtAll Other Covered Claims Covered Claims . IdahoPursuant to Title 6, .. AUTO LIABILITY-SECTION V11 1. Automobile Liability(Accident Outside State of $500,000 $3,000,000 $2,000,000 Per covered Idaho) accident. Automobile Liability(Accident Inside State of $500,000 $500,000 Included in above Per covered Idaho) accident. 2. Automobile Medical Payments $5,000 $5,000 Not Applicable Each person. $100,000 $100,000 Each accident. 3. Uninsured/Underinsured Motorists $100,000 $100,000 Included in above Each person. $300,000 $300,000 Each accident. GENERAL LIABILITY-SECTION Vlll 1. General Liability $500,000 $3,000,000 $2,000,000 Per covered occurrence. Sublimits: Sewer Backup $500,000 $500,000 Included in above Per covered occurrence. Fire Suppression Liability $500,000 $500,000 Included in above Per covered occurrence. LAW ENFORCEMENT LIABILITY-SECTION IX Per covered 1. Law Enforcement Liability $500,000 $3,000,000 $2,000,000 occurrence. Language Effective October 1,2024 D-3 ICRMP44A2025 CLAIMS MADE LIABILITY COVERAGES --for ------------------------ In(eamnificatirn Limit Claims IndemnificationDefense Section andlor Insuring Agreements Brought Pursuant to for All Other Covered Li Basis mit for Coverage Title 6,Ch. ' Idaho Code ERRORS&OMISSIONS LIABILITY—SECTION X CLAIMS MADE COVERAGE Retroactive Date: March 7,2003 1. Errors&Omissions Liability $500,000 $3,000,000 $2,000,000 Per covered claim. EMPLOYEE BENEFITS LIABILITY—SECTION XI CLAM MADE COVERAGE Retroactive Date: March 7,2003 1. Employee Benefits Liability $500,000 $3,000,000 $2,000,000 Per covered claim. Per covered claim. EMPLOYMENT PRACTICES LIABILITY—SECTION XII Deductible applies CLAM MADE COVERAGE as follows: Retroactive Date: March 7, 2003 The first $20,000 per covered claim as detailed within 1. Employment Practices Liability $500,000 $3,000,000 $2,000,000 the coverage section. SEXUAL MOLESTATION/SEXUAL ABUSE LIABILITY— SECTION Xlll CLAWS MADE COVERAGE Retroactive Date: October 1,2010 1. Sexual Molestation/Sexual Abuse Liability $500,000 $3,000,000 $2,000,000 Per covered claim. CHEMICAL SPRAYING ACTIVITITES LIABILITY—SECTION XIV CLAIMS MADE COVERAGE $500,000 $500,000 $500,000 Per covered claim Retroactive Date: March 7,2003 and/or in the aggregate for multiple claims. 1. Chemical Spraying Activities Liability ANNUAL AGGREGATE INDEMNIFICATION LIMIT FOR POLICY PERIOD FOR SECTIONS VII,Vill,IX,X,XI,XII,XIII,XIV,AND XV COMBINED IS$5,000,000. Language Effective October 1,2024 D-4 ICRMP44A2025 SECTIONI • andlor Aggregate Deductible Limit #1-Pollutants Amendatory Per covered occurrence and The first $1,500 Endorsement $100,000 Not applicable $500,000 in the annual aggregate of any loss for for multiple claims. Endorsement#1. #2—Security&Privacy Liability Endorsement $1,000,000 Included in Per Covered claim and$10,000,000 CLAIMS MADE COVERAGE indemnification in the aggregate annually. The first $10,000 Retroactive Date: October 1,2015 limit Aggregate is shared among all of any loss and ICRMP Entity Members collectively 12 hours waiting insured for Security&Privacy period for Liability for multiple claims. Endorsement#2. Sublimits: Privacy Regulatory Claims $500,000 Each Sublimit Per Covered claim Security Breach Response $500,000 and$10,000,000 in the aggregate Business Income&Digital Asset Restoration $500,000 annually.Aggregate is shared PCI DSS Assessment $500,000 among all ICRMP Entity Members collectively insured for Security& Privacy Liability for multiple claims. Cyber Extortion $50,000 Cyber Extortion is$50,000 Per Covered Claim and/or in the aggregate for multiple claims. Social Engineering Financial Fraud $100,000 Social Engineering Fraud is $100,000 Per Covered Claim and/or in the aggregate for multiple claims. #3—Public Land Fire Suppression Amendatory Per covered occurrence and/or in Endorsement $500,000 Not applicable the aggregate for multiple claims subject to annual aggregate. Per covered occurrence and/or in #4-Terrorism Liability Amendatory Endorsement $500,000 $500,000 the aggregate for multiple claims subject to annual aggregate. #6—Equipment Breakdown Endorsement Per covered occurrence for each The first $10,000 1. Spoilage $500,000 Not applicable limit and sublimit as listed.This of any loss for 2. Service Interruption $2,500,000 for endorsement's limit of insurance is Endorsement#6. 3. Expediting Expense 4. Business Income&Extra Expense $500,000 endorsement $100,000,000 per occurrence for all . Hazardous Substance $1,000,000 equipment breakdown coverages 5. Ammonia Contamination $1,000,000 and all limits of insurance combined 7. Electronic Data and Media $500,000 with all ICRMP Public Entity $1,000,000 members collectively. 8. CFC Refrigerants $100,000 9. Computer Equipment $5,000,000 #7—Attorney Consultation Reimbursement Amendatory Per covered claim and$50,000 in Endorsement $0 $2,500 the aggregate for multiple claims. $50,000 Not applicable Per covered incident. #8—Active Assailant Amendatory Endorsement $100,000 In the aggregate for multiple incidents. ANNUAL AGGREGATE INDEMNIFICATION LIMIT FOR POLICY PERIOD FOR SECTIONS VII,Vill,IX,X,XI,XII,XIII,XIV,AND XV COMBINED IS$1,111,111, F Language Effective October 1,2024 D-5 ICRMP44A2025 TABLE OF CONTENTS DEFINEDTERMS...........................................................................................................................................III SECTION I -GENERAL INSURING AGREEMENT......................................................................................... 1 SECTION II -GENERAL DEFINITIONS..........................................................................................................2 SECTION III -GENERAL CONDITIONS.........................................................................................................8 SECTION IV-GENERAL EXCLUSIONS ......................................................................................................15 SECTION V- PROPERTY INSURANCE ......................................................................................................23 A. PROPERTY INSURANCE PROVIDED............................................................................................23 B. DEFINITIONS APPLICABLE TO PROPERTY INSURANCE PROVIDED......................................27 C. SPECIFIC CONDITIONS APPLICABLE TO PROPERTY INSURANCE PROVIDED.....................29 D. EXCLUSIONS APPLICABLE TO PROPERTY INSURANCE PROVIDED .....................................36 SECTION VI - CRIME INSURANCE..............................................................................................................39 A. INSURING AGREEMENTS APPLICABLE TO CRIME INSURANCE.............................................39 B. DEFINITIONS APPLICABLE TO CRIME INSURING AGREEMENTS ...........................................39 C. SPECIFIC CONDITIONS APPLICABLE TO CRIME INSURING AGREEMENTS..........................40 D. EXCLUSIONS APPLICABLE TO CRIME INSURING AGREEMENTS...........................................40 SECTION VII-AUTOMOBILE LIABILITY INSURANCE..............................................................................43 A. AUTOMOBILE LIABILITY INSURING AGREEMENTS...................................................................43 B. DEFINITIONS APPLICABLE TO AUTOMOBILE LIABILITY INSURANCE AGREEMENTS.........43 C. SPECIFIC CONDITIONS APPLICABLE TO AUTOMOBILE LIABILITY INSURANCE..................44 D. EXCLUSIONS APPLICABLE TO AUTOMOBILE LIABILITY INSURANCE AGREEMENTS........45 SECTION VIII-GENERAL LIABILITY INSURANCE...................................................................................48 A. INSURING AGREEMENT APPLICABLE TO GENERAL LIABILITY INSURANCE.......................48 B. DEFINITIONS APPLICABLE TO GENERAL LIABILITY INSURING AGREEMENT......................49 C. EXCLUSIONS APPLICABLE TO GENERAL LIABILITY INSURING AGREEMENT.....................49 SECTION IX- LAW ENFORCEMENT LIABILITY INSURANCE.................................................................51 A. INSURING AGREEMENT APPLICABLE TO LAW ENFORCEMENT LIABILITY INSURANCE...51 B. DEFINITIONS APPLICABLE TO LAW ENFORCEMENT LIABILITY INSURING AGREEMENT..51 C. EXCLUSIONS APPLICABLE TO LAW ENFORCEMENT LIABILITY INSURING AGREEMENT.51 SECTION X - ERRORS AND OMISSIONS INSURANCE CLAIMS MADE ONLY.......................................53 A. ERRORS AND OMISSIONS INSURING AGREEMENTS...............................................................53 B. DEFINITIONS APPLICABLE TO ERRORS AND OMISSIONS INSURING AGREEMENT............53 C. SPECIFIC CONDITIONS APPLICABLE TO ERRORS AND OMISSIONS INSURING..................53 D. EXCLUSIONS APPLICABLE TO ERRORS AND OMISSIONS INSURING AGREEMENT...........53 SECTION XI - EMPLOYEE BENEFIT PROGRAM LIABILITY INSURANCE..............................................55 A. EMPLOYEE BENEFIT PROGRAM LIABILITY INSURING AGREEMENT.....................................55 B. DEFINITIONS APPLICABLE TO EMPLOYEE BENEFIT INSURING AGREEMENT.....................55 C. SPECIFIC CONDITIONS APPLICABLE TO EMPLOYEE BENEFIT INSURING AGREEMENT...56 D. EXCLUSIONS APPLICABLE TO EMPLOYEE BENEFIT INSURING AGREEMENT....................56 SECTION XII - EMPLOYMENT PRACTICES LIABILITY INSURANCE......................................................57 A. EMPLOYMENT PRACTICES LIABILITY INSURING AGREEMENT:.............................................57 B. DEFINITIONS APPLICABLE TO EMPLOYMENT PRACTICES INSURING AGREEMENT..........57 C. SPECIFIC CONDITIONS APPLICABLE TO EMPLOYMENT PRACTICES ...................................57 D. EXCLUSIONS APPLICABLE TO EMPLOYMENT PRACTICES LIABILITY..................................58 Language Effective October 1,2024 i ICRMP44A2025 SECTION XIII—SEXUAL MOLESTATION OR SEXUAL ABUSE LIABILITY INSURANCE .......................59 A. INSURING AGREEMENT APPLICABLE TO SEXUAL MOLESTATION OR ABUSE...................59 B. DEFINITIONS APPLICABLE TO SEXUAL MOLESTATION OR ABUSE......................................59 C. SPECIFIC CONDITIONS APPLICABLE TO SEXUAL MOLESTATION OR ABUSE.....................60 D. EXCLUSIONS APPLICABLE TO SEXUAL MOLESTATION OR ABUSE......................................60 SECTION XIV-CHEMICAL SPRAYING ACTIVITIES LIABILITY INSURANCE.........................................61 A. INSURING AGREEMENT APPLICABLE TO CHEMICAL SPRAYING LIABILITY INSURANCE..61 B. DEFINITIONS APPLICABLE TO CHEMICAL SPRAYING LIABILITY INSURING AGREEMENT 61 C. SPECIFIC CONDITIONS TO CHEMICAL SPRAYING LIABILITY INSURING AGREEMENT.......61 D. EXCLUSIONS TO CHEMICAL SPRAYING LIABILITY INSURING AGREEMENT........................62 SECTION XV -ENDORSEMENTS.................................................................................................................63 #1 POLLUTANTS AMENDATORY ENDORSEMENT..................................................................................64 #2 SECURITY & PRIVACY LIABILITY ENDORSEMENT ...........................................................................65 #3 PUBLIC LAND FIRE SUPPRESSION ENDORSEMENT .......................................................................85 #4 TERRORISM LIABILITY AMENDATORY ENDORSEMENT .................................................................86 #6 EQUIPMENT BREAKDOWN ENDORSEMENT.......................................................................................87 #7 ATTORNEY CONSULTATION AMENDATORY ENDORSEMENT.........................................................89 #8 ACTIVE ASSAILANT AMENDATORY ENDORSEMENT .......................................................................90 Language Effective October 1,2024 ii ICRMP44A2025 DEFINED TERMS A Computer Earthquake Section II 3 Equipment Section V 28 Incident Accident Section XV 87 Electronic Data Section XV 90 Section II 2 Computer System and Media Insured Acquiring Bank Section V 27 Section V 28 Section II 3 Section XV 72 Section XV 73 Employee Section VII 43 Act of Terrorism Consumer Redress Section VI 39 Section VIII 49 Section XV 71 Funds Section XV 75 Section X 53 Active Assailant Section XV 73 Employee Benefit Section XI 55 Response Cosmetic Damage Program Section XII 57 Resources Section V 27 Section II 2 S Section XIII 59 Section XV 90 Costs Employment Insured Actual Cash Value Section XV 90 Harassment Automobile Section V 27 Coverings and Section II 2 Section VII 44 Administration roof-mounted Employment Insured Equipment Section XI 55 equipment Sexual Section XV 87 Aircraft Section V 28 Harassment Insured Property Section II 2 Credit Monitoring Section II 2 Section II 3 Application Expenses F Internet Section XV 72 Section XV 74 Section XV 76 B Cyber Extortion Fine Arts Intranet Expenses Section V 28 Bodily Injury Section XV 74 Fire Suppression Section XV 76 Section II 2 Cyber Extortion Activites Section XIII 59 Payment Section VIII 49 Jail Operations Section XV 72 Section XV 74 Fire Suppression Section II 3 Breach Response Chemicals Cyber Extortion L Costs Threat Section VIII 49 Section XV 72 Section XV 74 First Aid Lease Interest Breakdown p Section 11 2 Section V 28 Section XV 86 First Made Loss(es) Business Income Damages Section 11 3 Section XV 76 Loss Section II 2 Flood M Section XV 72 Section XV 74 Section V 28 C Defense Costs Flood Insurance Malicious Code Section XV 89 Rate Map Section XV 76 Chemical Spraying Denial of Service Section V 28 Medical Expenses Activities Attack Functional Section VII 44 Section XIV 61 Section XV 75 Replacement Messenger Claim Digital Assets Cost Section VI 39 Section X 53 Section XV 75 Section V 28 Mobile Equipment Section 11 55 Discrimination Fungi Section II 3 Section XII 57 Section 11 2 Section II 3 N Section XIII 59 Dishonest or H Section XIV 61 Fraudulent Acts Named Insured Section XV 73 Section VI 39 Hazardous Section 11 3 Claim Expenses E Substance Net Lease Interest Section XV 73 Section XV 88 Section V 28 Communicable Earnings Loss Hostile Fire Network Disease Section XV 75 Section VIII 49 Disruption Section II 2 Earth Movement I Section XV 76 Section V 28 Normal Impaired Property Language Effective October 1,2024 iii ICRMP44A2025 Section II 3 Section XV 77 Social Engineering Section VII 44 0 Privacy Wrongful Financial Fraud Unmanned Aircraft Act Event System Occupying Section XV 77 Section XV 79 Section II 5 Section VII 44 Private Information Social Engineering Us Occurrence Section XV 77 Financial Fraud Section II 5 Section II 4 Property Damage Loss V Section V 28 Section 11 4 Section V1 39 One Breakdown Section XV 78 Social Engineering Vacant Section XV 88 R Financial Fraud Section V 29 Operational Loss Valuable Papers Disruption Regulatory Claim Section XV 79 and Records Expense Section XV 78 Soft Costs Section V 29 Section V 29 Regulatory Fines Section V 29 Vehicle Our Section XV 78 Special Flood Section 11 5 Section 11 5 Related Sexual Hazard Area W P Molestation or Section V 29 Sexual Abuse Stock We PCI Data Security Wrongful Acts Section XV 88 Section 11 5 Standards Section X111 60 Suit Weapon Section XV 76 Replacement Cost Suit 11 5 Section XV 90 PCI DSS Section V 29 System Failure Wrongful Act Assessment Restoration Costs Section XV 79 Section II 5 Section XV 76 Section XV 78 T Section XIV 61 Period of Retaliation Wrongful Restoration Section 11 4 Technology/Profes Employment Section V 29 S sional Services Practice Act Section XV 76 Section XV 80 Section 11 6 Personal Injury Schedule of Values Terrorism Wrongful Taking Section 11 4 Section V 29 Section II 5 Section VI 39 Section IX 51 Security Breach Section XV 82 Y Policy Period Section XV 78 Theft of Data Section XV 76 Security Wrongful Section XV 80 You Pollutant Act U Section II 6 Section 11 4 Section XV 78 Your Pollution Cost or Service Provider Unauthorized Section 11 6 Expense Section XV 79 Access Your Product Section XV 64 Sexual Molestation Section XV 80 Section 11 6 Premises or Sexual Abuse Unauthorized Use Your Work Section II 4 Wrongful Act Section XV 80 Section II 7 Section VI 39 Section 11 4 Underinsured Privacy Breach Social Engineering Automobile Section XV 76 Financial Fraud Section V11 44 Privacy Section VI 39 Uninsured Regulations Automobile Language Effective October 1,2024 iv ICRMP44A2025 SECTION I - GENERAL INSURING AGREEMENT A. Unless otherwise stated in a specific subsequent section or endorsement, the following General Insuring Agreements apply to all sections of this policy. Certain provisions in this policy restrict coverage or limit damage amounts. The entire policy should be read carefully to determine your rights and duties, and to determine what is and is not covered. 1. Idaho Counties Risk Management Program, Underwriters (ICRMP) agrees with the named insured as listed in the declarations pages of this policy made a part hereof, in consideration of the payment of the member contribution and subject to the limits of insurance, limits of indemnification, insuring agreements, conditions, exclusions and other terms of this policy, as follows: a. We will provide the insurance described in this policy and declarations pages if you have paid the member contribution and have complied with all policy provisions and conditions. b. The insurance set forth in this policy is subject to the limits of insurance and limits of indemnification as indicated on the declarations pages or as set forth within the policy or any other endorsements issued during this term. c. The liability insuring agreements afforded by this policy responding to covered claims for damages brought pursuant to Title 6, Chapter 9, Idaho Code (the Idaho Tort Claims Act) are expressly limited to five hundred thousand dollars ($500,000) per occurrence. It is the express intent of ICRMP to limit exposure and coverage to the limit of$500,000 per covered claim, accident, occurrence, or loss as established by statute. Any reference to liability indemnification amounts in excess of five hundred thousand dollars ($500,000) contained in this policy shall not apply to claims brought pursuant to the Idaho Tort Claims Act. d. By acceptance of this policy you agree that the declarations pages accurately indicate the coverages you have purchased. e. All limits of indemnification and limits of insurance, including annual aggregate, are as stated in the declarations pages or within the accompanying policy. f. The insurance provided by this policy applies to any covered claim or lawsuit filed and maintained only within the fifty(50)states, including the District of Columbia, of the United States of America. g. In regard to defense of claims or lawsuits, we may investigate or settle any covered claim or suit against you. We will provide a defense with counsel of our choice, at our expense, if you are sued for a covered claim, unless specifically stated in the applicable coverage section that no coverage exists without a demand for damages. Our obligation to defend any claim or suit ends when either: (1) The amount of loss or damages we pay equals the limit(s) of indemnification afforded as listed in the declaration pages under this policy; or (2) The defense costs incurred by us equal the defense costs limit for covered claims afforded under this policy either for an individual claim, or in the aggregate as listed in the declaration pages under this policy. 2. Entire Agreement. This policy, when read in concert with the Joint Powers Subscriber Agreement, embodies the entirety of the agreement existing between you and us relating to this Insurance. You acknowledge that you are responsible for maintaining information about your insurance needs and you have no power to bind ICRMP to provide insurance beyond that expressed in this policy, its endorsements, and its attendant declaration pages. 3. Titles. The titles in this policy are only for reference. The titles do not in any way affect the provisions of this policy. Language Effective October 1,2024 1 ICRMP44A2025 SECTION II - GENERAL DEFINITIONS A. Unless otherwise stated or amended in a specific subsequent section or endorsement, the following definitions are applicable to all sections and endorsements of this policy. 1. "Accident" means a sudden, unexpected, and unintended event. 2. "Aircraft" means any contrivance used or designed to carry people in flight. 3. "Bodily Injury" means physical injury, sickness, disease, shock, fright, mental injury or anguish, emotional distress, or disability sustained by a natural person, including death resulting from any of these. 4. "Communicable Disease"means any disease which can be transmitted by means of any substance or agent from any organism to another organism where: a. The substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and b. The method of transmission,whether direct or indirect, includes but is not limited to,airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and c. The disease, substance or agent can cause or threaten damage to human health or human welfare or can cause or threaten damage to, deterioration of, loss of value of, marketability of or loss of use of property. 5. "Damages" means monetary compensation to be awarded through judgment in a court proceeding or through settlement agreed to by us to compensate a claimant for harm suffered. 6. "Discrimination" means any actual or alleged: a. Violation of any employment discrimination law; or b. Disparate treatment of, or the failure or refusal to hire a person because he or she is or claims to be a member of a class which is or is alleged to be legally protected. 7. "Employee Benefit Program" means a program providing group life insurance, group accident or health insurance, or group dental, vision and hearing plans, retirement, profit sharing, unemployment insurance, or any other benefit provided that no one other than an employee of the named insured may subscribe to such insurance or plans and such benefits are made generally available to those employees who satisfy the plan's eligibility requirements. 8. "Employment Sexual Harassment" means any actual, attempted or alleged unwelcome sexual advances, requests for sexual favors or any other verbal or physical conduct of a sexual nature of a person by another person, or persons acting in concert, which causes harm when: a. Submission to or rejection of such unwelcome conduct is made either explicitly or implicitly a condition of a person's employment, or basis for employment decisions affect a person; or b. Such conduct has the purpose or effect of unreasonably interfering with a person's work performance or creates an intimidating, hostile or offensive work environment. 9. "Employment Harassment" means any actual or alleged harassment, other than employment sexual harassment, which creates a work environment that interferes with job performance, or creates an intimidating, hostile or offensive work environment. 10. "First Aid" means the rendering of emergency medical treatment at the time of an accident and only when other licensed medical professional care is not immediately available. Language Effective October 1,2024 2 ICRMP44A2025 11. "First Made" means when you first give written notice to us that a claim has been made against you, but not later than the end of this policy period or any extended reporting period we provide. Reports of incidents or circumstances made by you to us as part of risk management or loss control services shall not be considered notice of a claim. 12. "Fungi" means any organism of the plant kingdom Fungi, which lacks chlorophyll and vascular tissue, including but not limited to, yeast, mold, mildew, rust, smut, mushrooms, spores, mycotoxins, or any other substances, odors, or byproducts arising out of the current or past presence of fungi. 13. "Impaired Property" means tangible property, other than your product or your work, that cannot be used or is less useful because it incorporates your product or your work that is known or thought to be defective, deficient, inadequate, or dangerous, or if such property can be restored to use by the repair, replacement, adjustment or removal of your product or your work. 14. "Insured" means: a. The named insured and b. Any current or former elected or appointed official serving as a volunteer or employee of the named insured, as well as any volunteer or employee of the named insured while acting within the course and scope of their duties as such. This does not include any appointed or elected official or employee who is serving the named insured as an independent contractor. 15. "Insured Property" means the following property as listed on your schedule of values, unless excluded elsewhere in this policy, to the extent of the interest in such property: a. Real property, including but not limited to buildings, remodeling, installations, and construction in which you have an insurable interest. b. Personal Property: (1) Owned by you, including your interest as a tenant in improvements and betterments; or (2) Of your officers and employees on your property; or (3) Of others in your custody to the extent you are under obligation to keep insured for physical loss or damage; c. Mobile equipment, vehicles, unmanned aircraft system and watercraft you own, rent, or lease. 16. "Jail Operations Services" means activities relating to the detention of prisoners, arrestees or detainees at a detention facility,jail, work program, or other facility however described used to hold prisoners, arrestees, or detainees in the charge of an insured, while acting in the course and scope of employment on your behalf. 17. "Law Enforcement Services" means any law enforcement assistance or service performed by your law enforcement officer, including any necessary action or items to perform their duties, in the course and scope of employment on your behalf. 18. "Mobile Equipment" means equipment such as earthmovers, tractors, diggers, farm machinery, forklifts, heavy construction equipment, mobile medical equipment, etc., that even when self-propelled, are not considered vehicles. 19. "Named Insured" means the public entity identified in the declarations pages of this policy. 20. "Normal" means the condition that would have existed had no physical loss or damage occurred. Language Effective October 1,2024 3 ICRMP44A2025 21. "Occurrence" means an accident or a continuous or repeated exposure to the same general conditions which result in personal injury and/or property damage during the policy period. All personal injury to one or more persons and/or property damage caused by an accident or a continuous or repeated exposure to the same general conditions or a series of continuous, repeated or related accidents shall be deemed one occurrence regardless of the number of insureds involved, period of time or area over which such personal injury or property damage occurs or number of persons suffering personal injury or property damage and shall be deemed to occur when the first part of such personal injury or property damage commences. 22. "Personal Injury" means bodily injury, wrongful eviction, malicious prosecution, invasion of rights of privacy, libel, slander or defamation of character, piracy, and any infringement of copyright of property, erroneous service of civil papers, assault, battery, and disparagement of property. 23. "Policy Period" means the period from the effective date of this policy to the expiration date stated in the declarations pages, or earlier termination date, if any, of this policy. 24. "Pollutant(s)" means: a.Those materials that can cause or threaten damage to human health or human welfare or cause or threaten damage, deterioration, loss of value, marketability or loss of use to property; b. Any solid, liquid, gaseous, or thermal irritant or contaminant, including, but not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemicals, metals waste, and unhealthful or hazardous building materials (including but not limited to asbestos and lead products or materials containing lead), including debris and trash and materials to be recycled, reconditioned or reclaimed; c. Fungi, mold, mildew, or silica, PFAS (Perfluoroalkyl and Polyfluoroalkyl Substances); d. Hazardous substances as listed in the Federal Water Pollution Control Act, Clean Air Act, Resource Conservation and Recovery Act of 1976, Toxic Substances Control Act or as designated by the U.S. Environmental Protection Agency or any other governing authority. 25. "Premises" means any real property or land possessed and controlled by you in your capacity as a possessor. 26. "Property Damage" means physical damage to or destruction of tangible property, including loss of use resulting from such physical damage or destruction. 27. "Retaliation" means any actual or alleged wrongful termination or other adverse employment action by any insured against a person or persons on account of: a. Assistance, testimony or cooperation with a proceeding or investigation regarding alleged violations of law; b. Exercise or attempted exercise of rights protected by law; c. Disclosure or threat to disclose to a superior or to any governmental agency alleged violations of the law; or d. Refusal to violate any law. 28. "Sexual Molestation or Sexual Abuse Wrongful Act' means any act or omission relating to: a. The alleged, actual, threatened, unwelcome or offensive: (1) Physical conduct of a sexual nature, including sexual abuse or molestation; or (2) Verbal or written conduct of a sexual nature or conduct of a sexual nature using visual images, including conduct by electronic means; Language Effective October 1,2024 4 ICRMP44A2025 b. Including: (1) The negligent: (i.) Employment; (ii.) Investigation; (iii.) Supervision; (iv.) Reporting to proper authorities, or failure to so report; or (v.) Retention; of a person for whom any insured is or ever was legally responsible and whose conduct is described in paragraph a. c. Breach of any legal obligation arising out of any conduct described in paragraph a. or b., or suspected or threatened conduct described in paragraph a. or b., or breach of any duty to any person who was subjected to any conduct described in paragraph a. or b. 29. "Suit" means a civil proceeding in which damages because of bodily injury,property damage or personal injury to which this insurance policy applies are alleged. 30. "Terrorism" means an act or series of acts, including the use of force or violence, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s), committed for political, religious or ideological purposes including the intention to intimidate or coerce a civilian population, disrupt any segment of the economy, or overthrow, influence or affect the conduct or policy of any government and/or to put the public or any section of the public in fear for such purposes. Terrorism shal I also include any act which is verified or recognized by the United States Government as an act of Terrorism. 31. "Unmanned Aircraft System" means an unmanned aircraft and the equipment necessary for the safe and efficient operation of that unmanned aircraft. An unmanned aircraft is a component of an unmanned aircraft system. An unmanned aircraft is an aircraft that is operated without the possibility of direct human intervention from within the or on the aircraft. 32. "Vehicle" means any automobile,truck,van, bus, motorcycle, or other conveyance licensed for use on public roads. 33. "We", "Us" and "Our" means Idaho Counties Risk Management Program, Underwriters (ICRMP). 34. "Wrongful Act' means the actual or alleged negligent performance of a legal duty or responsibility or failure to perform a legal duty or responsibility, or any error, misstatement, act or omission respectively by you, performed in a tortious manner pursuant to the Idaho Tort Claims Act or unlawful violations of civil rights pursuant to Federal law arising out of public office or position. Wrongful act is not a wrongful employment practice act. All wrongful acts that have as a common nexus with, or involve, a series of causally or logically related acts or omissions will be deemed to be a single wrongful act, which will be deemed to have occurred at the time the first such related wrongful act commenced, whether committed by the same person or two or more persons and without regard to the number of: (1) related wrongful acts taking place thereafter; (2) persons affected by related wrongful acts; (3) locations where the related wrongful acts took place; (4) ICRMP policy periods over which the related wrongful acts took place; or Language Effective October 1,2024 5 ICRMP44A2025 (5) Breaches of any legal obligation arising out of any related wrongful act, or suspected or threatened related wrongful act, or breaches of duty to any person affected by a related wrongful act. 35. "Wrongful Employment Practice Act" means any actual or alleged employment-related act or omission in the form of one or more of the following: a. Discrimination; b. Employment-related libel, slander, defamation; c. Employment sexual harassment or employment harassment; d. Negligent hiring, supervision, training, or retention. e. Retaliation; f. Violation of the Family Medical Leave Act; g. Wrongful discipline, deprivation of career opportunity, or evaluation; h. Wrongful termination. All wrongful employment practice acts that have as a common nexus with, or involve, a series of causally or logically related acts or omissions will be deemed to be a single wrongful employment practice act, which will be deemed to have occurred at the time the first such related wrongful employment practice act commenced, whether committed by the same person or two or more persons and without regard to the number of: (a) related wrongful employment practice acts taking place thereafter; (b) persons affected by related wrongful employment practice acts; (c)locations where the related wrongful employment practice acts took place; (d) ICRMP policy periods over which the related wrongful employment practice acts took place; or (e)Breaches of any legal obligation arising out of any related wrongful employment practice act,or suspected or threatened related wrongful employment practice act, or breaches of duty to any person affected by a related employment wrongful practice act. 36. "You" and "Your" means the named insured identified in the declarations pages of this policy. 37. "Your Product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed, or disposed of by: (i.) You; (ii.) Others trading under your name; or (iii.) A person or organization whose business or assets you have acquired; and (2) Containers, (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Language Effective October 1,2024 6 ICRMP44A2025 b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, or use of your product; and (2) The providing of or failure to provide warnings or instructions. 38. "Your Work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts, or equipment furnished in connection with such work or operations. c. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, or use of your work; and (2) The providing of or failure to provide warnings or instructions. Language Effective October 1,2024 7 ICRMP44A2025 SECTION III - GENERAL CONDITIONS A. Unless otherwise stated in a specific subsequent section or endorsement, the following conditions are applicable to all sections and endorsements of this policy. 1. Apportionment. In the event a suit alleges a claim which is covered by the terms of this policy and a claim which is not covered by the terms of this policy, our obligation for the costs of defense and payment of any award or settlement for damages shall be limited to only those sums related to a covered claim. 2. Assignment. Your interests in this insurance may not be assigned. 3. Bankruptcy and Insolvency. In the event of your bankruptcy or insolvency or any entity you comprise, we shall not be relieved of the payment of any claim by you or against you or the liquidator, receiver, or statutory successor of you under this policy without diminution because of your insolvency provided that you have timely paid your member contributions. 4. Cancellation and Nonrenewal. a. Cancellation. (1) You may cancel this policy by mailing or delivering to us advance written notice of cancellation. Cancellation will be effective on the later of the date requested by you or the date we receive the request. We shall refund all unearned premiums on a pro rata basis to you within thirty(30)days of your cancellation; however, we shall be entitled to retain not less than 35% of the premium paid, regardless of when such cancellation is effective. (2) We may cancel this policy as follows: (a) If this policy has been in effect for sixty (60) days or less, and is not a renewal of a policy we issued, we may cancel this policy by mailing or delivering to you written notice of cancellation at least: (i) Ten (10) days before the effective date of cancellation if we cancel for nonpayment of member contribution; or (ii) Thirty(30)days before the effective date of cancellation if we cancel for any other reason. (b)If this policy has been in effect for more than sixty (60) days, or is a renewal of a policy we issued, we may cancel this policy by mailing or delivering to you written notice of cancellation to you at least: (i) Ten (10) days before the effective date of cancellation if we cancel for nonpayment of member contribution; or (ii) Thirty (30) days before the effective date of cancellation if we cancel for one or more of the following reasons: 1. Nonpayment of member contribution; 2. Fraud or material misrepresentation made by you or with your knowledge in obtaining a policy, continuing the policy or in presenting a claim under the policy; 3. Acts or omissions on your part which increase any hazard insured against; 4. Change in the risk which materially increases the risk of loss after the policy has been issued or renewed including, but not limited to, an increase in exposure due to regulation, legislation or court decision; Language Effective October 1,2024 8 ICRMP44A2025 5. Loss of or decrease in reinsurance which provided us with coverage for all or part of the risk insured; 6. A determination by the Director of Insurance that continuation of this policy would jeopardize our solvency or place us in violation of the insurance laws of Idaho or any other state; or 7. Violation or breach by you of any policy terms or conditions other than nonpayment of member contribution. b. Nonrenewal. (1) If we elect to not renew this policy, we will mail or deliver to you a written notice of intention not to renew at least forty-five (45)days prior to the expiration date of the policy. (2) If notice is not mailed or delivered at least forty-five (45) days before the expiration date of this policy, this policy will remain in effect until forty-five (45)days after notice is mailed or delivered. (3) We will not mail or deliver this notice if: (a) We have offered to renew this policy; or (b) You have obtained replacement coverage; or (c) You have agreed in writing to obtain replacement coverage. 5. Currency.The member contribution and losses under this insurance are payable in currency of the United States. 6. Deductibles. In each case of loss covered by this policy, we will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the applicable deductible specified in the declarations page within this section,. We will then pay the amount of loss or damage in excess of the applicable deductible, up to the limit of insurance. a. Unless otherwise stated, if more than one deductible amount applies to loss or damage in any one covered occurrence, the highest deductible amount applies; or b. If the applicable deductible is stated as a percentage of the loss, reimbursable indemnity payments made to you or on your behalf by us shall be reduced by the deductible percentage stated in the declaration page or applicable section. 7. Dispute Resolution Procedure. You and we agree that it is in our mutual interest to have a dispute resolution procedure in order to address potential disputes and disagreements as to whether or not a claim is covered by the terms and conditions of this policy. You and we agree that the dispute resolution procedure as set out in the Joint Powers Subscriber Agreement currently in force as of the effective date of this policy shall apply to address any potential disputes and disagreements as to coverage. a. Inapplicable to Certain Disputes and Disagreements: (1) These dispute resolution procedures do not apply to the appraisal condition set forth in the specific conditions applicable to the property insurance provided in section V of this policy, or to the arbitration condition set forth in the specific conditions applicable to the Automobile Liability Insuring Agreements set out in section VII of this policy. (2) These dispute resolution procedures do not apply in any way to our decisions regarding terms of claim settlement, claim payment amount, or the claim investigation process. 8. Duties After Occurrence, Accident, Wrongful Act, Wrongful Employment Practice Act, Sexual Molestation or Sexual Abuse Wrongful Act or Suit. Language Effective October 1,2024 9 ICRMP44A2025 a. You must see to it that we are notified as soon as practicable of an occurrence, accident, wrongful act, wrongful employment practice act, sexual molestation or sexual abuse wrongful act, or suit which may reasonably result in a claim. To the extent possible, notice should include: (1) How, when and where the occurrence, accident, wrongful act, wrongful employment practice act, or sexual molestation or sexual abuse wrongful act took place; (2) The names, addresses and telephone numbers of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the occurrence, accident, wrongful act, wrongful employment practice act, or sexual molestation or sexual abuse wrongful act. b. If a claim is made or suit is brought against any insured, you, and any involved insured must: (1) Immediately record the specifics of the claim or suit and the date received. (2) See that we receive written notice of the claim or suit as soon as practicable. (3) Immediately send us copies of any claims, demands, notices, summonses or legal papers received in connection with the claim or suit; (4) Authorize us to obtain records and other information, and provide a sworn statement, if requested; (5) Cooperate with us in the investigation, or defense of the claim or suit, including but not limited to, attendance at hearings and trials, securing and giving evidence, and obtaining the attendance of witnesses; and (6) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to you because of injury or damage to which this policy may also apply. c. You shall not, except at your own risk, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. d. Yourfailure to comply with the foregoing duties shall constitute a material breach deemed prejudicial to us, thereby entitling us to refuse any coverage for the occurrence, accident, wrongful act, wrongful employment practice act, sexual molestation or sexual abuse wrongful act, or suit, or any duties arising therefrom. e. Reports of incidents or circumstances made by you to us as part of risk management or loss control services shall not be considered notice of a claim. f.First-party property damage or loss notices shall be reported by you to us within one (1)year from the date of loss or damage that was known or should have been known for coverage to be afforded. 9. Extended Reporting Periods. All coverage sections designated as claims-made are conditioned as follows if this policy is cancelled or not renewed for any reason: a. We will provide an Extended Reporting Period of thirty(30)days duration following immediately upon the effective date of nonrenewal or cancellation,to apply to a claim brought forth under the applicable coverage section which is first made in writing to us by you during the Extended Reporting Period but only by reason of a wrongful act, wrongful employment practice act, or sexual molestation or sexual abuse wrongful act which first commences on or after the retroactive date set forth in the declarations pages and prior to the effective date of this policy's cancellation or termination,and which is otherwise afforded by all coverages within this policy. b. If, however, this policy is immediately succeeded by a similar claims-made insurance policy with any insurer, in which the retroactive date earlier than, the alleged wrongful act, wrongful employment practice act, or sexual molestation or sexual abuse wrongful act, the succeeding policy shall be Language Effective October 1,2024 10 ICRMP44A2025 deemed to be a replacement of this policy, and the extended reporting period will not apply. Once in effect, an extended reporting period cannot be canceled. c. The extended reporting period does not reinstate or increase the limit(s) of indemnification applicable to any coverages of this policy. 10. Inspections, Audit and Verification of Values. We shall be permitted, but not obligated, to review or inspect your property, operations, records, and books, at any reasonable time. Neither our right to make inspections or conduct reviews, nor the making thereof, nor any report thereon, shall constitute an undertaking on behalf of or for the benefit of you or others, to determine or warrant that such property or operations are safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect. It is your responsibility to disclose accurate statements of value. 11. Loss Payments. When it has been determined that we are liable under this policy, we shall pay losses in excess of the stated deductible up to the limits of indemnification or insurance or limits of insurance stated in the declarations pages. Our obligation to make loss payments shall arise as amounts owed are determined. 12. Misrepresentation and Fraud. This policy shall be void in entirety if, whether before or after a loss, you have: a. Willfully concealed or misrepresented any material fact or circumstance concerning this insurance, the subject thereof, any insurance claim, or the interest of any insured. b. Made any attempt to defraud us; or c. Made any false swearing. 13. Mitigation. In the event of a loss covered under this policy, you must take all reasonable steps to prevent further loss or damage. 14. Multiple Insureds, Claims, Suits, or Claimants. The limits of indemnification or limits of insurance as stated in the declarations pages is the most we will pay on your behalf under this policy regardless of the number of: a. Insureds; or b. Insured vehicles as defined in Section VII -Automobile Liability Insurance; or c. Claims made or suits brought; or d. Persons or organizations making claims or bringing suits. 15. No Benefit to Bailee. We will not recognize any assignment or grant any coverage for the benefit of any person, entity or organization holding, storing, or transporting your property, regardless of any other provision of this policy. 16. Non-Stacking of Insurance Coverage. No individual or entity entitled to coverage under any coverage section of this policy shall recover duplicate payment for the same elements of loss under other coverage sections of this policy, or other policies written by us. 17. Non-Stacking of Limits. a. Claims Made Coverage—Single Claim. (1) All claims arising out of the same Errors and Omissions Liability wrongful act or a series of related Errors and Omissions Liability wrongful acts (Section X); or (2) All claims arising out of the same Employee Benefit Liability wrongful act or a series of related Employee Benefit Liability wrongful acts (Section XI); or Language Effective October 1,2024 11 ICRMP44A2025 (3) All claims arising out of the same Employment Practices Liability wrongful employment practice act or a series of related Employment Practices Liability wrongful employment practice acts (Section XII); or (4) All claims arising out of the same sexual molestation orsexual abuse wrongful act or a series of related sexual molestation or sexual abuse wrongful acts (Section XI II); or (5) All claims arising out of the same Chemical Spraying Activities Liability wrongful act or a series of related Chemical Spraying Activities Liability wrongful acts(Section XIV), shall be treated as a single claim considered first made in writing to us by you during the policy period or any extended reporting period when the first of such claims is made. Only the affected coverage section's limits of indemnification as stated in the declarations page for that policy period apply to such single claim. Wrongful acts, wrongful employment practice acts, or sexual molestation or sexual abuse wrongful acts shall be deemed related if they have a common nexus with, or involve, a series of causally or logically related wrongful acts, wrongful employment practice acts or sexual molestation or sexual abuse wrongful acts. b. Multiple Insuring Agreements—Single Claim. If a single claim is covered under two or more Insuring Agreements within a coverage section of this policy, our claim payment shall be limited to the higher limit(s)of indemnification as shown in the declarations page, and its corresponding deductible, if any, for that coverage section. If the affected Insuring Agreements have equal limits of indemnification, only one set of limits of indemnification, and its corresponding deductible, if any, shall apply and it shall be the Insuring Agreement of the coverage section we deem to provide primary coverage for the claim. c. Multiple Coverage Sections—Single Claim. If a single claim is covered under two or more coverage sections of this policy, our claim payment shall be limited to that coverage section with the higher limits of indemnification as shown in the declarations page, and its corresponding deductible, if any, of this policy. If the affected coverage sections have equal limits of indemnification, only one set of limits of indemnification, and its corresponding deductible, if any, shall apply and it shall be the coverage section of this policy we deem to provide primary coverage for the claim. d. Multiple Coverage Sections— Related Claims; Claims Made Coverage. If: (1) Two or more claims are covered under two or more coverage sections of this policy, or under any preceding or succeeding policy we issue, that provide claims made coverage; and (2)These claims are made against the same insured or the same perpetrator, or against two or more insureds acting in concert or against two or more perpetrators acting in concert; and (3) Without regard to number of ICRMP policy periods over which the acts, errors, omissions, occurrences, events, accidents, wrongful acts, wrongful employment practices acts, or sexual molestation or sexual abuse wrongful acts take place, such related claims shall be treated as a single claim considered first made in writing to us by you during the policy period or during any extended reporting period when the first of such covered claim is made. Any claim payment(s)we make with respect to such single claim shall be limited to the coverage section and corresponding limits of indemnification as shown in the declarations page, and its corresponding deductible, if any, of the policy when the claim was considered first made. e. Multiple Coverage Sections— Related Claims; Occurrence Coverage. If: (1) Two or more claims are covered under two or more coverage sections of this policy, or under any preceding or succeeding policy we issue, providing occurrence-based coverage; and (2) These claims are made against the same insured or the same perpetrator, or against two or more insureds acting in concert or against two or more perpetrators acting in concert; and Language Effective October 1,2024 12 ICRMP44A2025 (3) Without regard to number of ICRMP policy periods over which the occurrences take place, such related claims shall be treated as a single claim. The date of the first covered occurrence will determine the policy and its respective coverage section applicable to such single claim. Any claim payment(s) we make with respect to such single claim shall be limited to that policy's coverage section and its corresponding limits of indemnification as shown in the declarations page, and its corresponding deductible, if any. f. Multiple Coverage Sections— Related Claims; Claims Made/Occurrence Coverage. If: (1) Two or more claims are covered under two or more coverage sections of this policy, or under any preceding or succeeding policy we issue, that individually provide claims made coverage or occurrence-based coverages; and (2) These claims are made against the same insured or the same perpetrator, or against two or more insureds acting in concert or against two or more perpetrators acting in concert; and (3) Without regard to number of ICRMP policy periods over which the acts, errors, omissions, occurrences, events, accidents, wrongful acts, wrongful employment practices acts, or sexual molestation or sexual abuse wrongful acts take place, such related claims shall be treated as a single claim. The policy and its corresponding coverage section that shall apply to such single claim shall be determined by the earlier of: (4) The date the first covered act, error, omission, occurrence, event, accident, wrongful act, wrongful employment practice act,sexual molestation orsexual abuse wrongful act or other covered loss takes place with respect to claims made coverage, conditioned upon that date being on or after the retroactive date, if any, and before the end of the applicable policy period; or (5) The date the first covered occurrence takes place with respect to occurrence-based coverage. Any claim payment(s)we make with respect to such single claim shall be limited to the coverage section and corresponding limits of indemnification as shown in the declarations page, and its corresponding deductible, if any, of the policy determined by subparagraphs (4.) and (5.) above. 18. Notice of Member Contribution or Coverage Changes. a. We will mail or have delivered to you through your independent agent, at the last known mailing address, written notice of the following for a subsequent year at least thirty (30) days prior to the expiration date of this policy: (1)A total member contribution increase greater than ten percent (10%)which is the result of a comparable increase in member contribution rates. (2)Changes in deductibles. (3)Reductions in limits of indemnification or limits of insurance. (4)Reductions in coverage. b. If we fail to provide at least thirty (30)day notice, the policy previously provided to you shall remain in effect until thirty (30) days after such notice is given or until the effective date of a replacement policy or self-insurance obtained by you, whichever occurs first. c. For purposes of this provision, notice is considered given on the date of mailing of the notice to you. Proof of mailing of conditions of renewal to the last known mailing address of you shall be sufficient proof of notice. Language Effective October 1,2024 13 ICRMP44A2025 19. Other Insurance. a. If you have other insurance (whether primary, excess, or contingent), against loss covered by this Insurance, we shall be liable, under the terms of this Insurance only as excess of other insurance, collectable or not. Notwithstanding the foregoing, you may purchase insurance specifically in excess of this insurance. Such excess insurance shall not be considered "other insurance" for purposes of this condition. b. We will not be liable for any loss to the extent that you have collected such loss from others. Any other insurance that would have provided primary coverage in the absence of the policy will not be considered excess. c. You are permitted to have other insurance for all, or any part, of any deductible in this policy. The existence of such other insurance will not prejudice recovery under this policy. If the limits of liability of such other insurance are greater than this policy's applicable deductible, this policy's insurance will apply only after such other insurance has been exhausted. d. In the event this policy is deemed to contribute with other insurance, the limit of indemnification or limit of insurance applicable at each insured property, for purposes of such contribution with other insurers, will be the latest amount described in this policy or the latest insured property value listed on your schedule of values. 20. Policy Modification. This policy contains all of the agreements between you and us concerning this insurance. You or we may request changes to this policy. This policy can only be changed by endorsements issued by us and made a part of this policy. Notice to any agent or knowledge possessed by any agent or by any other person will not: a. Create a waiver, or change any part of this policy; or b. Prevent us from asserting any rights under the provisions of this policy. 21. Reporting Property on Your Schedule of Values. Coverage is conditioned upon information being entered into the online ICRMP e-Agent website. 22. Salvage. The salvage value of your damaged property may be credited against the amount we pay to replace your damaged property if you retain said property. 23. Subrogation/Recovery/Right of Reimbursement. If we make payment under this policy to you or on your behalf, and you or the person or entity for whom payment was made has a right to recover damages, we will be subrogated to that right. You must do whatever is necessary to enable us to exercise our rights and must do nothing to prejudice our rights. We may prosecute an action or pursue other lawful proceedings in your name for the recovery of these payments, and you must cooperate and assist us at our request. Any recovery from subrogation proceedings, less costs incurred by us in such proceedings, will be payable to you in the proportion that the amount of (1) any applicable deductible and/or (2) any provable uninsured loss, bears to the entire provable loss amount. 24. Suit Against Us. No suit, action or proceeding for the recovery of any claim will be sustained in any court of law or equity unless the following procedures are satisfied: a. As a condition precedent to filing suit,you have fully complied with all the provisions of this policy and the ICRMP Joint Powers Subscriber Agreement; b. Any suit against us arising from a claim or loss must be filed within the State of Idaho allowable statute of limitations from the date we take our final action with respect to the claim or loss; c. No one shall have any right to join us as a party or otherwise bring us into any action or suit against an insured. 25. Terms of Policy to Conform to Statutes. In the event any terms of this policy are determined to be in conflict with the statutes of the State of Idaho, they are hereby amended to conform to such statutes. Language Effective October 1,2024 14 ICRMP44A2025 SECTION IV - GENERAL EXCLUSIONS A. Unless otherwise stated in a specific subsequent section or endorsement, the following exclusions are applicable to all sections of this policy.This policy does not cover in whole or in part,arising directly or indirectly out of, or resulting from any personal injury, bodily injury, damages, claim, property damage, damage to insured property, wrongful act, wrongful employment practice act, suit, cost, expense, or any other type of loss, however characterized for: 1. Aircraft. Resulting from or arising out of the ownership, maintenance, use, including loading or unloading, or entrustment to others of any aircraft, airfields, runways, or fueling stations related to aviation activities. 2. Asbestos, Dioxin, Polychlorinated Biphenyls or PFAS (Perfluoroalkyl and Polyfluoroalkyl Substances). Loss, damage, liability, cost or expense caused by, resulting from, contributed to, aggravated by or in any manner related,whether voluntary, imposed by law, or required by administrative rulings of a governmental agency, to: a. The manufacture of, use of, sale of, transportation of, storage or disposal of, installation of, removal of, abatement of, distribution of, containment of, or exposure to asbestos, asbestos products, asbestos-containing material, asbestos fibers, asbestos dust, dioxin, polychlorinated biphenyls, or PFAS; or b. The actual or threatened abatement, mitigation, removal or disposal of asbestos, asbestos products, asbestos-containing material, asbestos fibers, asbestos dust, dioxin, polychlorinated biphenyls, or PFAS; or c. Any supervision, instructions, recommendations,warnings,or advice given,orwhich should have been given in connection with parts a. and b. above; or d. Any obligation of the named insured to indemnify or contribute with any party in connection with parts a., b., or c. above. 3. Bids or Estimates. Arising out of estimates of probable costs, or cost estimates being exceeded, or for faulty preparation of bid specifications or plans, or failure to comply with bid statutes. 4. Civil and Criminal Penalties. Resulting from any civil penalties, criminal penalties, fines, or obligations to pay for public services rendered where such obligation is imposed or provided for pursuant to any federal, state, or local law, statute, ordinance, or regulation, however characterized, except as expressly provided elsewhere, herein. 5. Claims by Members against Past or Present Public Officials. The interest of any past or present employee,elected official, or agent arising out of any claim for money damages, monetary reimbursement or specific performance brought against such employee, elected official or agent by the named insured by whom the public official, employee, elected official or agent was employed or retained. Also excluded are those claims brought by an elected official, or by one appointed to fill an elected position for a named insured against another official of the same named insured, or the named insured itself, arising out of a dispute or interpretation involving the relative governmental authority of the elected officials of the named insured. 6. Communicable Disease. Arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against an insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the communicable disease; or Language Effective October 1,2024 15 ICRMP44A2025 d. Failure to report the communicable disease to authorities. 7. Communications. Arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; c. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act(FACTA); or d. Any federal, state, or local statute, ordinance, or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. 8. Contractual Liability. The alleged harm for which compensation is sought derives from: a. The performance or nonperformance of terms of a contract, whether written, oral, or implied, or concerns the measure of payment related to contract performance, derives from fines, penalties or administrative sanctions imposed by a governmental agency, or is generated by intergovernmental determination, calculation, handling, or allocation of funds according to the law. The claims for which this policy provides defense and indemnification must arise out of conduct of a tortious nature or be premised upon allegations of unlawful violation of civil rights pursuant to state or federal law. b. The interests of the State of Idaho or the United States Government, or their officers, agents, employees, volunteers, officials, or trustees, for their conduct and activities arising out of or in any way related to any written,oral,or implied contract or agreement with you,or otherwise. Each governmental entity shall be responsible for its own conduct and activities under any contract. 9. Course and Scope. Resulting from an act or omission outside the course and scope of employment. 10. Criminal and Malicious Acts. Resulting from an act performed with malice or criminal intent. This exclusion applies regardless of whether an insured is charged with, or convicted of, a crime. 11. Cyber Liability. a. Any claim, notification costs, credit monitoring expenses,forensic expenses, loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data and media; public relations expenses or any other loss; costs or expenses arising directly or indirectly out of, resulting from, caused by or contributed to by losses related to computer-connected access to and/or computer disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of non-public information, except for that data that is required to be disclosed under the Idaho Public Records Act; or b. Any functioning or malfunctioning of the internet or similar facility, or of any intranet or private network or similar facility, including but not limited to computer virus. For this exclusion, computer virus shall mean a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. Computer Virus includes but is not limited to 'Trojan Horses', 'worms' and 'time or logic bombs'; or c. Any corruption, destruction, distortion, erasure or other loss or damage to data, software, or any kind of programming or instruction set; or Language Effective October 1,2024 16 ICRMP44A2025 d. Loss of use or functionality whether partial or entire of data, coding, program, software, any computer or computer system or other device dependent upon any microchip or embedded logic, and any ensuing liability or failure of the insured to conduct business; or e. The failure of any of the following, whether owned by you or others due to the inability of these items to correctly recognize, process, or accept one or more dates or times as their true calendar date or time: (1) Data processing equipment, software, data, or media; (2) Hardware or software-based computer operating systems; (3) Microprocessors; (4) Integrated circuits; or, (5) Any other electronic equipment, computerized equipment, or similar devices; 12. Economic or Trade Sanctions. For any payment hereunder if to do so would be in violation of any sanctions law or regulation which would expose us to any penalty under any sanctions law or regulation. 13. Earth Movement. Resulting from subsidence, settling, sinking, slipping, falling away, caving in, shifting, eroding, mud flow, rising, tilting, or any other land or earth movement, including earthquake. 14. Eminent Domain. The operation of the principles of eminent domain, condemnation proceedings, inverse condemnation, annexation, regulatory takings, land use regulation, or planning and zoning activities or proceedings, however any such matters may be characterized, whether such liability accrues directly against you or by virtue of any agreement entered into by or on your behalf. 15. Employee Benefits. a. Arising directly or indirectly out of the failure of any investment in or by any employee benefit program including but not limited to stocks, bonds, or mutual funds to perform as represented by an insured or by any party authorized by an insured to offer benefits to employees. b. Arising directly or indirectly out of the negligence, financial failure, or breach of contract by any health or employee benefit provider that the named insured contracts with to provide employee benefits. c. Based upon an insured's failure to comply with any law concerning worker's compensation, unemployment insurance, social security, or disability benefits. d. Arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. e. For benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured, from the applicable funds accrued or other collectible insurance. f. For errors in providing information on past performance of investment vehicles or advice given by an insured to participate or not to participate in or by any employee benefit program. g. Arising directly or indirectly out of insolvency, poor performance, misrepresentation, or any other wrongful conduct of any employee benefit program provider. h. Arising directly or indirectly out of your activities imposed on you under any of the following laws: (1) The Employee Retirement Income Security Act of 1974(ERISA) including any subsequent amendments or any similar federal, state, or local law or regulation; or Language Effective October 1,2024 17 ICRMP44A2025 (2) The Securities Act of 1933, the Securities Exchange Act of 1934, the Public Utilities Holding Act of 1935, the Pool Indenture Act of 1939, the Investment Company Act of 1940, or any State Blue Sky Laws; or (3) The Jones Act, general maritime law, the Federal Employers Liability Act, Federal Employee Compensation Act, the Defense Base Act or the U.S. Longshoremen and Harbor Workers' Compensation Act. 16. Employee Defendants in Criminal Actions. A named insured to make payments pursuant to Idaho Code § 6-610A, which provides for the payment of defense costs on behalf of certain employees of governmental entities who are named as defendants in a criminal action. 17. Fungi.Any nature directly or indirectly caused by, aggravated by, arising out of, contributed to or resulting from or produced by, or in any manner related to, whether voluntary, imposed by law, or required by administrative rulings of a governmental agency, by: a. Any fungus(i) or spore(s); b. Any solid, liquid, vapor or gas produced by or arising out of any fungus(i) or spore(s); c. Any material, product, building component, or building structure that contains, harbors, nurtures or acts as a medium for any fungus(i) or spore(s); d. Any intrusion, leakage, or accumulation of water or any other liquid that contains, harbors, nurtures or acts as a medium for fungus(i)or spore(s); e. The actual or threatened abatement, testing for, monitoring, cleaning up, containing, treating, detoxifying, neutralizing, remediating, mitigation, removal or disposal of fungus(i) or spore(s)or any material, product, building component, or building structure that contains, harbors, nurtures or acts as a medium for any fungus(i) or spore(s); f. The actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any fungi or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. g. The renovation of buildings and premises for the removal or other treatment of fungi or bacteria. h. Any loss of use or delay in rebuilding, repairing or replacing property, including any associated cost or expense, due to interference at the property or location of the rebuilding, repair or replacement, by fungi or bacteria i. A microbial contamination j. Any supervision, instructions, recommendations, warnings, or advice given, or which should have been given in connection with subparagraphs a. through e. above; or k. Any obligation to indemnify or contribute with any party in connection with subparagraphs a. through f. above. For this exclusion fungus(i) includes, but is not limited to, any form or type of mold, mushroom or mildew and spore(s) include any reproductive body produced by or arising out of any fungus(i). 18. Hostile or Warlike. a. Hostile or warlike action in time of peace or war, including action in hindering, combating, or defending against an actual, impending, or expected attack by any: (1) Government or sovereign power(de jure or de facto); (2) Military, naval or air force; or Language Effective October 1,2024 18 ICRMP44A2025 (3) Agent or authority of any party specified in (1) or(2) above. b. Discharge, explosion or use of any nuclear device, weapon or material employing or involving nuclear fission, fusion, or radioactive force, whether in time of peace or war and regardless of who commits the act. c. Insurrection, rebellion, revolution, civil war, mutiny, uprising, military or usurped power, confiscation by order, martial law, or action taken by governmental authority in hindering, combating, or defending against such an event. d. Seizure or destruction under quarantine or custom regulation, or confiscation by order of any governmental or public authority. e. Risks of contraband, or illegal transportation or trade. 19. Limits on Defense of Claims or Suit. Notwithstanding any other provision of this policy, we will have no duty to investigate or defend any claim, suit, dispute, disagreement, or other proceeding seeking relief or redress in any form other than money damages, including but not limited to costs, fees, fines, penalties or expenses which any insured may become obligated to pay as a result of a consent decree, settlement, adverse judgment for declaratory relief or injunctive relief. Such denial of investigation or defense includes, but shall not be limited to any claim, suit, dispute, disagreement, or other proceeding: a. By or on behalf of any named insured, whether directly or derivatively, against: (1) Any other named insured; or (2) Any other federal, state or local governmental entity or political subdivision. b. By the spouse, domestic partner, child, parent, brother, or sister of any insured for consequential injury as a result of any injury to an insured; or c. Involving any intergovernmental agreement where any named insured is a party to the agreement(s); or d. Unless specifically stated in the applicable coverage section, no coverage exists where there is no demand for damages. 20. Incidental Medical Liability. The rendering of or failure to render the following professional health care services: a. Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or b. Any professional medical service by a physician, except supervisory physicians as defined by Idaho Code § 6-902A (2) (b), and only when performing those duties as outlined in Idaho Code § 6-902A (2) (a).; or c. Any professional medical service by a physician's assistant, nurse practitioner or nurse; or d. Furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 21. Intentional Acts. An act or omission intended or expected or deliberated on from the standpoint of any insured to cause personal injury, bodily injury or property damage to others or damage to insured property. This exclusion applies even if the personal injury, bodily injury or property damage is of a different kind or degree, or is sustained by a different person or property, than that intended or expected or deliberated on. This exclusion shall not apply to a claim resulting from the use of reasonable force to protect persons or property, or in the performance of a duty of the insured. Language Effective October 1,2024 19 ICRMP44A2025 22. Intergovernmental Claims. Alleging loss or damage arising or in any way related to a dispute or disagreement between an ICRMP member and another governmental entity, including another political subdivision, a state or the government of the United States involving any of the following: a. Claims of loss or damage between an ICRMP member and another governmental entity wherein there has been no accident or allegation of actual bodily injury or property damage. b. The respective authority of public agencies to use governmental powers, irrespective of the style or nature of such claim. c. The respective duty of public agencies to use governmental powers, irrespective of the style or nature of such claim. d. Intergovernmental disputes or disagreements concerning the exercise of powers or acceptance or assignment of duties by governmental entities to carry out public activities whether damages are claimed as a result of such dispute or disagreement, or not. e. Claims in any way related to allocation of financial responsibilities between or among public agencies. 23. Investigatory, Disciplinary or Criminal Proceedings. Any investigatory, disciplinary, or criminal proceeding against an insured, except that we may at our own option, associate counsel in the defense of any such investigatory,administrative, or disciplinary proceeding. Should we elect to associate counsel, such election shall not constitute a waiver or estoppel of any rights we may have pursuant to the terms, conditions, exclusions, and limitations of this policy. 24. Lead. Or contributed to by lead as described in parts a. through d. below: a. Bodily injury, property damage or personal injury arising out of, resulting from, caused by or contributed to by the toxic or pathological properties of lead, lead compounds or lead contained in any materials; b. Any cost or expense to abate, mitigate, remove or dispose of lead, lead compounds or materials containing lead; c. Any supervision, instructions, recommendations, warnings, or advice given, or which should have been given in connection with parts a. or b. of this subsection above; or d. Any obligation to share damages with or repay someone else who must pay damages in connection with parts a., b. or c. of this subsection. 25. Library Materials. Stemming from allegations pertaining to any material accessed through a library, including a book, drawing, painting, film, video, audio, or digital medium, which is claimed to be harmful to a minor, whether derived through the medium of reading, observation or sound, in which the content of such material is alleged to be obscene, pornographic, depict nudity of any kind, sexual conduct of any kind, or sado-masochistic abuse of any kind, harmful to minors, or in violation of any section contained in Idaho Code Title 18, Chapter 15, or any other local, state or federal law or rule, now in existence or adopted in the future, pertaining to the protection of minors. In addition, we will not cover any claim brought for enforcement or compliance with state law pertaining to duties relating to the protection of minors. However, this exclusion does not apply in claims where members have complied with all provisions within Idaho Code §18-151713. 26. Miscalculation or Legality of Assessments. Involving miscalculation or legality of assessments, adjustments, disbursements, fees, licenses or the collection of taxes, fines, or penalties, including those imposed under the Internal Revenue Code or any state or local law, however described. 27. Nuclear, Chemical and Biological Incident. Directly or indirectly caused by or resulting from any of the following regardless of any other cause or event, whether or not insured under this policy, contributing concurrently or in any other sequence to the loss from: Language Effective October 1,2024 20 ICRMP44A2025 a. Nuclear detonation, reaction, radiation, radioactive contamination or hazardous properties of nuclear material of any type, however caused or characterized, including any loss or damage by fire resulting therefrom; b. The dispersal, application or release of, or exposure to, chemical or biological materials or agents that are harmful to property or human health, whether controlled or uncontrolled, or due to any act or condition incidental to any of the foregoing,whether such loss be proximate or remote, or be in whole or in part caused by, contributed to or aggravated by any physical loss or damage insured against by this policy, however such dispersal, application, release or exposure may have been caused. 28. Opinion, Treatment, Consultation or Service. Based upon or attributable to the rendering or failure to render any opinion, treatment, consultation, or service, if such opinion, treatment, consultation, or service was rendered or failed to have been rendered while any insured was engaged in any activity for which they received compensation from any source other than as a public entity or an employee of a public entity. 29. Pollution. This is an absolute pollution exclusion. It is the intention of you and us that there is absolutely no coverage arising out of or relating to pollutants, however characterized, or defined. This policy does not cover any injury, loss, damage, costs, fines, penalties, or expenses of any kind directly or indirectly arising out of the actual, alleged, or threatened existence, discharge, dispersal, release or escape of pollutants or negligence in any way related thereto: a. At or from premises any insured now, or in the past, has owned, rented, or occupied, including but not limited to premises that any insured has operated or managed as an involuntary possessor; or b. At or from any site or location used by or for any insured or others for the handling, storage, disposal, processing, or treatment of waste at any time; or c. That at any time involves the transportation, handling, storage, treatment, disposal, or processing by or for any insured or any person or organization for whom any insured may be legally responsible: (1) At or from any site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insureds behalf are performing operations; or (2) If the pollutants are brought on or to the site or location in connection with such operations; or (3) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the pollutants; d. Whether caused or alleged to have been caused by any insured or any other person, entity or third- party, however characterized; or e. Arising out of any direction, request or order of any governmental agency, court of law, or other authority, that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize pollutants, including any and all costs or attorney's fees associated therewith; or f. Arising out of the failure of any insured to prevent or regulate pollutants generated or caused by any other person, entity, or third-party, however characterized; and g. This exclusion shall not apply to tear gas or mace as applied by law enforcement personnel within the course and scope of their duties. 30. Professional Board.Any insured arising out of the rendering of or failure to render services as a member of a formal accreditation or similar board or committee of an insured, or as a person charged with the duty of executing directives of any such board or committee or officer or director, or other official of any organization, other than the named insured. This exclusion does not apply if an insured is serving at the direction of or on behalf of the named insured and is acting within the course and scope of their duties as such. Language Effective October 1,2024 21 ICRMP44A2025 31. Punitive Damages. For exemplary or punitive damages, however characterized. 32. Silica. Any nature directly or indirectly caused by, resulting from or contributed to, aggravated by or in any manner related to silica or silica-related dust as described in paragraphs a. and b. below: a. Bodily injury, property damage, or personal injury arising out of, resulting from, caused by, or contributed to by silica or silica-related dust, exposure to silica or silica-related dust or the use of silica, except for road or pedestrian way maintenance applications or operations; b. Any damages, loss, cost, or expense arising out of any: (1) claim or suit by or on behalf of any governmental authority or any other alleged responsible party because of, or request, demand, order or statutory or regulatory requirement that any insured or any other person or entity should be, or should be responsible for: (i) Assessing the presence, absence, amount or effects of silica; (ii) Identifying, sampling, or testing for, detecting, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, abating, disposing of or mitigating silica; or (iii)Responding to silica in any way other; (2) supervision, instructions, recommendations,warnings or advice given,or which should have been given in connection with any of the paragraphs a. or b. above; or (3) obligation to share damages with or repay someone else in connection with any of the provisions of paragraphs a. or b. above. 33. Third Party Rights. This policy is solely between us and you. Nothing in this policy shall in any manner create any obligations or establish any rights of action against us in favor of any third parties, or persons not parties to this policy, including but not limited to claimants against you or us. 34. Terrorism. Directly or indirectly caused by, resulting from or in connection with or any action taken in controlling, preventing, or suppressing terrorism whether controlled or uncontrolled, proximate, or remote, sudden or over any length of time, or which is contributed to or aggravated by any other cause or event. Such terrorism is excluded regardless of any other cause or event occurring concurrently or in any sequence with such terrorism, whether followed by fire or other perils, and whether certified as terrorism or not by the United States government. 35. Wages. Any claim for back wages or legal penalties to which an employee is lawfully entitled for work performed, including any claim for wages, damages, liquidated damages or any other form of compensation, however characterized, pursuant to, or derived in any way, from an employer's responsibility to comply with the Fair Labor Standards Act or other state or federal statute directing the manner or amount of payment of compensation to employees. 36. Watercraft. Involving the ownership, maintenance, or use, including loading, and unloading, or entrustment to others of any watercraft over fifty (50)feet in length. 37. Workers' Compensation and Other Benefits Laws. Any obligation for which you may be held liable under any workers'compensation, unemployment compensation, disability benefits, or employer's liability law, or under any similar federal, state, or local law, ordinance, rule, or regulation, however characterized, as well as any claim or suit by a spouse, domestic partner, child, parent, or sibling of an insured as a consequence of personal injury to an insured. Language Effective October 1,2024 22 ICRMP44A2025 SECTION V - PROPERTY INSURANCE A. Property Insurance Provided The following insurance provided is applicable to this section only and may amend insuring agreements located in Section I General Insuring Agreement of this policy. Also, the below insurance provided is subject to Section II General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this section. These coverages as stated and sublimited below are subject to the applicable overall limit of insurance within section V which is $200,000,000 per occurrence and this limit is for all property coverages and all limits of insurance combined with all ICRMP public entity members collectively. This section covers property, as described herein, against all risks of direct physical loss of or direct physical damage to, except as excluded. 1. Buildings, Structures and Property. We agree to pay you, or on your behalf,for an occurrence against direct physical loss of or direct physical damage, including, earth movement and flood, to your insured property provided such loss or damage occurs during the policy period specified in the declaration pages. a. Additional Coverages. This section includes various additional coverages for physical loss or damage. These additional coverages below will only apply after coverage is afforded under the insurance provided for buildings, structures, and property.The sublimits stated below are a part of, and not in addition to, the overall combined policy limit of insurance of all public entity members collectively as stated above. Also, each sublimit below is the maximum amount potentially recoverable for all insured loss, damage, expense, time element or other insured interest arising from or relating to that aspect of the occurrence, including but not limited to type of property, construction, geographic area, zone, location, or peril. Each sublimited additional coverage below is subject to all policy provisions and this section's provisions, including applicable exclusions and deductibles, and apply on a per occurrence basis, unless otherwise stated. The additional coverages are as follows: (1) Claim Preparation Fees and Expenses. This additional coverage provides for the actual costs you incur for reasonable fees payable to your accountants, architects, auditors, engineers, or other professionals for producing and certifying any particulars or details contained in your books or documents, or such other proofs, information or evidence required by us resulting from an insured loss payable under this section for which we have accepted coverage. Coverage will not include the fees and costs of attorneys, public adjusters, and loss appraisers, all including any of their subsidiary, related or associated entities either partially or wholly owned by them or retained by them for the purpose of assisting them. Claim preparation fees and expenses are limited to a maximum of $100,000 per occurrence. (2) Debris Removal. This additional coverage provides for the reasonable and necessary costs incurred to remove debris from your insured property that remains as a direct result of physical loss or damage resulting from an insured loss payable under this section for which we have accepted coverage. This additional coverage does not cover the costs of removal of contaminated uninsured property or the contaminant in or on uninsured property whether or not the contamination results from insured physical loss or damage. Contamination includes, but is not limited to, the presence of a pollutant or hazardous material. Debris removal expenses are limited to$1,000,000 or 25% of the loss, whichever is the lesser, per occurrence. (3) Ordinance or Law. This additional coverage provides for the reasonable and necessary costs incurred, described below, to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of buildings or structures, resulting from an insured loss payable under this section for which we have accepted coverage provided. Compliance with ordinance or law expenses is limited to a maximum of$1,000,000 per occurrence.The specifics to this additional coverage are detailed as follows: a. Such law or ordinance is in force on the date of insured physical loss or damage; and b. Its enforcement is a direct result of such insured physical loss or damage; and Language Effective October 1,2024 23 ICRMP44A2025 c. This additional coverage does not cover any loss due to any law or ordinance with which you should have complied before the loss. d. This additional coverage provides for the cost to repair or rebuild the physically damaged portion of such property with materials and in a manner to satisfy such law or ordinance and the cost to: (1) Demolish the physically undamaged portion of such property insured; and (2) Rebuild it with materials and in a manner to satisfy such law or ordinance to the extent that such costs result when the total demolition of the physically damaged insured property is required to satisfy such law or ordinance. e. This additional coverage excludes any costs incurred as a direct or indirect result of enforcement of any laws or ordinances regulating any form of contamination including but not limited to the presence of a pollutant or hazardous material. f. The maximum liability for this additional coverage at each insured property in any occurrence will not exceed the actual cost incurred in demolishing the physically undamaged portion of the property insured plus the lesser of: (1) The reasonable and necessary cost incurred, excluding the cost of land, in rebuilding on another site; or (2) The cost of rebuilding on the same site. (4) Fire Brigade Charges and Extinguishing Expenses. This additional coverage provides for expenses resulting from a covered loss from fire brigade charges and any extinguishing expenses which you incur, and loss and disposal of fire extinguishing materials expended resulting from an insured loss payable under this section for which we have accepted coverage. These expenses are sublimited to$25,000 per occurrence. (5) Operational Disruption Expense. This additional coverage provides for operational disruption expenses resulting from damage to insured property arising out of a covered loss under this section during the period of restoration resulting from an insured loss payable under this section for which we have accepted coverage. The maximum amount we will pay for all expenses related to operational disruption expense is $2,500,000 per covered occurrence and includes all sublimits as listed below. The following sublimits apply: a. The maximum amount we will pay is$500,000 for any one occurrence or in the aggregate for multiple occurrences for income loss. This will be limited to your actual loss of income after deduction for expenses avoided because of the disruption. This will only extend for the period of restoration, and only if you repair or replace the damaged or destroyed insured property. In addition, this provides income loss from: (i) Civil or military authority that prohibits access to your insured property, provided that access to the area immediately surrounding your damaged property is prohibited by civil or military authority as a result of the damage, and your insured property are within that area but are not more than 5 miles from the damaged property and the action of civil or military authority is taken in response to dangerous physical conditions resulting from the damage or continuation of the covered cause of loss that caused the damage, or the action is taken to enable a civil or military authority to have unimpeded access to the damaged property. If income loss is caused by civil or military authority action, coverage will not start until 72 hours after the time of the first action of civil or military authority that prohibits access to your insured property and will apply for a period of up to sixty days from the date on which such coverage began; or (ii) Ingress to or egress from your insured property that is prevented (other than civil or military authority) because of direct physical loss or damage to your insured property and you incur income loss due to the necessary suspension of your operations during the period of restoration. This will apply for up to 30 consecutive days from the date when the ingress or egress is first prevented. Language Effective October 1,2024 24 ICRMP44A2025 (iii) Loss of income does not include loss of funding or grants from a governmental or private entity, foundation, or person. b. The maximum amount we will pay is $250,000 for any one occurrence or in the aggregate for multiple occurrences for actual interruption of the use of your computer system when caused by a covered loss, provided that the disruption is directly caused by damage to your computer system. c. The maximum amount we will pay is$250,000 for expediting expenses to cover the reasonable and necessary costs you incur to pay for the temporary repair of insured damage to your insured property and to expedite the permanent repair or replacement of such damaged property. This does not cover costs recoverable elsewhere in this section or of permanent repair or replacement of damaged property. d. The maximum amount we will pay is $250,000 for leasehold interest loss because of physical loss or damage to your insured property and is subject to the following: (1) If the lease agreement requires continuation of rent; and if the property is wholly untenantable or unusable, the actual rent payable for the unexpired term of the lease; or if the property is partially untenantable or unusable, the proportion of the rent payable for the unexpired term of the lease. (2) If the lease is canceled by the lessor pursuant to the lease agreement or by the operation of law; the lease interest for the first three months following the loss; and the net lease interest for the remaining unexpired term of the lease. (3) The leasehold interest does not insure any increase in loss resulting from the suspension, lapse or cancellation of any license, or from you exercising an option to cancel the lease; or from your act or omission that constitutes a default under the lease. (4) In addition, there is no coverage for your loss of leasehold interest directly resulting from damage to contents or personal property. e. The maximum amount we will pay is $250,000 for extra expenses above your normal operations after physical loss or damage to your insured property and is for the reasonable and necessary extra costs you incurfor the following during the period of restoration: (1) Extra expenses to temporarily continue as nearly as normal as practicable the conduct of your operation and extra costs of temporarily using other property for your facilities; (2) Less any value remaining at the end of the period of restoration for property obtained in connection with the above. (3) Extra expenses to temporarily continue as nearly as normal as practicable the conduct of your operation and extra costs of temporarily using other property for yourfacilities in response to civil or military authority that prohibits access to your insured property, provided that access to the area immediately surrounding your damaged property is prohibited by civil or military authority as a result of the damage, and your insured property are within that area but are not more than 5 miles from the damaged property and the action of civil or military authority is taken in response to dangerous physical conditions resulting from the damage or continuation of the covered cause of loss that caused the damage, or the action is taken to enable a civil or military authority to have unimpeded access to the damaged property. Extra expenses caused by civil or military authority action will end sixty (60) days after the date of that action. f. Extra expense does not cover: (1) Any loss of income. (2) Costs that normally would have been incurred in conducting the operation during the same period had no physical loss or damage occurred. Language Effective October 1,2024 25 ICRMP44A2025 (3) Cost of permanent repair or replacement of your insured property that has been damaged or destroyed. (4) Any expense recoverable elsewhere in this section. (6) Property in the Course of Construction. This additional coverage provides for new buildings or additions in the course of construction up to a per occurrence limit of$2,500,000 for structures as listed per the schedule of values resulting from an insured loss payable under this section for which we have accepted coverage. This includes the necessary soft costs. Coverage ends when the policy cancels or expires. We will charge additional premium for buildings or structures added on the schedule of values from the date construction begins or you acquire the property. (7) Protection and Preservation of Property. This additional coverage provides for reasonable and necessary costs incurred up to a per occurrence limit of$250,000 for actions to temporarily protect or preserve insured property, provided such actions are necessary due to actual, or to prevent immediately impending, insured physical loss or damage to such insured property resulting from an insured loss payable under this section for which we have accepted coverage. For this condition, reasonable and necessary includes, but is not limited to: a. Fire department fire-fighting charges imposed as a result of responding to a fire in, on or exposing the insured property; b. Costs incurred of restoring and recharging fire protection systems following an insured loss; and c. Costs incurred for the water used for fighting a fire in, on or exposing the insured property. d. This additional coverage is subject to the deductible provisions that would have applied had the physical loss or damage occurred. (8) Valuable Papers and Records, and Electronic Data and Media. This additional coverage provides for physical loss or damage to valuable papers and records and electronic data and media following physical damage or damage to insured property resulting from an insured loss payable under this section for which we have accepted coverage. The maximum amount we will pay for any one occurrence or in the aggregate for multiple occurrences is $250,000 to restore data lost by you for an actual interruption of the use of your computer system when caused by a covered loss. The maximum amount we will pay for all other losses to valuable papers and records that are not electronic data or media is $250,000 for any one occurrence. This additional coverage excludes loss or damage to property described below: a. Currency, money or securities; b. Property held as samples or for sale for delivery after sale; c. Errors or omissions in processing, programming, or copying unless physical damage not excluded by this policy results, in which event, this coverage will insure only such resulting damage. 2. Asbestos Cleanup and Removal. This provides coverage to extract asbestos from land or water at the described premises if the release of asbestos is caused by or results from a covered claim. This coverage does not apply to costs to test for, monitor, or assess the existence, concentration, or effects of asbestos. The most we will pay under this coverage is $100,000 for the sum of all covered expenses arising out of the loss occurring during the policy period. 3. Mobile Equipment and Vehicle Physical Damage. We agree to pay you, or on your behalf, for an occurrence against direct physical loss of or direct physical damage including, earth movement and flood to any vehicle or mobile equipment owned by you, or any vehicle or mobile equipment for which you have an obligation to provide adequate insurance because of an ownership or possessory interest, provided such loss or damage occurs during the policy period specified in the declaration pages. The most we will pay in any one occurrence is$1,500,000 when the vehicle or mobile equipment is travelling over the road. Further, the most we will pay is$10,000,000 for all vehicles or mobile equipment items while not in use or stationary. Language Effective October 1,2024 26 ICRMP44A2025 4. Landscaping Items. We agree to pay you, or on your behalf, for an occurrence for direct physical loss of or direct physical damage including earth movement and flood for damage to your outdoor trees, shrubs, plants, or harvested crops. The most we will pay in any one occurrence is $25,000. 5. Property of Employees or Volunteers. We agree to pay you, or on your behalf, for an occurrence for direct physical loss of or direct physical damage including earth movement, and flood for damage to your employee or volunteer-owned personal property located within insured property up to a per occurrence limit of$50,000. Coverage provided shall be secondary to any primary coverage available to employees or volunteers. 6. Vehicles or Mobile Equipment Owned by Employees or Authorized Volunteers. We agree to pay you, or on your behalf, for an occurrence for direct physical loss of or direct physical damage including earth movement, and flood for vehicles or mobile equipment owned by employees or authorized volunteers of the named insured while the vehicles or mobile equipment are being used by the employee or authorized volunteer on official business of the named insured up to a per occurrence limit of $50,000. Coverage provided shall be secondary to any primary coverage available to employees or volunteers. 7. Search and Rescue. We agree to pay you, or on your behalf, for an occurrence against direct physical loss of or direct physical damage including terrorism, earth movement, and flood for vehicles or mobile equipment owned by employees or authorized volunteers of the named insured while the vehicles or mobile equipment are being used by the employee or authorized when engaged in search and rescue activities when actively participating in search and rescue mobilizations initiated by the Sheriff and is intended to provide primary insurance for that endeavor. 8. Property in Transit. We agree to pay you, or on your behalf, for an occurrence for direct physical loss of or direct physical damage including earth movement and flood for damage to insured property, while being transported by you, or on your behalf, up to a per occurrence and/or in the annual aggregate limit of $250,000 per policy period. In the event of a loss to your insured property while being transported by others on your behalf, coverage provided shall be secondary to any primary coverage available to those transporting your property, and coverage only extends to your insured property, not the property of the transporters. 9. Unmanned Aircraft System. We agree to pay you, or on your behalf, for an occurrence for direct physical loss of or direct physical damage including earth movement and flood up to $50,000 per occurrence for physical damage to unmanned aircraft(drones)weighing less than 55 pounds, flying at or below 400 feet above ground level, and incapable of travelling more than 100 miles per hour. 10. Newly Acquired Property. We agree to pay you, or on your behalf, for an occurrence for direct physical loss of or direct physical damage including earth movement and flood for damage to insured property rented, leased, purchased, or newly constructed by you after the inception date of this policy, but prior to the expiration date. All newly acquired property shall be reported to us via the schedule of values within one hundred twenty(120)days from the date of acquisition in order for coverage to continue and shall be limited to $12,500,000. We will invoice additional premium for buildings or structures added on the schedule of values from the date construction begins or you acquire the property. B. Definitions Applicable to Property Insurance Provided The following definitions are applicable to this section only. They may amend definitions located in Section II General Definitions of this policy. 1. "Actual Cash Value" means the amount it would cost to repair or replace insured property, on the date of loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation. 2. "Computer System" means a system of computer hardware, software, and associated electronic devices that you operate or own. 3. "Cosmetic Damage" means marring, pitting, denting or other superficial damage that altered the appearance of insured property, but such damage does not prevent the insured property from continuing to function normally as it did before the cosmetic damage occurred. Language Effective October 1,2024 27 ICRMP44A2025 4. "Coverings and Roof-Mounted Equipment" means shingles, tiles, cladding, metal or synthetic, sheeting or similar materials covering the roof and includes all materials used in securing the roof surface and all materials applied to or under the roof surface for moisture protection or insulation, roof flashing, and any roof-mounted equipment attached to the building or structure. 5. "Earthquake" means a shaking or trembling of the earth that is tectonic or seismic in origin. 6. "Earth Movement" means any natural or man-made earth movement, including but not limited to earthquake, landslides, subsidence, or volcanic eruption regardless of any other cause or event contributing concurrently or in any other sequence of loss. However, physical damage by fire, explosion, or sprinkler leakage resulting from earth movement will not be considered to be loss by earth movement within the terms and conditions of this section. All earth movement within a continuous 168-hour period will be considered a single earth movement; the beginning of such period shall be determined by you. 7. "Electronic Data and Media" means all forms of data, converted data, electronically converted data and/or programs and/or applications and/or instructions and/or media vehicles employed. 8. "Fine Arts" means manuscripts; paintings; etchings; pictures; murals; tapestries; rare or art glass; art glass windows; valuable rugs; statuary; sculptures; antique furniture; antique jewelry; bric-a-brac; porcelains; and similar property of rarity, historical value, or artistic merit excluding vehicles, coins, stamps, precious metals, watercraft, aircraft, money, or securities. 9. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. Flood, or rising waters, waves, tide, or tidal water; b. The unusual and rapid accumulation or runoff of surface water from any source; or, c. Mudslide or mud flow caused by accumulation of water on or under the ground; the overflow of inland or tidal waters outside the normal watercourse or natural boundaries; d. The release of water, the rising, overflowing or breaking of boundaries of natural or man-made bodies of water, or the spray therefrom. e. However, physical damage by fire, explosion or sprinkler leakage resulting from flood is not considered to be loss by flood within the terms and conditions of this section. All flooding within a continuous 168-hour period will be considered a single flood; the beginning of such period shall be determined by you. 10. "Flood Insurance Rate Map" means the official map of a community on which the administrator has designated the special hazards area applicable to the community. 11. "Functional Replacement Cost' means the cost of replacing damaged insured property with similar property that will perform the same function but may not be identical to the damaged insured property. 12. "Lease Interest" means the excess rent paid for the same or similar replacement property over actual rent payable plus cash bonuses or advance rent paid (including maintenance or operating charges) for each month during the unexpired term of your lease for buildings or structures. 13. "Net Lease Interest' means that sum which placed at 3% interest rate compounded annually would equal the lease interest(less any amounts otherwise payable)for buildings and structures. 14. "Occurrence" means any one loss, disaster, casualty or series of losses, disasters, or casualties, arising out of one event. When the term applies to loss or losses from the perils of tornado, cyclone, hurricane, windstorm, snow or ice storm, hail, volcanic eruption, riot, riot attending a strike, civil commotion, and vandalism and malicious mischief, one event shall be construed to be all losses arising during a continuous period of 72 hours. When filing a loss,you may elect the moment at which the 72-hour period shall be deemed to have commenced, which shall not be earlier than the first loss to the insured property occurs. Language Effective October 1,2024 28 ICRMP44A2025 15. "Operational Disruption Expense" means costs incurred by the named insured in order to continue as nearly as practicable the normal operation of your public entity immediately following a covered loss. This includes the loss of any income, net of expenses, incurred during the period of restoration of the operation of the public entity. 16. "Period of Restoration" means that period of time that begins with the date of the direct physical loss of or direct physical damage to insured property and ends with the date when such part of the insured property as has been lost or damaged could, with the exercise of your due diligence or dispatch, be rebuilt, or replaced. 17. "Replacement Cost" means the cost to repair, rebuild, or replace with new materials of like kind, size, and quality, without deduction for depreciation. 18. "Schedule of Values" means those records describing insured property as entered into the ICRMP database by you or your independent insurance agent and kept on file with us. 19. "Soft Costs" means: a. Interest expense; b. General overhead-developer expenses and additional real estate taxes; c. Legal or professional fees; d. Marketing expenses and advertising expenses; e. Debt service payments and insurance premiums; f. Refinancing charges and bond interest; g. Founders fees and miscellaneous operating expenses. 20. "Special Flood Hazard Area" means the areas of flood insurance rate map which are identified as Zones A, AO,AH,Al—A30,AE,A99,AR,AR/A,AR/AE,AR/A1 —A30,AR/AH,AR/AO,V,V1430,and VE. For purposes of determining which areas qualify as special flood hazard areas as specified above, only those flood insurance rate maps which were in effect at the time of the flood loss shall apply. 21. "Vacant Property" means a building is vacant if less than 10% of the total square footage is owned, rented or leased by you and contains inadequate contents to perform customary operations, excluding common areas such as lobbies and garages. Buildings under construction or renovation shall not be considered vacant. 22. "Valuable Papers and Records" means written, printed or otherwise inscribed documents, securities, and records including but not limited to books, maps,films, drawings, abstracts, evidence of debt, deeds, mortgages, mortgage files, manuscripts and micro or electronically/magnetically inscribed documents, but not including the monetary value of monies and/or securities. C. Specific Conditions Applicable to Property Insurance Provided The following conditions are applicable to this section only. They may amend conditions located in Section III General Conditions of this policy. 1. Appraisal. The appraisal process is available to determine the value of a covered loss but is not available to determine whether a loss is covered. a. If you and we fail to agree on the amount of loss,each will,on the written demand of either,select a competent and disinterested appraiser. Each will notify the other of the appraiser selected within thirty (30)days of such demand. The two appraisers shall first select a competent, disinterested umpire. If the two appraisers fail to agree upon an umpire within thirty (30) days, you and we shall jointly move to have an umpire selected by a district judge in the State of Idaho to select an umpire. The appraisers shall then identify each item of physical damage or loss and appraise the amount of loss. The appraisal shall include a detailed breakdown of the costs necessary to repair or replace the item and shall state separately the actual cash value and Language Effective October 1,2024 29 ICRMP44A2025 replacement cost value as of the date of loss and the amount of loss, for each item of physical loss or damage. If the appraisers fail to agree within fourteen (14) days, they shall submit their differences to the umpire. b. The umpire shall review the appraisals prepared by the appraisers selected by you and us and shall inspect the property prior to preparing the appraisal. The appraisers for you and us shall be afforded the opportunity to attend the umpire's inspection of the property and provide sufficient input to allow the umpire to understand the nature and reasons for the differences between the appraisals. After inspecting the property and receiving input from the appraisers, the umpire shall identify each item of physical loss or damage and shall appraise the amount of loss for each item. The umpire's appraisal shall include a detailed breakdown of the costs necessary to repair or replace the item and shall state separately the actual cash value and replacement cost value as of the date of the loss. An award agreed to in writing by any two of the three appraisers will determine the amount of loss. The appraisal award is subject to all terms of the coverage document and may be reduced by the application of a deductible called for by this policy. c. You and we will each: (1) Pay its chosen appraiser; and (2) Bear equally the other expense of the appraisal and umpire. (3) A demand for appraisal shall not relieve you of your continuing obligation to comply with the terms and conditions of this policy. We will not be held to have waived any of its right by any act relating to appraisal. 2. Borrowed Vehicles from Other Public Entities. Vehicles that are loaned to you from other public entities, for less than ninety(90)days, and used for official business, are not required to be listed on the schedule of values. 3. Consequential Reduction in Value. This details the reduction in value of insured merchandise that is a part of pairs, sets or components, directly resulting from physical loss or damage insured by this section to other insured parts of pairs, sets or components of such merchandise. If settlement is based on a constructive total loss, you will surrender the undamaged parts of such merchandise to us. 4. Deductibles. In each case of loss covered by this section, we will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the applicable deductible listed on the declarations page or within this section. We will then pay the amount of loss or damage in excess of the applicable deductible, up to the applicable limit of insurance. a. Unless otherwise stated, if more than one deductible amount applies to loss or damage in any one covered occurrence, the highest deductible amount applies; or b. If the applicable deductible is stated as a percentage of the loss, reimbursable indemnity payments made to you or on your behalf by us shall be reduced by the deductible percentage stated in the declarations page or within this section. c. Flood Type 1: As respects buildings or structures wholly or partially situated in a special flood hazard area the following deductibles shall apply separately for loss from the peril of flood, as covered and defined under the National Flood Insurance Program: (1) For all coverages insured against under this section, if you purchase coverage from the National Flood Insurance Program, the deductible shall be the greater of the amount recoverable from the National Flood Insurance Program or the actual cash value, not to exceed $500,000. This deductible shall apply for each building or each structure for real property, and for contents at each building or each structure. (2) For all coverages insured against under this section, if you do not purchase coverage from the National Flood Insurance Program, or the property is not eligible for coverage from the National Flood Insurance Program, or in the event the National Flood Insurance Program lapses or is discontinued, the deductible shall be $ 500,000 at each building or each structure for real property, $500,000 for contents at each building or each structure, and $500,000 each for any other insured property. Language Effective October 1,2024 30 ICRMP44A2025 (3) If the community is participating in the Emergency Program under the National Flood Insurance Program, $500,000 as noted within this condition: Deductibles, a. (1) above is replaced with $100,000. If the property is eligible for coverage in the Emergency Program, $500,000 as noted within this condition, Deductible a. (2) is replaced with $100,000. (4) However, these deductibles shall not apply to insured property located outside of an area designated as a special flood hazard area nor to ensuing physical loss, or damage or destruction not otherwise excluded herein. Further, the deductibles described under this condition, a., paragraphs (1), (2), and (3) above shall apply individually. d. Flood Type 2: For all other flood losses, the deductible shall be as stated on the declarations pages at the beginning of this policy. e. Gymnasium Floor: For covered losses to gymnasium floor(s) resulting in damage caused by water, except flood, the deductible shall be a percentage of the loss as stated on the declarations page at the beginning of this policy. f. Hail: For covered losses resulting in damage caused by hail, the deductible shall be a percentage of the loss as stated on the declarations page at the beginning of this policy. g. Pipes or Fittings Failure: For covered losses to insured property resulting from pipes or fittings failure, regardless of the cause of loss contributing to the damage, the deductible shall be a percentage of loss as stated on the declarations page at the beginning of this policy. h. Weight of Snow. For covered losses resulting in damage caused by weight of snow, the deductible shall be a percentage of the loss as stated in the declarations page at the beginning of this policy. i. As respects losses from other covered losses, a deductible per occurrence for insured property shall be as stated on the declarations pages at the beginning of this policy. 5. Earthquake. The sublimit for earthquake, as listed on the declarations page, is the maximum amount potentially recoverable by all ICRMP Public Entity Members combined insured losses, damages, expenses, or time element losses or other insured interest arising from or relating to such an occurrence. All other sublimits are a part of, and do not increase, the earthquake sublimit. a. All earthquake coverage is subject to an earthquake aggregate limit of$50,000,000 for each occurrence and each policy period. The earthquake aggregate limit is a shared limit among all ICRMP Public Entity Members and is the most we will pay per occurrence for all ICRMP Public Entity Members covered under any policy period. b. If the earthquake aggregate limit is exceeded, the amount recoverable by any named insured will be reduced pro rata in the same proportion that the loss of the named insured bears to the total amount of loss of all named insureds. c. We may pay claims on a provisional basis until all covered losses for a particular policy period are resolved, as determined by us. If we determine that the earthquake aggregate limit may be exceeded, we may delay claim payments until we determine that all liabilities and expenses for a policy period have been resolved. d. Once all covered losses for a policy period are resolved, we will give notice to all named insureds with claims of their pro rata share of covered losses. If a named insured received claim payments in excess of its pro rata share, the named insured will remit the excess amount to us within thirty (30) days of the date on which we give notice. If a named insured received claims payments that are less than its pro rata share, we will remit the deficiency to the named insured within thirty (30) days of the date on which we receive the last payment due from named insureds who received claims payments in excess of their pro rata shares. e. For purposes of the earthquake aggregate limit, determinations made by us relating to the earthquake aggregate limit will be made in our sole and absolute discretion. Language Effective October 1,2024 31 ICRMP44A2025 6. Flood. The sublimit for flood, as listed on the declarations page, is the maximum amount potentially recoverable by all ICRMP Public Entity Members for combined insured losses, damages, expenses, time element, or other insured interest arising from or relating to such an occurrence. All other sublimits are a part of, and do not increase, the flood sublimit. Further, if flood occurs in conjunction with earthquake, the flood sublimit applies within and erodes the sublimit for that earthquake or earth movement. a. All flood coverage is subject to a flood aggregate limit of$50,000,000 for each occurrence of Flood Type 2, and $12,500,000 for each occurrence of Flood Type 1, and each policy period. The flood aggregate limit is a shared limit among all ICRMP Public Entity Members and is the most we will pay per occurrence for all ICRMP Public Entity Members covered under any policy period. b. If the flood aggregate limit is exceeded, the amount recoverable by any named insured will be reduced pro rata in the same proportion that the loss of the named insured bears to the total amount of loss of all named insureds. c. We may pay claims on a provisional basis until all covered losses for a particular policy period are resolved, as determined by us. If we determine that the flood aggregate limit may be exceeded, we may delay claim payments until we determine that all liabilities and expenses for a policy period have been resolved. d. Once all covered losses for a policy period are resolved, we will give notice to all named insureds with claims of their pro rata share of covered losses. If a named insured received claim payments in excess of its pro rata share, the named insured will remit the excess amount to us within thirty (30) days of the date on which we give notice. If a named insured received claims payments that are less than its pro rata share, we will remit the deficiency to the named insured within thirty (30) days of the date on which we receive the last payment due from named insureds who received claims payments in excess of their pro rata shares. e. For purposes of the flood aggregate limit, determinations made by us relating to the flood aggregate limit will be made in our sole and absolute discretion. 7. Schedule of Values. a. All vehicles, watercraft, buildings, outdoor structures, and a summary accounting value of all items included as contents associated with a building, must be identified in the schedule of values. b. All mobile equipment, unmanned aircraft system and watercraft with an individual value greater than $25,000 must be identified in the schedule of values. c. All other mobile equipment, unmanned aircraft system and watercraft with an individual value less than $25,000 does not need to be listed as individual items in the schedule of values. These items must be summarized and listed as one value that encompasses all items per member. d. It is your responsibility, working with your independent insurance agent or reporting directly to us via the schedule of values, to make sure all insured property is listed on your schedule of values as detailed in items (a.)through (c.)above. e. Items you list on the schedule of values, but excluded by the language within this policy, are not covered. 8. Valuation of Loss. Adjustment of the physical damage loss amount under this section will be computed as of the date of loss at the insured property, and for no more than your interest in the insured property, subject to the applicable sublimits either stated in the below text or on the declaration pages: a. On contents inside or associated with a building or structure, we shall not pay for loss or damage in excess of the stated summary blanket value per location as listed on the schedule of values you have on file with us. Additionally, the loss amount will not exceed the lesser of the following: (1)The cost to repair contents; (2)The cost to rebuild or replace contents on the same site with new materials that are like size, kind and quality; Language Effective October 1,2024 32 ICRMP44A2025 (3)The selling price of machinery and equipment, other than stock, offered for sale on the date of loss; (4)The cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement. (5)The unamortized value of improvements and betterments to contents, if such property is not repaired or replaced at your expense; or (6)The actual cash value if such contents is: (i) Useless to you; or (ii) Not repaired, replaced or rebuilt on the same or another site within two years from the date of loss. (7)You may elect not to repair or replace insured property lost, damaged, or destroyed. Loss settlement may be elected on the lesser of repair or replacement cost basis if the proceeds of such loss settlement are expended on other capital expenditures related to your operations within two years from the date of loss. As a condition of collecting on this item, such expenditure must be unplanned as of the date of loss and be made at an insured property under this section. b. On mobile equipment, watercraft, unmanned aircraft systems, and vehicles: (1) For mobile equipment, watercraft, unmanned aircraft systems or vehicles purchased within the last 12 months from the date of loss, we will pay the lessor of cost to repair or the original purchase price of the totaled mobile equipment, watercraft, unmanned aircraft systems, or vehicles. (2) For mobile equipment, watercraft, unmanned aircraft systems or vehicles that were purchased greater than 12 months from the date of loss, we will pay the lesser of the actual cash value, the cost to repair, or no more than 110% of the value stated as listed on the schedule of values you have on file with us. (3) If mobile equipment, watercraft, unmanned aircraft systems or vehicles are not repaired or replaced, we will pay no more than the actual cash value. (4) For mobile equipment, watercraft, unmanned aircraft systems or vehicles that are leased or rented, we will not pay any expense related to any outstanding finance expenses included in the leasing agreement nor the full value of the lease agreement, c . Stock in process, the value of raw materials and labor expended plus the proper proportion of overhead charges. d. Property in transit: (1) Property shipped to or on your account will be valued at your actual invoice. Included in the value are accrued costs and charges legally due. Charges may include your commission as selling agent. (2) Property you sold and shipped to or for the purchaser's account will be valued at your selling invoice amount. Prepaid or advanced freight costs are included. (3) Property not under invoice will be valued at the actual cash market value at the description point on the date of occurrence less any charges saved which would have become due and payable upon arrival at destination. e. Roofs or sections of roofs more than twenty (20)years old, in the event of loss or damage to roofs or sections of roofs, as evidenced by actual documentation of installation, the loss or damage shall be valued at the time and place of the loss on an actual cash value basis determined as follows: Language Effective October 1,2024 33 ICRMP44A2025 (1)Actual cash value equals the replacement cost times the remaining useful life factor(R). The remaining useful life factor is calculated by the following formula: R = U/N. i. Where N = The normal useful life of the roof based on the manufacturer's design life expectancy. ii. Where U = The length of time the roof was in use at the time of the loss. iii. Where R = The remaining useful life factor at the time of the loss. Replacement cost shall not exceed the actual cost to repair or replace the property with material of like kind and quality within a reasonable time after loss. The minimum residual value assigned to damaged roofs or section of roofs shall be set at 10%. f. Finished goods manufactured by you, the regular cash-selling price at the insured property where the loss happens, less all discounts and charges to which the finished goods would have been subject had no loss happened. g. Raw materials, supplies and other merchandise not manufactured by you: (1) If repaired or replaced, the actual expenditure incurred in repairing or replacing the damaged or destroyed property, or (2) If not repaired or replaced, the actual cash value. h. Fine arts articles, the lesser of and not to exceed $1,000,000 per occurrence only if the item cannot be replaced with other like kind and quality: (1) The reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (2) Cost to replace the article; or (3) Current market value at time of loss. (4) In the event a fine arts article is part of a pair or set, and a physically damaged article cannot be replaced, or repaired or restored to the condition that existed immediately prior to the loss, we will be liable for the lesser of the full value of such pair or set or the amount designated on the schedule of values, not to exceed our sublimit as stated above or in the declarations pages. You agree to surrender the pair or set to us. i. Valuable Papers and Records, and Electronic Data and Media. (1) On data, programs or software stored on electronic, electro-mechanical, or electro-magnetic data processing or production equipment: (i) The cost to repair, replace or restore data, programs or software including the costs to recreate research and engineer; (ii) If not repaired, replaced, or restored within two years from the date of loss, the blank value of the media. (2) On all other Valuable Papers and Records, and Electronic Data and Media, the lesser of the following: (i) The cost to repair or restore, including the cost to recreate, research and engineer the item to the condition that existed immediately prior to the loss; (ii) The cost to replace the item. Language Effective October 1,2024 34 ICRMP44A2025 j. Vacant Property: (1) if the building or leased premises has been vacant for a period of more than ninety (90)consecutive days before the loss or damage occurs, we will not pay for any loss or damage caused by any of the following: (i) Vandalism (ii)Sprinkler leakage (iii) Building glass breakage (iv)Water damage (v)Theft, or attempted theft (2)With respect to direct physical loss or damage, other than from caused listed above, and not otherwise excluded by this policy, we will reduce the amount we would otherwise pay for the loss or damage by 15%. k. On all other insured property, we shall not pay for loss or damage in excess of 110% of the stated value per location, as listed on the schedule of values you have on file with us. Additionally, the loss amount will not exceed the lesser of the following: (1)The cost to repair; (2) The cost to rebuild or replace on the same site with new materials that are like size, kind and quality; (3) The cost in rebuilding, repairing or replacing on the same or another site, but not to exceed the size and operating capacity that existed on the date of loss; (4) The selling price of real property or machinery and equipment, other than stock, offered for sale on the date of loss; (5) The cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement. (6)The increased cost of demolition, if any, resulting from loss covered by this section, if such property is scheduled for demolition; (7) The unamortized value of improvements and betterments, if such property is not repaired or replaced at your expense; or (8)The actual cash value if such property is: (i) Useless to you; or (ii) Not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss. (9) You may elect not to repair or replace insured property lost, damaged, or destroyed. Loss settlement may be elected on the lesser of repair or replacement cost basis if the proceeds of such loss settlement are expended on other capital expenditures related to your operations within two years from the date of loss. As a condition of collecting on this item, such expenditure must be unplanned as of the date of loss and be made at an insured property under this section. Language Effective October 1,2024 35 ICRMP44A2025 9. Vehicles and Mobile Equipment that are Leased or Rented. Vehicles and mobile equipment that are leased or rented to an insured, for less than ninety (90)days, and used for official business, are covered under this section, and are not required to be listed on the schedule of values. D. Exclusions Applicable to Property Insurance Provided The following exclusions are applicable to this section only. They may amend exclusions located in Section IV General Exclusions of this policy. 1. With Regard to all property, we do not cover loss or damage under the Property Insurance Provided of this section resulting directly or indirectly by or resulting from any of the following regardless of any other cause or event, whether or not insured by this section, contributing concurrently or in any other sequence to the loss: a. Loss or damage more specifically covered under any other section of this policy. b. Moths, animals (other than collision with animals), vermin, termites, crickets, or other insects. c. Inherent vice, latent defect, wear, tear or deterioration, depletion, whether sudden or gradual. d. Contamination, corrosion, erosion, rust, wet or dry rot, mold, dampness of atmosphere or variations of temperature. e. Accumulated effects of smog, smoke, vapor, liquid, or dust. f. Loss of use, delay or loss of markets or opportunity. g. Breakdown or derangement of any machinery or equipment, unless an insured peril ensues, and then only for the actual loss or damage caused by such ensuing peril. h. Electrical appliances, devices, fixtures, or wiring caused by artificially generated electrical current, unless fire or explosion ensues, and then only for the actual loss or damage caused by such ensuing fire or explosion. i. Mysterious disappearance, loss or shortage disclosed on taking inventory for which the loss can be proven solely on the inventory records, or any unexplained loss. j. Any fraudulent, dishonest, or criminal act, but not limited to theft, committed alone or in collusion with others at any time by any insured: (1) Including theft of cash, securities, or other negotiable instruments, however described; or (2) By any employee, proprietor, partner, director, trustee, or officer of any business or entity you engage to do anything in connection with insured property; or (3) Acts of direct insured physical damage intentionally caused by your employees, elected, or appointed officials, volunteers or any individual specified in (2) above, and done without your knowledge. In no event, does this section cover loss by theft by any individual specified above. k. Indirect or remote loss or damage. I. Loss or damage or deterioration arising from any delay. m. Interruption of business; except to the extent provided by this section. n. Physical damage to insured property caused by water due to the intentional cessation of a building's heat source. Language Effective October 1,2024 36 ICRMP44A2025 o. Lack of the following services when caused by an occurrence off the insured property and only if the lack of such a service directly causes physical damage insured by this section on the insured property, then only that resulting damage is insured: (1) Incoming or outgoing electricity, fuel, water, gas, steam, refrigerant; (2) incoming or outgoing sewerage; p. incoming or outgoing telecommunications; 2. With Regard to Buildings and Structures, we do not cover losses under the Property Insurance Provided of this section resulting directly or indirectly from: a. Settling, cracking, bulging, shrinking or expansion of any paved surfaces, foundations (including any pedestal, pad, platform, or other property supporting machinery), walls, pavements, floors, ceilings, or roofs, except if damage is caused by a covered accident, or if damage to insured property is caused by earth movement or flood. b. Extremes or changes of temperature (except to machinery or equipment)or changes in relative humidity, regardless of whether or not atmospheric, except if damage to insured property is caused by earth movement or flood. c. Any increase of loss due to interference with rebuilding, repairing, or replacing a building, or with the resumption or continuation of business. d. Any increase of loss due to the suspension, lapse or cancellation of any lease, license, contract, or order. e. Loss or damage to insured property caused by or resulting from errors in design or testing of that insured property, except resultant physical loss or damage to other insured property insured by this section. f. Faulty workmanship, material or construction, or design from any cause, except resultant physical loss or damage to other insured property insured by this section and not excluded elsewhere. g. Physical damage to insured property caused by water or other liquid under the ground surface pressing on, or flowing or seeping through: (1) foundations, walls, floors, or paved surfaces; or (2) basements, whether paved or not; or (3) Doors, windows or other openings. . h. Cosmetic Damage to coverings and roof-mounted equipment. i. Physical damage to insured property caused by fire due to the intentional cessation of a building's fire suppression or sprinkler system, except when that cessation is authorized in writing by us. j. Loss from enforcement of any law or ordinance: (1) Regulating the construction, repair, replacement, use or removal, including debris removal, of any property; or (2) Requiring the demolition of any property, including the cost in removing its debris; or (3) except as granted by the property insurance provided for Debris Removal and Increased Cost of Construction additional coverage. Language Effective October 1,2024 37 ICRMP44A2025 3. With Regard to Property in Course of Construction, we do not cover losses under the Property Insurance Provided of this Section resulting directly or indirectly from: a. Penalties for non-completion of, or delay in, completion of contract or non-compliance with contract conditions, nor for loss of use of occupancy, however caused. 4. With Regard to specific types of property, we do not cover physical loss or physical damage to the following property: a. All animals and birds, except your service animals. For your service animals, our liability for such loss shall not exceed $30,000 per occurrence, for injury, sickness, or death. b. Land, water, standing timber or any other substance in or on land. c. Aircraft, spacecraft, or satellites. d. Retaining walls not constituting part of a building when loss is caused by ice or water pressure. e. Underground mines, mineshafts or caverns or any property within such mine, shaft or cavern or mining property located below the surface of the ground. f. Any property undergoing insulation breakdown tests. g. Currency, money, precious metal in bullion form, notes, or securities. h. Jewelry, furs, precious metals, or precious stones. i. Dams, including earthen dams, levies, canals, including canal tunnels, however characterized, reservoirs, ditches, or retaining ponds. j. All liners, or membranes, however characterized, with the intent and design to separate, retain or hold water, sewage, trash, dirt, debris, or any other material. k. Roadways, highways, streets, bridges, tunnels, guardrails, pavements, parking lots, curbs, culverts, sidewalks, pathways, pedestrian walkways, or other transportation conveyance infrastructure, however characterized. I. Underground pipes or underground wiring. m. Any mobile equipment, vehicle, watercraft, or other property while participating in any prearranged or organized racing, speed, or demolition contest or in any stunting activity, including practice or preparation for any such contest or activity. n. Overhead transmission and distribution lines located more than 1 mile from your structures listed on the schedule of values. o. Data or fiber optic transmission lines and conduit not contained within walls of insured property. p. Equipment used to produce power or gas primarily for distribution to third parties. q. Loss or damage from any repairing, restoration or retouching process related to fine arts. Language Effective October 1,2024 38 ICRMP44A2025 SECTION VI - CRIME INSURANCE A. Insuring Agreements Applicable to Crime Insurance The following insuring agreements are applicable to this section only and may amend insuring agreements located in Section I General Insuring Agreement of this policy. Also, the below listed insuring agreements are subject to Section II General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this Section. 1. Employee Dishonesty or Fraud. We agree to pay the named insured, or on its behalf, for loss of money, securities and other financial instruments or theft of your property by an employee sustained by the named insured resulting directly from one or more dishonest or fraudulent acts committed by an employee of the named insured, acting alone or in collusion with others. 2. Loss Inside the Premises. We agree to pay the named insured, or on its behalf, for loss of money and securities of the named insured by the actual destruction, disappearance or wrongful taking within the premises. 3. Loss Outside the Premises. We agree to pay the named insured, or on its behalf, for loss of money and securities of the named insured by the actual destruction, disappearance or wrongful taking thereof, outside the premises while being conveyed by a messenger or any armored motor vehicle company. 4. Notary Public. Insurance under this section shall be deemed to provide with the functional equivalent of the provisions of Idaho Code §51-121 for the terms and responsibilities of public officials or employees as notary public. B. Definitions Applicable to Crime Insuring Agreements The following definitions are applicable to this Section only. They may amend definitions located in Section II General Definitions of this policy. 1. "Dishonest or Fraudulent Acts" means acts committed by an employee of the named insured which a. Cause the named insured to sustain such loss; or b. Results in financial benefit to the employee, or another person or organization intended by the employee to receive such benefit, not otherwise entitled to. 2. "Employee" shall be as defined by the Idaho Tort Claims Act(Idaho Code, chapter 9, title 6). 3. "Social Engineering Financial Fraud" means the transfer of money or securities to an account outside your control pursuant to instructions made by a person purporting to be an authorized employee, outsourced provider or customer of yours, when such instructions prove to have been fraudulent and issued by a person who is not an authorized employee, outsourced provider, or customer of the yours. 4. "Social Engineering Financial Fraud Loss" means loss of money or securities in a social engineering financial fraud. 5. "Messenger" means any employee who is duly authorized by the named insured to have the care and custody of an insured property outside the premises. 6. "Premises" means the interior of that portion of any building which is occupied by the named insured in conducting its business. 7. "Wrongful Taking" means an unauthorized conversion or theft of money, securities, money orders, counterfeit currency, depositor's forgery, or other financial instruments, whether or not proven in a court of law. Language Effective October 1,2024 39 ICRMP44A2025 C. Specific Conditions Applicable to Crime Insuring Agreements The following conditions are applicable to this section only. They may amend conditions located in Section III General Conditions of this policy. 1. All Incidents - One Loss. All losses incidental to an actual or attempted fraudulent, dishonest, or criminal act, or series of related acts, whether committed by one or more persons, shall be deemed one loss. The applicable limits of insurance stated in the declarations pages are the total limit of our liability with respect to all losses arising out of any one occurrence. 2. Policy in Lieu of Public Officials Surety Bond. Insurance under this section shall be deemed to provide insurance compliant with the provisions of Idaho Code §59-804 for the terms and responsibilities of public officials or employees to the extent required by the Idaho Code bonding requirements for public officials. 3. Limits of Insurance for Multiple Policy Periods. Our total liability is limited to the total amount specified in the declarations pages of this policy for all losses caused by any employee or in which such employee is concerned or implicated. Regardless of the number of years this policy shall continue in force and the number of member contributions which shall be payable or paid, the limits of insurance specified in the declarations pages shall not be cumulative from year to year or period to period. The maximum total loss paid to any named insured shall not exceed the limits of insurance stated in the policy year during which a claim is made. 4. Loss Caused by Unidentified Employees. If a loss is alleged to have been caused by the fraud or dishonesty of any one or more employees, and the named insured shall be unable to designate the specific employee or employees causing such loss, the named insured shall nevertheless have the benefit of Insuring Agreement 1, provided that the evidence submitted reasonably proves that the loss was in fact due to the fraud or dishonesty of one or more employees of the named insured. 5. Notary Public. Our total liability is limited to the total amount specified in the declarations pages of this policy for claims in which the insured shall become obligated to pay by reason of liability for breach of duty while acting as a duly commissioned and sworn Notary Public, claim for which is made against the insured by reason of any negligent act, error or omission, committed or alleged to have been committed by the insured, arising out of the performance of notarial service for you or others in the insured's capacity as a duly commissioned and sworn notary public. This coverage applies to notarial actions outside of employment and coverage will not expire until the notary's commission certificate expires. 6. Ownership Interest. Money,securities,and other financial instruments may be covered by this policy whether owned by the named insured or held by the named insured in its care, custody, or control. 7. Recoveries. To the extent that a loss of the named insured exceeds the limits of insurance applicable to this section, the named insured shall be entitled to recoveries from third parties until the named insured is fully reimbursed. Any remaining recovery shall be paid to us. Audit fees incurred by us toward establishing your loss values will be deducted from the ultimate net loss. D. Exclusions Applicable to Crime Insuring Agreements The following exclusions are applicable to this section only. They may amend exclusions located in Section IV General Exclusions of this policy. 1. All Crime Insuring Agreements of this Section do not provide coverage for: a. Any claim or loss more specifically covered under any other section of this policy. b. Any claim for the potential income or increase including, but not limited to, interest and dividends, not realized by the named insured because of a loss covered under this section. c. Any claim for costs, fees or other expenses incurred by the named insured in establishing the existence or amount of loss, covered under this section. Language Effective October 1,2024 40 ICRMP44A2025 d. Any claim for the funds collected or retained for any state or Federal agency pursuant to requirements established by law or pursuant to a mutual agreement. e. Any loss claimed involving conduct that occurred more than two (2)years prior to the date of the claim. f. Any loss claimed involving social engineering financial fraud from asocial engineering financial fraud loss or event. 2. Crime Insuring Agreement 1 does not cover: a. Any loss, the proof of which, either as to its factual existence or as to its amount, is dependent upon an inventory computation or a profit and loss computation. b. Any claim of loss concerning any fiscal year wherein financial records of the political subdivision have not been timely audited by a certified public accountant in accordance with the requirements of Idaho Code §67-450B or§67-450C, as appropriate. 3. Crime Insuring Agreement 2 does not provide coverage for: a. Any claim or loss due to any fraudulent, dishonest, or criminal act by any employee, director, trustee, or authorized representative of the named insured, while working or otherwise, and whether acting alone or in collusion with others. b. Any claim or loss due to: (1) The giving or surrendering of money or securities in any exchange or purchase; (2) Accounting or arithmetical errors or omissions; (3) Manuscripts, books of account, or records; or (4) Presentation or acceptance of any check returned for insufficient funds. c. Any claim or loss of money contained in coin operated amusement devices or vending machines unless the amount of money deposited within the device or machine is recorded by a continuous recording instrument therein. 4. Crime Insuring Agreement 3 does not provide coverage for: a. Any claim or loss due to any fraudulent, dishonest, or criminal act by any employee, director, trustee, or authorized representative of the named insured, while working or otherwise, and whether acting alone or in collusion with others. b. Any claim or loss due to: (1) The giving or surrendering of money or securities in any exchange or purchase; (2) Accounting or arithmetical errors or omissions; or (3) Manuscripts, books of account or records. c. Any insured claim or loss of money, securities, and other financial instruments of the named insured while in the custody of any armored motor vehicle company, except as excess policy over amounts recovered or received by the named insured under: (1) The contract of the named insured with said armored motor vehicle company; (2) Insurance carried by said armored motor vehicle company for the benefit of users of its services; and Language Effective October 1,2024 41 ICRMP44A2025 (3) All other insurance and indemnity in force in whatsoever form carried by or for the benefit of users of said armored motor vehicle company's service. 5. Crime Insuring Agreement 4 does not provide coverage for: a. Coverage under this section does not apply to: (1) any dishonest, fraudulent, criminal, libelous, slanderous or malicious act or omission of any insured; (2) Willful or intentional disregard of the law; (3) Bodily injury to, or sickness, disease or death of any person, including but not limited to, emotional or mental distress and related conditions; (4) Injury to or destruction of any tangible property, including the loss of use thereof; (5) Fines or penalties imposed by law on any insured; (6) Punitive, treble, exemplary, or similarly categorized damages, including fines and penalties; or (7) Performance of notarial service for any business which an insured owns, is a partner of, manages or controls. Language Effective October 1,2024 42 ICRMP44A2025 SECTION VII - AUTOMOBILE LIABILITY INSURANCE A. Automobile Liability Insuring Agreements The following insuring agreements are applicable to this section only and may amend insuring agreements located in Section I General Insuring Agreement of this policy. Also, the below listed insuring agreements are subject to Section II General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this Section. 1. Automobile Liability. We agree to pay on your behalf those sums which an insured becomes legally obligated to pay as damages because of bodily injury or property damage caused by an occurrence during the policy period and arising out of the ownership, maintenance, use, loading or unloading of an insured vehicle. 2. Automobile Medical Payments. We agree to pay medical expenses incurred within the policy period and within ten (10) days of a vehicle accident as shall be necessary because of bodily injury caused by an occurrence in a vehicle owned or rented to an insured. Any such medical expenses must be reported within one hundred eighty (180)days of the occurrence. 3. Uninsured or Underinsured Motorists. a. We agree to pay damages for bodily injury which an insured is legally entitled to recover from the owner or operator of an uninsured automobile or underinsured automobile. The bodily injury must be caused by an occurrence resulting in bodily injury during the policy period and arise out of the ownership, maintenance or use of an uninsured automobile or underinsured automobile. We will pay damages under this Insuring Agreement only after the limits of indemnification under any applicable bodily injury liability policies or bonds have been exhausted in payments, settlements, or judgments and after all worker's compensation benefits an employee may be entitled to have been paid. b. The limits of indemnification shall be reduced by: (1) All sums paid because of bodily injury by or on behalf of persons or organizations who may be legally responsible for causing the bodily injury; and (2) All sums paid by worker's compensation benefits or similar disability law. B. Definitions Applicable to Automobile Liability Insurance Agreements The following definitions are applicable to this section only. They may amend definitions located in Section 11 General Definitions of this policy. 1. "Insured" means: a. With respect to Insuring Agreement 1, an insured or anyone else while in an insured vehicle with the permission of the insured. b. With respect to Insuring Agreement 2, anyone occupying an insured vehicle with the permission of the insured. c. With respect to Insuring Agreement 3, an insured or anyone else while occupying an insured vehicle with the permission of the insured. Language Effective October 1,2024 43 ICRMP44A2025 2. "Insured Vehicle" means a vehicle owned by the named insured or a non-owned vehicle while operated by an insured in the course and scope of their duties or such use that is otherwise authorized by the named insured. 3. "Medical Expenses" means expenses for necessary medical, surgical, x-ray and dental services, ambulance, hospital, professional nursing, and funeral services. 4. "Occupying"with regard to Insuring Agreement 2 and 3 of this section means an individual who, at the time of the accident, is in physical contact with an insured vehicle. 5. "Underinsured Automobile" means a vehicle for which the sum of liability limits of all applicable liability bonds or policies at the time of an accident is less than the limits of indemnification applicable to Insuring Agreement 3 of this section. 6. "Uninsured Automobile" means a vehicle: a. To which a bodily injury liability bond or policy does not apply at the time of the accident. b. For which an insuring or bonding company denies coverage or has become insolvent. c. Which is a hit-and-run vehicle and neither the driver nor the owner can be identified. The hit-and-run vehicle must come in contact with an insured vehicle. C. Specific Conditions Applicable to Automobile Liability Insurance Agreements The following conditions are applicable to this section only. They may amend conditions located in Section III General Conditions of this policy. 1. With respect to Insuring Agreements 1, 2 and 3, Auto Liability Insurance of this Section is subject to the following conditions: a. Vehicles Owned by Employees or Authorized Volunteers. A vehicle owned by an employee or authorized volunteer of the named insured is provided auto liability coverage by this section while the vehicle is being used by an employee or authorized volunteer on official business of the named insured. This policy shall be deemed secondary to the policy of the employee's or authorized volunteer's personal insurance, which is deemed to be primary insurance. The intent of this special condition shall not be interpreted to extend this policy to a vehicle owned by other public or private entities which are made available to the named insured or its employees. For these non-owned vehicles, the terms and conditions already contained in this policy shall apply. This specific condition does not apply to volunteers engaged in search and rescue activities as coverage is intended to be primary insurance for search and rescue volunteers only when actively participating in search and rescue mobilizations initiated by the county Sheriff. b. Non-Duplication of Benefits. There shall be no duplication of payments under this section for Insuring Agreements 1, 2 and 3, respectively, of this policy. Any amounts payable under these respective insuring agreements will be reduced by the amount of any advance payments. 2. With Respect to Insuring Agreement 2, Automobile Medical Payments Insurance of this section has the following conditions: a. Examinations/Medical Reports. The injured person may be required to take physical examinations by physicians we choose, as often as we reasonably require. We must be given authorization to obtain medical reports and other records pertinent to any such claim. b. Notice of Loss. As soon as possible, any person making a claim under this Insuring Agreement must give us written notice. It must include all details we may need to determine the amounts payable. 3. With Respect to Insuring Agreement 3, Uninsured/Underinsured Motorists Insurance of this section has the following conditions: a. Arbitration. If we and any person entitled to recover under Insuring Agreement 3 fail to agree on the amount of damages thereof, the amount shall be settled by arbitration. In that event, each party will select an Language Effective October 1,2024 44 ICRMP44A2025 arbitrator. The two arbitrators will then select a third arbitrator. If they cannot agree upon a third arbitrator within thirty (30) days, both parties can ask a district judge in the State of Idaho to select the third arbitrator. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. Written decisions of any two arbitrators will determine the issues and will be binding. The arbitration will take place pursuant to the Uniform Arbitration Act, Idaho Code Title 7, Chapter 9, unless both parties agree otherwise. Attorney's fees and fees paid to medical and other expert witnesses as part of the arbitration proceeding will not be considered arbitration expenses. These costs and expenses will be paid by the party incurring them. b. Hit-and-Run Accident. At our request, you shall make available for inspection any vehicle which any insured was occupying at the time of a hit-and-run accident. You must also notify a law enforcement agency within twenty-four (24) hours of any hit-and-run accident. You must also notify us of any such hit-and-run accident within seven (7) days of any such accident. Failure to provide such notice shall be deemed a material and prejudicial breach of this Insuring Agreement 3, and render any insurance provided null and void. c. Medical Examinations. The injured person may be required to take, at our expense, physical examinations by physicians we choose, as often as we reasonably require. d. Non-Binding Judgment. No judgment resulting from a suit brought without ourwritten consent, or which we are not a party to, is binding on us, either for determining the liability of the uninsured automobile or underinsured automobile or owner, or the amount of damages sustained. e. Prejudgment or Pre-Arbitration Award Interest. Prejudgment or pre-arbitration award interest shall not begin to accrue until the date that the proof of loss is received by us. f. Proof of Loss. A proof of loss must be served upon us as soon as practicable following any such accident causing the injury in order to determine the amounts payable. Failure to provide such notice shall be deemed a material and prejudicial breach of this Insuring Agreement, and renders any insurance provided null and void. Each proof of loss presented shall accurately describe the conduct and circumstances which brought about the injury, state the time and place the injury occurred, state the names of all persons involved, and shall contain the amount of damages claimed, together with any and all records that exist pertaining to said injury. Said records shall consist of 1) all police reports pertaining to the accident, and 2) complete medical and billing records from all institutions (hospitals, rehabilitation facilities, and nursing homes) and physician offices.A signed medical records release form must be provided with the proof of loss giving us authorization to obtain additional medical reports and other records pertinent to any such loss. g. Tentative Settlement.A person seeking Underinsured Motorists Coverage must promptly notify us in writing of a tentative settlement between the insured and the insurer of the underinsured automobile and allow us to advance payment to that insured in an amount equal to the tentative settlement within 30 days after receipt of notification to preserve our rights against the insurer, owner, or operator of such underinsured automobile. D. Exclusions Applicable to Automobile Liability Insurance Agreements The following exclusions are applicable to this section only. They may amend exclusions located in Section IV General Exclusions of this policy. 1. With respect to Insuring Agreements 1, 2 and 3, Auto Liability Insurance of this section does not apply to any claim: a. Or occurrence, accident, wrongful act, wrongful employment practice act, or sexual molestation or sexual abuse wrongful act or other covered loss more specifically covered under any other section of this policy. b. Of bodily injury sustained by any person, including an insured, engaged in the maintenance or repair of an insured vehicle. c. That directly or indirectly benefits any worker's compensation or disability benefits insurer or self-insurer. d. For bodily injury to anyone eligible to receive benefits which are either provided, or are required to be provided, under any worker's compensation, occupational disease, or similar disability law. Language Effective October 1,2024 45 ICRMP44A2025 e. Arising out of the operation of mobile equipment. f. For any vehicles owned or leased by a named insured when the vehicle is being rented or leased to a third party for compensation. g. To any person or organization, or to any agent or employee thereof, operating a vehicle sales agency, repair shop, service station, storage garage or public parking place, with respect to any accident arising out of the operation thereof. h. To any employee with respect to injury to, sickness, disease, or death of another employee of the same employer injured in the course and scope of such employment in an accident arising out of the maintenance or use of the insured vehicle in the business of such employer. i. With respect to any hired vehicle, to the owner or a lessee thereof, other than the named insured, nor to any agent or employee or such owner or lessee. j. To any bodily injury resulting from or arising out of the use of a vehicle owned by you and not insured by us. k. Any suit for which the only monetary damages sought are costs of suit and/or attorney's fees. I. For sexual molestation or sexual abuse wrongful acts. m. For damages for personal injury or property damage arising out of: (1) Physical contact by any unmanned aircraft system with any other aircraft, including airships, blimps or other gas or hot air-filled balloons, whether manned or unmanned; or (2) Knowingly not complying with Federal Aviation Administration (FAA) regulations, certifications, rules, procedures, policies, and standards with respect to any unmanned aircraft system including any amendment or addition to such regulations, certifications, rules, procedures, policies, and standards; or (3) Knowingly not complying with any other federal, state, or local laws and regulations with respect to any unmanned aircraft system, including any amendment or addition to such laws and regulations. 2. With Respect to Insuring Agreement 1, Auto Liability Insurance of this Section does not apply: a. To property damage to property rented to, used by or in the care, custody, or control of any insured. b. To bodily injury to: (1)An employee of any named insured arising out of or in the course and scope of employment or performing duties related to the conduct of the named insured's operations; (2)The spouse, child, parent, brother, or sister of that employee as a consequence of Paragraph (1) above. This exclusion applies whether the named insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. c. To any liability for indemnity or contribution brought by any party for bodily injury or property damage sustained by any insured. d. To bodily injury or property damage resulting from the handling of property before it is moved from the place where it is accepted by the insured for movement into or onto the insured vehicle or after it is moved from the insured vehicle to the place where it is finally delivered by the insured. e. To bodily injury or property damage resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the insured vehicle. Language Effective October 1,2024 46 ICRMP44A2025 f. To bodily injury or property damage arising out of your work after that work has been completed or abandoned. Your work will be deemed completed at the earliest of the following times: (1) When all of the work has been completed; (2) When all of the work to be done at the site has been completed; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than a contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair, or replacement, but which is otherwise complete, will be treated as completed. g. To bodily injury or property damage resulting from insured vehicles while used in any professional, organized or unorganized racing or demolition contest or stunting activity, or while practicing for such contest or activity or while that insured vehicle is being prepared for such a contest or activity. 3. With Respect to Insuring Agreement 2, Automobile Medical Payments of this Section does not apply: a. To any bodily injury arising out of or resulting from the operation of an insured vehicle while being used for hire or for a fee for such use. b. To prisoners, inmates, or any other category of persons being detained by an insured while being transported by you. c. For bodily injury to any employee, elected official or volunteer eligible to receive any worker's compensation, occupational disease, or similar disability law benefits. d. To bodily injury to anyone using an insured vehicle without a reasonable belief that the person is entitled to do so. e. To bodily injury sustained by an insured while occupying any vehicle while used in any professional racing or demolition contest or stunting activity, or while practicing for such contest or activity or while the insured vehicle is being prepared for such a contest or activity. 4. With Respect to Insuring Agreement 3, Uninsured/Underinsured Motorists Insurance of this Section does not apply: a. To any insured who enters into a settlement with a third party without our written consent. b. To any insured using a vehicle without a reasonable belief that the person is entitled to do so. Language Effective October 1,2024 47 ICRMP44A2025 SECTION VIII - GENERAL LIABILITY INSURANCE A. Insuring Agreement Applicable to General Liability Insurance The following insuring agreements are applicable to this section only and may amend insuring agreements located in Section I General Insuring Agreement of this policy. Also, the following insuring agreements are subject to Section II General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this Section. 1. General Liability. We agree to pay on your behalf those sums which an insured becomes legally obligated to pay as damages caused by an occurrence resulting in personal injury or property damage during the policy period. Included within this insuring agreement are the following: a. Garagekeeper's Liability. Provides coverage for claims resulting from the ownership and operation of storage garages and parking lots of the named insured as bailee with respect to a vehicle left in its custody and control and is sublimited to $500,000 per occurrence. b. Fire Suppression Liability. Provides coverage for claims resulting from fire suppression activities by authorized firefighting personnel. This coverage is sublimited to $500,000 per occurrence. This coverage grant does not apply to fire suppression activities on public land. c. Hostile Fire Liability. Provides coverage for claims resulting from heat, smoke or fumes resulting from a hostile fire and is sublimited to $500,000 per occurrence. d. Host Liquor Liability. Provides coverage for claims resulting from claims as a result of serving alcoholic beverages at your social event and is sublimited to $500,000 per occurrence. e. Sewer Back-up Claims. Provides coverage for claims resulting from sewer line and facilities back-up and related events, for which the named insured is responsible by virtue of its negligence. Notwithstanding the general exclusions stated elsewhere within this policy, this Insuring Agreement extends to mold and other fungus abatement and remediation demonstrated to be a direct result of a sewer back-up related occurrence for which you are responsible. This coverage is sublimited to $500,000 per occurrence. f. Incidental Medical Liability. Provides liability coverage for damages resulting from professional medical services rendered in the course and scope of delivering such services or during medically supervised training related thereto or which should have been rendered to any person or persons (other than employees of the named insured injured during the course and scope of their employment) only by any of the following persons acting on behalf of the named insured: (1) Employed or volunteer emergency medical technicians (EMTs), paramedics or first responders. (2) Employed or volunteer, nurse practitioners, registered nurses, licensed practical nurses, or nurses otherwise licensed and regulated under the statutes of the State of Idaho, while employed by you and while acting within the course and scope of their duties and responsibilities serving inmates of a jail operated by you. (3) Volunteer registered nurses, licensed practical nurses, or nurses otherwise licensed and regulated under the statutes of the State of Idaho,while volunteering for you and while acting within the course and scope of their duties and responsibilities, serving as an EMT, paramedic, first responder or ambulance personnel. (4) Any insured providing first aid. This coverage is sublimited to $500,000 per occurrence. Language Effective October 1,2024 48 ICRMP44A2025 B. Definitions Applicable to General Liability Insurinq Agreement The following definitions are applicable to this section only. They may amend definitions located in Section II General Definitions of this policy. 1. "Fire Suppression Activities"means the application of water or fire suppression chemicals in the attempt to suppress fires or dislocation of materials or destruction of property deemed necessary to suppress fires. 2. "Fire Suppression Chemicals"means chemicals prescribed for extinguishing or preventing fires. 3. "Hostile Fire"means one which becomes uncontrollable or breaks out from where it was intended to be within your insured property and started by you. 4. "Insured" means: a. The named insured,or b. Any current or former elected or appointed official serving as a volunteer or employee of the named insured, as well as any volunteer or employee of the named insured while acting within the course and scope of their duties as such. This does not include any appointed or elected official or employee who is serving the named insured as an independent contractor; or c. City or county prosecutors, or appointed city attorneys while serving as independent contractors, in the course and scope of their statutory roles. C. Exclusions Applicable to General Liability Insurinq Agreement The following exclusion are applicable to this section only. They may amend exclusions located in Section IV General Exclusions of this policy. 1. With Respect to Insuring Agreement 1, General Liability Insurance of this section does not apply to any claim for damages for personal injury or property damage resulting from: a. Any occurrence, accident, wrongful act, wrongful employment practice act, or sexual molestation or sexual abuse wrongful act or other covered loss more specifically covered under any other section of this policy. b. Fire suppression liability, government-imposed penalties, or fines, however characterized, assessed to pay the costs of suppressing a fire started by your fire suppression activities or for the improper discharge of fire suppression chemicals. c. The ownership, maintenance, use, loading or unloading, or entrustment to others of any vehicle. d. The performance of law enforcement services or jail operations services. e. Premises you sell, give away, or have abandoned; property loaned to you; and personal property in your care, custody, and control. This exclusion shall not apply to garagekeeper's liability, as provided in the insuring agreement of this section. f. Any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of your product,your work, or the impaired property if such product,work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy, or dangerous condition. g. Any suit for which the only monetary damages sought are costs of suit and/or attorney's fees. h. The administration of an employee benefit program. i. The failure to supply water, electrical power, fuel, internet, or any other utilities. Language Effective October 1,2024 49 ICRMP44A2025 j. Any sexual molestation or sexual abuse wrongful act. k. Physical contact by any unmanned aircraft system with any other aircraft, including airships, blimps or other gas or hot air-filled balloons, whether manned or unmanned; or I. Knowingly not complying with Federal Aviation Administration (FAA) regulations, certifications, rules, procedures, policies, and standards with respects to any unmanned aircraft system, including any amendment or addition to such regulations, certifications, rules, procedures, policies, and standards; or m. Knowingly not complying with any other federal, state, or local laws and regulations with respect to any unmanned aircraft system, including any amendment or addition to such laws and regulations. n. The transportation of mobile equipment by a vehicle owned or operated by or rented or loaned to any insured. o. The use of mobile equipment in,or while in practice for,or while being prepared for,any prearranged racing, speed, demolition, or stunting activity. p. Oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. q. Oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. r. Any criminal act committed by or at the direction of the insured. s. Any claim relating to wrongful employment practice acts of the employment of any person, including threatened, actual, or alleged discrimination or harassment. t. Any claim relating to the prescribing of any medication. 2. With Respect to Insuring Agreement 1, General Liability Insurance of this section does not apply to any claim for damages for property damage: a. To property you own, rent, or occupy. 3. With Respect to Insuring Agreement 1, General Liability Insurance of this section does not apply to any claim for damages from personal injury to: a. An employee of the named insured arising out of and in the course and scope of employment by the named insured or performing duties related to the conduct of the named insured's business; or b. The spouse, child, parent, brother, or sister of that employee as a consequence of Paragraph (a) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Language Effective October 1,2024 50 ICRMP44A2025 SECTION IX - LAW ENFORCEMENT LIABILITY INSURANCE A. Insuring Agreement Applicable to Law Enforcement Liability Insurance The following insuring agreements are applicable to this section only and may amend insuring agreements located in Section I General Insuring Agreement of this policy. Also, the following insuring agreements are subject to Section 11 General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this Section. 1. Law Enforcement Liability. We agree, subject to the conditions and exclusions of this Insuring Agreement, to pay on your behalf those sums which an insured becomes legally obligated to pay as damages caused by an occurrence resulting from law enforcement services or jail operations services or the administration of first aid and resulting in personal injury or property damage during the policy period. Included within this insuring agreement is: a. Incidental Medical Liability. Insuring Agreement 1 provides liability coverage for professional medical services rendered in the course and scope of delivering such services or during medically supervised training related thereto, or which should have been rendered to any person or persons (other than employees of the named insured injured during the course and scope of their employment)only by any of the following persons acting on behalf of the named insured by and is sublimited to $500,000 per occurrence: (1)Employed or volunteer emergency medical technicians (EMTs), paramedics or first responders. (2)Employed or volunteer, nurse practitioners, registered nurses, licensed practical nurses, or nurses otherwise licensed and regulated under the statutes of the State of Idaho, while employed by you and while acting within the course and scope of their duties and responsibilities serving inmates in the function of a jail operated by you. (3)Volunteer registered nurses, licensed practical nurses, or nurses otherwise licensed and regulated under the statutes of the State of Idaho, while volunteering for you and while acting within the course and scope of their duties and responsibilities serving an EMT, paramedic, first responder or ambulance personnel. B. Definitions Applicable to Law Enforcement Liability Insuring Agreement The following definition is applicable to this section only. It may amend definitions located in Section 11 General Definitions of this policy. 1. "Personal Injury" means bodily injury, wrongful eviction, malicious prosecution, invasion of rights of privacy, libel, slander or defamation of character, erroneous service of civil papers, assault and battery and disparagement of property, false arrest, false imprisonment, detention, unlawful discrimination and violation of civil rights caused by law enforcement services or jail operations services. C. Exclusions Applicable to Law Enforcement Liability Insuring Agreement The following exclusions are applicable to this section only. They may amend exclusions located in Section IV General Exclusions of this policy. 1. With Respect to Insuring Agreement 1, Law Enforcement Liability Insurance of this section does not apply to any claim for damages for personal injury or property damage resulting from: a. Any occurrence, accident, wrongful act, wrongful employment practice act, sexual molestation or sexual abuse wrongful act, or other covered loss more specifically covered under any other section of this policy. b. Property you own, rent, or occupy; premises you sell, give away or have abandoned; property loaned to you; and personal property in your care, custody, and control. c. Any suit for which the only monetary damages sought are costs of suit and/or attorney's fees. Language Effective October 1,2024 51 ICRMP44A2025 d. Wrongful employment acts of the employment of any person, including threatened, actual, or alleged discrimination or harassment. e. Any sexual molestation or sexual abuse wrongful act. f. Physical contact by any unmanned aircraft system with any other aircraft, including airships, blimps or other gas or hot air-filled balloons, whether manned or unmanned; or g. Knowingly not complying with Federal Aviation Administration (FAA) regulations, certifications, rules, procedures, policies, and standards with respects to any unmanned aircraft system including any amendment or addition to such regulations, certifications, rules, procedures, policies, and standards; or h. Knowingly not complying with any other federal, state, or local laws and regulations with respect to any unmanned aircraft system, including any amendment or addition to such laws and regulations. i. A criminal act committed by or at the direction of the insured. j. An employee of the named insured arising out of and in the course and scope of employment by the named insured or performing duties related to the conduct of the named insured's business; or (1)The spouse, child, parent, brother, or sister of that employee as a consequence of Paragraph (1)above. (2) This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. k. The willful violation of any federal, state, or local statute, ordinance, rule, or regulation committed by or with the knowledge or consent of any insured. I. Acts of fraud committed by or at the direction of the insured with affirmative dishonesty or actual intent to deceive or defraud. 2. With Respect to Insuring Agreement 1, Law Enforcement Liability Insurance of this section does not apply to any claim for damages for personal injury to: a. An employee of the named insured arising out of and in the course and scope of employment by the named insured or performing duties related to the conduct of the named insured's business; or b. The spouse, child, parent, brother, or sister of that employee as a consequence of Paragraph (a)above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Language Effective October 1,2024 52 ICRMP44A2025 SECTION X - ERRORS AND OMISSIONS INSURANCE CLAIMS MADE ONLY A. Errors and Omissions Insurin_g A_preements The following insuring agreements are applicable to this section only and may amend insuring agreements located in Section I General Insuring Agreement of this policy. Also, the following insuring agreements are subject to Section II General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this section. 1. Errors and Omissions Liability. We agree to pay on your behalf those sums which you become legally obligated to pay as damages because of a claim against an insured which is first made in writing to us by you during this policy period, or any extended reporting period we provide, resulting from a wrongful act. For this insuring agreement, two or more claims arising out of a single wrongful act shall be treated as a single claim. B. Definitions Applicable to Errors and Omissions Insuring Agreement The following definitions are applicable to this section only. They may amend a definition located in Section II General Definitions of this policy. 1. "Claim" means a demand received by you for money damages alleging a wrongful act of a tortious nature by any insured. No claim exists where the only monetary damages sought or demanded are costs of suit and/or attorney's fees. 2. "Insured" means: a. The named insured; or b. Any current or former elected or appointed official serving as a volunteer or employee of the named insured, as well as any volunteer or employee of the named insured while acting within the scope of their duties as such. This does not include any appointed or elected official or employee who is serving the named insured as an independent contractor; or c. City or county prosecutors, or appointed city attorneys while serving as independent contractors, in the course and scope of their statutory roles. C. Specific Conditions Applicable to Errors and Omissions Insurin_g A_qreement The following condition is applicable to this section only. It may amend conditions located in Section III General Conditions of this policy. 1. Retroactive Date. All wrongful acts must first take place on or after the applicable retroactive date shown in the declaration pages of this policy and on or before the termination of this policy period. D. Exclusions Applicable to Errors and Omissions Insuring Agreement The following exclusions are applicable to this section only. They may amend exclusions located in Section IV General Exclusions of this policy. 1. With Respect to Insuring Agreement 1 Errors and Omissions Liability of this section does not cover any claim resulting from: a. An occurrence, accident, wrongful act, wrongful employment practice act or sexual molestation or sexual abuse wrongful act or other covered loss more specifically covered under any other section of this policy. b. Any dishonest, fraudulent, or criminal acts committed by any insured or at the direction of any insured. Language Effective October 1,2024 53 ICRMP44A2025 c. Failure to supply water, electrical power, fuel, Internet, or any other utilities. d. Items for which you are entitled to indemnity and/or payment by reason of having given notice of any circumstances which might give rise to a claim under any policy or policies, the term of which has commenced prior to the inception date of this policy, or from a wrongful act which occurred prior to the applicable retroactive date set forth in the declarations pages of this policy. e. A continuing wrongful act which first commences prior to the applicable retroactive date set forth in the declarations pages of this policy. f. The performance of law enforcement services or jail operations services. g. Wrongful employment acts of the employment of any person, including threatened, actual, or alleged discrimination or harassment. h. Any personal injury or property damage. i. Physical contact by any unmanned aircraft system with any other aircraft, including airships, blimps or other gas or hot air-filled balloons, whether manned or unmanned. j. Knowingly not complying with Federal Aviation Administration (FAA) regulations, certifications, rules, procedures, policies, and standards with respects to any unmanned aircraft system including any amendment or addition to such regulations, certifications, rules, procedures, policies, and standards. k. Knowingly not complying with any other federal, state, or local laws and regulations with respect to any unmanned aircraft system, including any amendment or addition to such laws and regulations. I. Any sexual molestation or sexual abuse wrongful act. m. Any labor strike, civil disturbance, riot, or civil commotion. n. The insured's activities in a fiduciary capacity or in any similar capacity. o. Directly or indirectly arising out of debt financing, including but not limited to bonds, notes, debentures and guarantees of debt. p. Any failure or omission to effect or maintain insurance or bond of any kind. q. The rendering or failure to render professional services provided by any lawyer, architect, engineer or accountant to any person or entity other than the named insured. Language Effective October 1,2024 54 ICRMP44A2025 SECTION XI - EMPLOYEE BENEFIT PROGRAM LIABILITY INSURANCE CLAIMS MADE ONLY A. Employee Benefit Program Liability Insuring Agreement The following insuring agreements are applicable to this section only and may amend insuring agreements located in Section I General Insuring Agreement of this policy. Also, the following insuring agreements are subject to Section 11 General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this section. 1. Employee Benefit Program Liability. We agree to pay on your behalf those sums which you become legally obligated to pay as damages because of a claim against an insured which is first made in writing to us by you during this policy period, or any extended reporting period we provide, resulting from a wrongful act in the administration of your employee benefit program. For this insuring agreement, two or more claims arising out of a single wrongful act, in the administration of your employee benefit program, shall be treated as a single claim. B. Definitions Applicable to Employee Benefit Program Liability Insuring Agreement The following definitions are applicable to this section only. They may amend definitions located in Section 11 General Definitions of this policy. 1. "Administration" means: a. Providing information to employees, including their dependents and beneficiaries, with respect to eligibility for any employee benefit program; b. Handling of records in connection with the employee benefit program; or c. Effecting, continuing, or terminating any employee's participation in any employee benefit program. d. Administration does not mean your decision to not offer a particular benefit, plan, or program unless that particular benefit is required by law. e. However, administration does not include handling payroll deductions. 2. "Claim" means a demand received by you for money damages alleging a wrongful act of a tortious nature by any insured in the administration of your employee benefit program. No claim exists where the only monetary damages sought or demanded are costs of suit and/or attorney's fees. 3. "Insured" means: a. The named insured; or b. Any current or former elected or appointed official serving as a volunteer or employee of the named insured, as well as any volunteer or employee of the named insured while acting within the course and scope of their duties as such, who is or was authorized to administer your employee benefit program. This does not include any appointed or elected official or employee who is serving the named insured as an independent contractor; or c. City or county prosecutors, or appointed city attorneys while serving as independent contractors, in the course and scope of their statutory roles. Language Effective October 1,2024 55 ICRMP44A2025 C. Specific Conditions Applicable to Employee Benefit Program Liability Insuring Agreement The following condition is applicable to this section only. It may amend conditions located in Section III General Conditions of this policy. 1. Retroactive Date. All wrongful acts must first take place on or after the applicable retroactive date shown in the declaration pages of this policy and before the termination of this policy period. D. Exclusions Applicable to Employee Benefit Program Liability Insurin_g Agreement The following exclusions are applicable to this section only. They may amend exclusions located in Section IV General Exclusions of this policy. 1. With Respect to Insuring Agreement 1, Employee Benefit Liability Insurance of this section does not apply to any claim resulting from: a. An occurrence, accident, wrongful act, wrongful employment practice act, sexual molestation or sexual abuse wrongful act, or other covered loss more specifically covered under any other section of this policy. b. Items which you are entitled to indemnity and/or payment by reason of having given notice of any circumstances which might give rise to a claim under any policy or policies, the term of which has commenced prior to the inception date of this policy, or from a wrongful act which occurred prior to the applicable retroactive date set forth in the declarations pages of this policy. c. A continuing wrongful act which first commences prior to the applicable retroactive date set forth in the declarations pages of this policy. d. The performance of law enforcement services or jail operations services. e. Any sexual molestation or sexual abuse wrongful act. f. Personal injury or property damage. g. From damages arising out of any intentional, dishonest, fraudulent, criminal, or malicious act, error, or omissions, committed by or at the direction of any insured, including the willful or reckless violation of any statute. h. Wrongful employment acts of the employment of any person, including threatened, actual, or alleged discrimination or harassment. Language Effective October 1,2024 56 ICRMP44A2025 SECTION XII - EMPLOYMENT PRACTICES LIABILITY INSURANCE CLAIMS MADE ONLY A. Employment Practices Liability Insuring Agreement: The following insuring agreements are applicable to this section only and may amend insuring agreements located in Section I General Insuring Agreement of this policy. Also, the following insuring agreements are subject to Section 11 General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this section. 1. Employment Practices Liability. We agree to pay on your behalf those sums which you become legally obligated to pay as damages because of a claim against an insured by or on behalf of a volunteer, employee, former employee or applicant for employment which is first made in writing to us by you during this policy period or any extended reporting period we provide, resulting from a wrongful employment practice act. For this insuring agreement, two or more claims arising out of a single wrongful employment practice act shall be treated as a single claim. B. Definitions Applicable to Employment Practices Liability Insuring Agreement The following definition is applicable to this section only. It may amend a definition located in Section II General Definitions of this policy. 1. "Claim" means a demand received by you for money damages alleging a wrongful employment practice act of a tortious nature by any insured. No claim exists where the only monetary damages sought or demanded are costs of suit and/or attorney's fees. A claim shall include complaints filed with the Idaho Human Rights Commission (IHRC) and the Equal Employment Opportunity Commission (EEOC). A claim also includes employment contract claims premised upon implied employment contracts. 2. "Insured" means: a. The named insured; b. Any current or former elected or appointed official serving as a volunteer or employee of the named insured, as well as any volunteer or employee of the named insured while acting within the course and scope of their duties as such. This does not include any appointed or elected official or employee who is serving the named insured as an independent contractor; or c. City or county prosecutors, or appointed city attorneys while serving as independent contractors, in the course and scope of their statutory roles. C. Specific Conditions Applicable to Employment Practices Liability Insuring Agreement The following conditions are applicable to this section only. They may amend conditions located in Section III General Conditions of this policy. 1. Retroactive Date. All wrongful employment practice acts must first take place on or after the applicable retroactive date shown in the declaration pages of this policy and before the termination of this policy period. 2. Deductible. Any claim for damages brought forth under this coverage section by any employee directly or indirectly reporting to you relating to personnel-related actions or omissions shall have the deductible apply as set forth below. This deductible applies for any claim arising out of wrongful termination, constructive discharge, retaliation, breach of employment contract,violation of due process rights relating to employment and/or any other constitutional or statutory rights, unlawful discrimination, employment sexual harassment, employment harassment of any type, assault, battery, and/or any claim resulting from or related to any type of unlawful or unfair employment practice. This deductible applies whether the alleged damages arise from negligent, intentional or any other type of otherwise wrongful conduct. You will be responsible for the below referenced deductible of any settlement,judgment, or legal defense costs paid by us on your behalf with respect to any employment practices liability claims filed against you. However, this deductible will be waived if you consult with us before such employment action, including termination or Language Effective October 1,2024 57 ICRMP44A2025 suspension of employment, and followed all reasonable advice provided by us or an attorney assigned by us with respect to such employment action. The referenced deductible amount will be billed to you by us for any settlement, judgment or legal defense costs paid as the claim progresses. For each and every claim filed related to this coverage as detailed above, the deductible amount is as stated on the declaration page. D. Exclusions Applicable to Employment Practices Liability Insurin_p Agreement The following exclusions are applicable to this section only. They may amend exclusions located in Section IV General Exclusions of this policy. 1. With Respect to Insuring Agreement 1, Employment Practices Liability Insurance of this section does not cover any claim resulting from: a. Any occurrence, accident, wrongful act, or sexual molestation or sexual abuse wrongful act or other covered loss more specifically covered under any other section of this policy. b. Items for which you are entitled to indemnity and/or payment by reason of having given notice of any circumstances which might give rise to a claim under any policy or policies, the term of which has commenced prior to the inception date of this policy, or from a wrongful employment practice act which occurred prior to the applicable retroactive date set forth in the declarations pages of this policy. c. A continuing wrongful employment practice act which commences prior to the applicable retroactive date set forth in the declarations pages of this policy. d. The performance of law enforcement services or jail operations services. e. Any sexual molestation or sexual abuse wrongful act, however, this exclusion does not apply to a claim for damages arising out of employment sexual harassment. f. Bodily injury or property damage. g. Any dishonest, fraudulent, criminal, or malicious act, error, or omission, committed by or at the direction of any insured. h. Any cost associated with providing any reasonable accommodation required by, made as a result of or to conform with the requirements of the Americans with Disability Act, or any similar federal, state or local law or ordinance, any amendments thereto and any rules or regulations promulgated thereunder or common law. i. Any labor strike, civil disturbance, riot, or civil commotion. j. Any factor circumstance which has been the subject of any written notice given under any other insurance policy. k. Any fact or circumstance known prior to the inception date of the first policy issued by us, which any insured knew or could have reasonably foreseen would result in a claim. Language Effective October 1,2024 58 ICRMP44A2025 SECTION XIII -SEXUAL MOLESTATION OR SEXUAL ABUSE LIABILITY INSURANCE CLAIMS MADE ONLY A. Insuring Agreement Applicable to Sexual Molestation or Sexual Abuse Liability Insurance The following insuring agreements are applicable to this section only. Also, the following insuring agreements are subject to Section II General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this section. 1. Sexual Molestation or Sexual Abuse Liability. We agree to pay on your behalf those sums you become legally obligated to pay as damages because of a claim against an insured which is first made in writing to us by you during this policy period, or any extended reporting period we provide, arising out of a sexual molestation or sexual abuse wrongful act. a. All related sexual molestation or sexual abuse wrongful acts, will be deemed to be a single sexual molestation or sexual abuse wrongful act, which will be deemed to have occurred at the time the first related sexual molestation or sexual abuse wrongful act commenced whether committed by the same perpetrator or two or more perpetrators and without regard to the number of: (1) Related sexual molestation or sexual abuse wrongful acts taking place thereafter; (2) Victims of related sexual molestation or sexual abuse wrongful acts; (3) Locations where the related sexual molestation or sexual abuse wrongful acts took place; (4) ICRMP policy periods over which the related sexual molestation or sexual abuse wrongful acts took place; or (5) Breaches of any legal obligation arising out of any related sexual molestation or sexual abuse wrongful acts or suspected or threatened related sexual molestation or sexual abuse wrongful acts, or breaches of duty to any person who was the victim of a related sexual molestation or sexual abuse wrongful act. b. All claims arising out of a single sexual molestation or sexual abuse wrongful act shall be treated as a single claim. B. Definitions Applicable to Sexual Molestation or Sexual Abuse Liability Insuring Agreement The following definitions are applicable to this section only. They may amend definitions located in Section II General Definitions of this policy. 1. "Bodily Injury" means bodily injury, sickness, disease, shock, fright, mental injury or anguish, emotional distress or disability sustained by a natural person, including death resulting from any of these at any time resulting from sexual molestation or sexual abuse wrongful act. 2. "Claim"means a suit or demand made by or for the injured person for monetary damages because of alleged or actual bodily injury caused by sexual molestation or sexual abuse wrongful act. 3. "Insured" means: a. The named insured; b. Any current or former elected or appointed official serving as a volunteer or employee of the named insured, as well as any volunteer or employee of the named insured while acting within the course and scope of their duties as such. This does not include any appointed or elected official or employee who is serving the named insured as an independent contractor; or c. City or county prosecutors, or appointed city attorneys while serving as independent contractors, in the course and scope of their statutory roles. Language Effective October 1,2024 59 ICRMP44A2025 4. "Related Sexual Molestation or Sexual Abuse Wrongful Acts" means any sexual molestation or sexual abuse wrongful act that have as a common nexus with, or involve, a series of causally or logically related acts or omissions. C. Specific Conditions Applicable to Sexual Molestation or Sexual Abuse Liability Insuring Agreement The following condition is applicable to this Section only. It may amend conditions located in Section III General Conditions of this policy. 1. Retroactive Date. All sexual molestation or sexual abuse wrongful acts must first take place on or after the applicable retroactive date as shown in the declaration pages of this policy and before the termination of this policy period. D. Exclusions Applicable to Sexual Molestation or Sexual Abuse Liability Insuring Agreement The following exclusions are applicable to this section only. They may amend exclusions located in Section IV General Exclusions of this policy. 1. With Respect to Insuring Agreement 1 Sexual Molestation or Sexual Abuse Liability Insurance of this Section does not apply to any claim resulting from: a. Any occurrence, accident, wrongful act or wrongful employment practice act or other covered loss more specifically covered under any other section of this policy. b. Any claim relating to wrongful employment practice acts of the employment of any person, including threatened, actual, or alleged discrimination or harassment. c. Any claim or suit for which the only monetary damages sought are costs of suit and/or attorney's fees. d. Any sexual molestation or sexual abuse wrongful act which is the subject of any notice given under any policy or policies the term of which has or have expired prior to the inception date of this policy. e. Any sexual molestation or sexual abuse wrongful act that first takes place prior to the retroactive date of this policy. f. Any insured who is found by a court of law to have committed a criminal act involving any sexual molestation or sexual abuse wrongful act. However, we will pay covered damages the named insured becomes legally obligated to pay as a result of an employee's actions if such obligation is created pursuant to the Idaho Tort Claims Act, another state's similar law or federal law. g. Damages or defense costs arising out of any your failure to report any sexual molestation or sexual abuse wrongful act as required by any applicable federal, state, or local law, ordinance, or regulation. Language Effective October 1,2024 60 ICRMP44A2025 SECTION XIV-CHEMICAL SPRAYING ACTIVITIES LIABILITY INSURANCE CLAIMS MADE COVERAGE ONLY A. Insuring Agreement Applicable to Chemical Spraying Activities Liability Insurance The following insuring agreements are applicable to this section only and may amend insuring agreements located in Section I General Insuring Agreement of this policy. Also, the following insuring agreements are subject to Section 11 General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this section. 1. Chemical Spraying Activities Liability. We agree to pay on your behalf those sums which you become legally obligated to pay as damages because of a claim against an insured which is first made in writing to us by you during this policy period, or any extended reporting period we provide, resulting from any wrongful act involving chemical spraying activities. For this insuring agreement, two or more claims arising out of a single wrongful act shall be treated as a single claim. This insuring agreement only applies if the wrongful act first took place on or after the applicable retroactive date as stated in the declarations pages and before the termination of this policy. B. Definitions Applicable to Chemical Spraying Activities Liability Insuring Agreement The following definitions are applicable to this section only. They may amend definitions located in Section 11 General Definitions of this policy. 1. "Chemical Spraying Activities" means the intended dispersal of herbicides, defoliants, insecticides, pesticides, or other toxic materials approved by the federal government for the eradication of undesirable plant growth, insects or rodents and the mixing, loading, storage, transportation and disposal of such materials. 2. "Claim" means a demand received by you for money damages alleging a wrongful act of a tortious nature caused by an insured. 3. "Wrongful Act" means an act or omission which results in bodily injury or property damage.All wrongful acts that have as a common nexus with, or involve, a series of causally or logically related acts or omissions will be deemed to be a single wrongful act, which will be deemed to have occurred at the time the first such related wrongful act commenced, whether committed by the same person or two or more persons and without regard to the number of: (a) related wrongful acts taking place thereafter; (b) persons affected by related wrongful acts; (c) locations where the related wrongful acts took place; (d) ICRMP policy periods over which the related wrongful acts took place; or (e) Breaches of any legal obligation arising out of any related wrongful act,or suspected or threatened related wrongful act, or breaches of duty to any person affected by a related wrongful act. C. Specific Conditions to Chemical Spraying Activities Liability Insuring Agreement The following conditions are applicable to this section only. They may amend conditions located in Section III General Conditions of this policy. 1. Exception to Absolute Pollution Exclusion. The insurance afforded by this section constitutes an express exception to the Absolute Pollution Exclusion set forth in the General Exclusions section IV of this policy.As an exception to such exclusion, this coverage stands only to pay legally required damages for bodily injury or property damage not to exceed the limits of indemnification stated in the policy declarations, and not in any circumstances for natural resource damage claims made or penalties or fines imposed pursuant to state or federal law. 2. Retroactive Date. All claims must take place on or after the applicable retroactive date as shown in the declaration pages of this policy and before the expiration date of this policy period. Language Effective October 1,2024 61 ICRMP44A2025 D. Exclusions to Chemical Sprayin_g Liability Activities Insuring Agreement The following exclusion are applicable to this section only. They may amend exclusions located in Section IV General Exclusions of this policy. With Respect to Insuring Agreement 1 Chemical Spraying Liability Activities Insurance of this section does not apply to any claim resulting from: 1. Any occurrence, accident, wrongful act, wrongful employment practice act, sexual molestation or sexual abuse wrongful act, or other covered loss more specifically covered under any other section of this policy. 2. For which the only monetary damages sought are costs of suit and/or attorney's fees. 3. For which you are entitled to indemnity and/or payment by reason of having given notice of any circumstances which might give rise to a claim under any other policy or policies of insurance. 4. For any sexual molestation or sexual abuse wrongful act. Language Effective October 1,2024 62 ICRMP44A2025 SECTION XV -ENDORSEMENTS THESE ENDORSEMENTS MODIFY THE POLICY. PLEASE READ THEM CAREFULLY. Nothing herein contained in any of the listed endorsements shall be held to vary, alter, waive or extend any of the terms, conditions, or limitations of the policy to which these endorsements are attached other than as stated. All definitions listed in the General Definitions of this Policy apply when not amended within each Endorsement. Language Effective October 1,2024 63 ICRMP44A2025 #1 POLLUTANTS AMENDATORY ENDORSEMENT Section V- Property is amended by the followin_g: A. lnsurin_g Agreement to Pollutants Endorsement The following insuring agreement is applicable to this Endorsement only and may amend insuring agreements located in Section I General Insuring Agreement of this policy. Also, the following insuring agreement is subject to Section 11 General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this Endorsement. 1. Notwithstanding anything to the contrary contained in the policy to which this endorsement attaches, it is hereby understood and agreed that Section V, Property Insurance, is extended to cover"pollution cost or expense" related to an otherwise covered accident as covered by section V, Property. This endorsement is limited to $100,000 per occurrence and $500,000 in the aggregate for multiple occurrences per policy period. B. Definitions Applicable to Pollutants Endorsement The following definition is applicable to this Endorsement only. It may amend a definition located in Section II General Definitions of this policy or Section V Property definitions. 1. "Pollution Cost or Expense" means the reasonable and necessary cost you incur to clean up, remove and dispose, contain, treat, detoxify, neutralize or in any way respond to or assess the effects of pollutants related to any otherwise covered claim as defined in section V Property Insurance. This endorsement will apply whether this cost is incurred due to a request, order, or suit by any governmental agency or at the discretion of the named insured. C. Exclusions Applicable to Pollutants Endorsement The following exclusion is applicable to this Endorsement only. It may amend exclusions located in Section IV General Exclusions of this policy and Section V Property exclusions. 1. This endorsement does not extend to any claim related to asbestos remediation or removal or any claim related to any landfill, transfer station, trash or recycling collection facility or any other facility designed primarily for the collection or transfer of refuse or recycling content, or the vehicles and mobile equipment associated with any such described location. Nothing herein contained shall be held to vary, alter, waive or extend any of the Section I General Insuring Agreements, Section II General Definitions, Section III General Conditions, Section IV General Exclusions or any specific section insuring agreements, definitions, conditions, or exclusions to which this endorsement is attached other than as above stated. Language Effective October 1,2024 64 ICRMP44A2025 #2 SECURITY & PRIVACY LIABILITY ENDORSEMENT THIS ENDORSEMENT IS LIMITED TO LIABILITY FOR CLAIMS THAT ARE FIRST MADE AGAINST YOU AND REPORTED IN WRITING TO US DURING THE POLICY PERIOD. CLAIM EXPENSES ARE WITHIN AND REDUCE THE LIMIT OF INDEMNIFICATION. CLAIMS MADE COVERAGE Retroactive Date: October 1, 2024 The following insuring agreements are applicable to this Endorsement only.They may amend insuring agreements located in Section I General Insuring Agreement of the policy to which it is attached. Also,the below listed insuring agreements are subject to Section II General Definitions, Section III General Conditions and Section IV General Exclusions of the policy to which it is attached. The following insuring agreements may also amend Section VIII General Liability Insuring Agreements and Section V Property Insuring Agreements of the policy to which this Endorsement is attached. I. Coverage Agreements. The following coverages are limited as described herein. A. Security& Privacy Liability(including Employee Privacy). We shall pay on your behalf damages and claim expenses resulting from a claim first made against you and reported to us during the policy period arising out of a privacy wrongful act and/or security wrongful act by or on behalf of you. B. Privacy Regulatory Claims Coverage. We shall pay on your behalf regulatory fines. Consumer redress funds and claim expenses resulting from a regulatory claim first made against you and reported to us during the policy period arising out of a privacy wrongful act by or on behalf of you. C. Security Breach Response Coverage. We shall reimburse you for breach response costs that you incur in the event of a security breach with respect to private information that you first discover during the policy period. We will not make any payment under this coverage unless the security breach first occurs on or after the retroactive date and before the end of the policy period and you first learn of the security breach within the policy period and report the security breach to us as soon as practicable within the policy period. D. PCI-DSS Assessment. We shall pay on your behalf any PCI-DSS assessments resulting from a security breach that is reported to us during the policy period provided such security breach takes place on or after the retroactive date and before the end of the policy period by or on behalf of you. E. Business Income and Digital Asset Restoration. We shall pay the business income loss in excess of the deductible that you sustain during a period of restoration resulting directly from a network disruption that commences during the policy period, but only if the duration of such network disruption exceeds the twelve (12) hour waiting period and such network disruption results solely and directly from a system failure that commenced on or after the retroactive date. Also, we shall reimburse you for the restoration costs in in excess of the deductible that you incur because of the alteration, destruction, damage or loss of digital assets that commences during the policy period resulting directly from a system failure that commences on or after the retroactive date. F. Cyber Extortion. We shall reimburse you for the cyber extortion expenses and cyber extortion payments that you actually pay directly resulting from a cyber extortion threat received and reported to us during the policy period. Language Effective October 1,2024 65 ICRMP44A2025 G. Social Engineering Financial Fraud. We will pay or reimburse you for social engineering financial fraud losses from a social engineering financial fraud event received and reported to us during the policy period. II. Defense, Settlement, and Investigation of Claims. A. We shall have the right and duty to defend, subject to the applicable endorsement aggregate limit and applicable sublimits of liability as stated in the declarations page, exclusions and other terms and conditions of this endorsement, any claim against you seeking damages which are payable under the terms of this endorsement, even if any of the allegations of the claim are groundless, false, or fraudulent. B. We shall choose counsel to defend claims. You shall not formally appoint defense counsel. C. We shall have the right to make any investigation we deem necessary, including, without limitation, any investigation with respect to the application and statements made in the application and with respect to coverage. The applicable policy aggregate limit and sublimity of liability available to pay damages and losses shall be reduced and may be completely exhausted by payment of claim expenses. Damages, losses and claim expenses shall be applied against the applicable deductible you pay. D. We shall not be obligated to pay any damages, losses or claim expenses, or to undertake or continue defense of any claim, after the applicable policy aggregate limit or applicable sublimity of liability has been exhausted by payment of damages, losses and/or claim expenses. III. Deductible. For each claim, we will pay only such amounts as are in excess of the deductible amount shown on the declarations pages to the policy to which this endorsement is attached. IV. Limits of Indemnification. The limits of liability shown below establish the most we will pay regardless of the number of claims, number of persons affected, claims made, suits or regulatory proceedings brought or individuals or entities making claims or bringing suits or regulatory proceedings. A. In General The limits of indemnification shown on the declarations pages to the policy to which this endorsement is attached establish the most we will pay regardless of the number of claims made, brought or individuals or entities making claims. B. Program Aggregate Limit 1. All coverage is subject to a Program Annual Aggregate Limit of$10,000,000 for each policy period. The Program Annual Aggregate Limit is a shared limit among all ICRMP public entity members and is the most we will pay for all claims, including claim expenses, for all ICRMP public entity members covered under any policy period. Claim expenses erode the Program Annual Aggregate Limit. 2. If the Program Annual Aggregate Limit is exceeded, the amount recoverable by any named insured will be reduced pro rata in the same proportion that the loss of the named insured bears to the total amount of loss of all named insureds. 3. We may pay on a provisional basis until all liabilities and expenses for a particular policy period are resolved, as determined by us. If we determine that the Program Annual Aggregate Limit may be exceeded, we may delay claims payments until we determine that all liabilities and expenses for a policy period have been resolved. Language Effective October 1,2024 66 ICRMP44A2025 4. Once all liabilities and expenses for a policy period are resolved, we will give notice to all named insureds with claims of their pro rata share of covered losses. If a named insured received claims payments in excess of its pro rata share, the named insured will remit the excess amount to us within thirty (30) days of the date on which we give notice. If a named insured received claims payments that are less than its pro rata share, we will remit the deficiency to the named insured within thirty (30)days of the date on which we receive the last payment due from named insureds who received claims payments in excess of their pro rata shares. V. Notice to Us A. As a condition precedent to our obligations under this coverage, you must give written notice to us of any claim made against an insured as soon as practicable, but in no event later than the end of the policy period. B. As a condition precedent to our obligations under this coverage, you must give written notice to us of any claim as soon as practicable and provide all such information relating to the claim as we may reasonably request. C. If during the policy period, you become aware of a claim that may reasonably be expected to give rise to a claim, against an insured, you must give written notice to us of such claim as soon as practicable, but in no event later than the end of the policy period. Notice must include: 1. A specific description of the claim, including all relevant dates; 2. The names of persons involved in the claim, including names of potential claimants and a specific description of any information actually or reasonably suspected to have been subject to theft, loss or unauthorized access or disclosure; 3. The specific reasons for anticipating that a claim may result from such event; 4. The specific nature of the alleged or potential damages arising from such event; and 5. The specific circumstances by which an insured first became aware of the event. VI. Exclusions This endorsement does not apply to any damages, claim expenses or loss incurred with respect to any claim, or any breach response costs, PCI DSS assessments or other amounts, arising out of or resulting, directly or indirectly, from bodily injury or property damage: A. Your employment practices or any alleged or actual discrimination against any person or entity on any basis, including without limitation, race, creed, color, religion, ethnic background, national origin, age, handicap, disability, sex, sexual orientation, or pregnancy. However, this exclusion shall not apply to any claim alleging a privacy wrongful act or security wrongful act in connection with an employee's or prospective employee's employment; B. The failure, malfunction or inadequacy of any satellite; any electrical or mechanical failure and/or interruption, including but not limited to electrical disturbance, spike, brownout or blackout; or any outage to gas, water, telephone, cable, telecommunications or other infrastructure, unless such infrastructure is under your operational control; however this exclusion shall not apply to any privacy wrongful act that is caused by such electrical or mechanical failure or that is caused by such failure of telephone lines, data transmission lines or other infrastructure comprising or supporting the internet; Language Effective October 1,2024 67 ICRMP44A2025 C. Fire, smoke, explosion, lightning, wind, water, flood, earthquake, volcanic eruption, tidal wave, landslide, hail, or any other physical event, however caused; D. Breach of any express, implied, actual or constructive contract, agreement, warranty, guarantee or promise, provided, however, this exclusion shall not apply to: 1. any liability or obligation you would have in the absence of such contract or agreement; 2. any breach of your privacy statement, or other customer or employee-facing representation regarding protection or use of private information; 3. any indemnity by you in a written contract or agreement with your client regarding any privacy wrongful act or security wrongful act by you in failing to preserve the confidentiality or private information; or 4. solely with respect to Coverage D, any indemnity by you in a written contract with an acquiring bank regarding a PCI DSS Assessment; E. Any of the following: 1. any presence of pollutants or contamination of any kind; 2. any actual, alleged or threatened discharge, dispersal, release, or escape of pollutants or contamination of any kind; 3. any direction or request to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize pollutants or in any way respond to or assess the effects of pollutants or contamination of any kind; 4. manufacturing, mining, use, sale, installation, removal, distribution of or exposure to asbestos, materials, or products containing asbestos, asbestos fibers or dust; 5. ionizing radiation or contamination by radioactivity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel; 6. actual, potential or alleged presence of mold, mildew or fungi of any kind; 7. the radioactive, toxic, or explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; or 8. the existence, emission or discharge of any electromagnetic field, electromagnetic radiation or electromagnetism that actually or allegedly affects the health, safety or condition of any person or the environment or that affects the value, marketability, condition or use of any property; F. Any of the following: 1. purchase, sale, offer of or solicitation of an offer to purchase or sell securities, or alleged or actual violation of any securities law, including but not limited to the provisions of the Securities Act of 1933, or the Securities Exchange Act of 1934, as amended, the Sarbanes-Oxley Act of 2002, or any regulation promulgated under the foregoing statutes, or any federal, state, local or foreign laws similar to the foregoing statutes (including "Blue Sky" laws), whether such law is statutory, regulatory or Language Effective October 1,2024 68 ICRMP44A2025 common law; 2. alleged or actual violation of the Organized Crime Control Act of 1970 (commonly known as "Racketeer Influenced and Corrupt Organizations Act" or"RICO"), as amended, or any regulation promulgated thereunder, or any federal, state, local or foreign law similar to the foregoing statute, whether such law is statutory, regulatory or common law; 3. alleged or actual violation of the responsibilities, obligations or duties imposed upon fiduciaries by the Employee Retirement Income Security Act of 1974, as amended; or 4. alleged or actual anti-trust violations, restraint of trade or unfair competition, including without limitation, violations of the Sherman Act, the Clayton Act or the Robinson-Patman Act, or any other federal, state, local, or foreign laws regulating the same or similar conduct; provided, however, this exclusion GA shall not apply to a claim for a regulatory claim; However, this exclusion G does not apply to any otherwise covered claim under Insuring Agreements A and C that results from a security breach, provided that no insured participated, or is alleged to have participated or colluded, in such security breach. G. Any act of terrorism; strike or similar labor action, war, invasion, act of foreign enemy, hostilities or warlike operations (whether declared or not), civil war, mutiny, civil commotion assuming the proportions of or amounting to a popular uprising, military uprising, insurrection, rebellion, revolution, military or usurped power, or any action taken to hinder or defend against these actions; including all amounts, damages, or claim expenses of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing, or in any way relating to the above; however, if we allege that by reason of this exclusion any damages or claim expenses are not covered by this endorsement, the burden of proving the contrary shall be upon you. However, this exclusion does not apply to acts perpetrated electronically. H. Any of the following: 1. any circumstance occurring, or act, error, or omission committed, prior to the inception date, if on or before the inception date of this endorsement, the insured knew or could have reasonably foreseen that such circumstance or wrongful act would be the basis of a claim; 2. any claim or circumstance previously notified to a prior insurer that could reasonably be expected to be a claim or loss covered by this endorsement; or 3. any circumstance occurring, or act, error, or omission committed prior to the retroactive date; I. Any criminal, dishonest, intentional violation of the law, unfair or deceptive business practice, fraudulent or malicious act, error or omission committed by you with actual criminal, dishonest, fraudulent or malicious purpose or intent; provided, however, this exclusion shall not apply to: 1. claim expenses incurred in defending any such claim until there is a final adjudication,judgment, binding arbitration decision or conviction against claim in such claim or an admission by claim establishing such conduct, or a plea of nolo contendere or no contest by claim regarding such conduct, in which event you shall reimburse us for all claim expenses that we have paid, and we shall have no Language Effective October 1,2024 69 ICRMP44A2025 further liability for claim expenses from such claim; and 2. any of you who did not personally commit or personally participate in committing or personally acquiesce in such conduct, except that the exclusion shall apply with respect to you if an admission, final adjudication, or finding in a proceeding separate or collateral to the claim establishes that a current principal, partner, director, or officer of you in fact engaged in such conduct; J. Any claim made by or on behalf of: 1. any person or entity within the definition of you against any other person or entity within the definition of you provided this exclusion shall not apply to an otherwise covered claim: a. made by a current or former employee; b. made by an additional insured 2. Any entity which: a. is operated, managed, or controlled by you or in which you have an ownership interest in excess of 15% or in which you are an officer or director; or b. operates, controls, or manages you, or has an ownership interest of more than 15% in you; K. Your activities as a trustee, partner, officer, director, or employee of any employee trust, charitable organization, corporation, company or business other than you; L. Any alleged or actual infringement or violation of patent rights or misappropriation, theft, copying, display or publication of any trade secret by, or with active cooperation, participation, or assistance of, you, any of your former employees, subsidiaries, directors, officers, partners, trustees, or any of your successors or assignees; provided, however, this exclusion shall not apply to misappropriation of any trade secret obtained as a result of a privacy wrongful act or a security wrongful act; M. Any of the following: 1. trading losses or trading liabilities; 2. the monetary value of any electronic fund transfers or transactions by or on behalf of you which is lost, diminished, or damaged during transfer from, into or between accounts; 3. the face value of coupons, price discounts, prizes, awards, or any other valuable consideration given in excess of the total contracted or expected amount; 4. the theft of any money, securities, or any equivalents thereof(including e-certificates, coupons, gift cards and vouchers); or 5. the monetary value of any transfer of funds, securities, or any equivalents thereof (including e-certificates, coupons, gift cards and vouchers) made as a result of a fraudulent instruction (including phishing or any other social engineering techniques). However, this exclusion N does not apply to any otherwise covered claim under Insuring Language Effective October 1,2024 70 ICRMP44A2025 Agreements A, B and C that results from a security breach, provided that no insured participated, or is alleged to have participated or colluded, in such security breach; but in no event shall there be coverage for: (i) any direct financial loss sustained by you; (ii) held client funds for which you are legally liable; or (iii) any electronic fund transfer by a third party acting on your behalf arising out of 1-5 above, no matter how claimed or alleged. N. The actual or alleged inaccurate, inadequate or incomplete description of the price of goods, products or services; or as a result of your cost guarantees, cost representations, contract price, estimates of probable costs or cost estimates being exceeded; O. Any costs or expenses incurred or to be incurred by you or others for the withdrawal, recall, inspection, repair, replacement, reproduction, removal or disposal of work product resulting from or incorporating the results of technology/professional services or any product or other property on which technology/professional services were performed; however, this exclusion shall not apply to a third party claim for the resulting loss of use of the work product resulting from such technology/professional services; P. Any actual or alleged obligation to make licensing fees or royalty payments, including but not limited to the timeliness of such payments; Q. With respect to Insuring Coverage E only this endorsement does not apply to any loss arising out of, or resulting, directly or indirectly, from: 1. any costs of updating, upgrading or remediation of your computer systems or your digital assets; provided, however, this exclusion shall not apply to restoration cost otherwise covered under Coverage E; 2. any seizure, confiscation, nationalization, or destruction of, or damage to or loss of use of any digital asset or your computer systems by order of any governmental authority; 3. ordinary wear and tear or gradual deterioration of digital assets or computer systems on which digital assets are processed or stored, whether owned by you or others; 4. the physical loss of, damage to or destruction of tangible property, including the loss of use thereof; provided, however, "tangible property" does not include digital assets. VII. Definitions A. "Act of Terrorism"" means 1. any act certified an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002 or otherwise declared an act of terrorism by any government; 2. any act committed by any person or group of persons designated by any government as a terrorist or terrorist group or any act committed by any person or group of persons acting on behalf of or in connection with any organization designated by any government as a terrorist organization; or 3. the use of force or violence and/or the threat thereof by any person or group of persons, whether acting alone or on behalf of or in connection with any organization or government, committed for political, religious, ideological, or similar purposes, including the intention to Language Effective October 1,2024 71 ICRMP44A2025 influence any government and/or put the public, or any section of the public, in fear. B. "Acquiring Bank" means a bank or financial institution that accepts credit and or debit card payments (including credit cards, debit cards, stored value cards and pre-paid cards)for products or services on behalf of a merchant, including processing and crediting those payments to a merchant's account. C. "Application" means all applications, including any attachments thereto, and all other information and materials submitted by you or on your behalf to Us in connection with the underwriting of this endorsement. All such applications, attachments, information and materials are deemed attached to and incorporated into this endorsement. D. "Bodily Injury" means injury to the body, sickness, or disease sustained by any person, and where resulting from such injuries, mental anguish, mental injury, shock, humiliation, emotional distress, loss of consortium, or death. E. "Breach Response Costs" means the following fees, costs, charges or expenses, if reasonable and necessary, that you incur in responding to a security breach during the period of twelve (12) months after you first learn of such security breach: 1. forensic professional fees and expenses to determine the cause and extent of such security breach and terminate the security breach (however, betterment of the computer system is not covered); 2. legal fees and expenses to determine whether you are obligated under applicable privacy regulations to notify applicable regulatory agencies or individuals affected or reasonably believed to be affected by such security breach, effect compliance with any applicable privacy regulations, draft the text of privacy notifications to individuals affected or reasonably believed to be affected by such security breach, evaluate contractual obligations relating to such a security breach and coordinate the investigation of such security breach; 3. costs to notify individuals affected or reasonably believed to be affected by such security breach, including printing costs, publishing costs, postage expenses, call center costs or costs of notification via phone or e-mail; 4. credit monitoring expenses; or 5. any other reasonable and necessary fees and expenses you incur with our prior written consent to avert or mitigate any public relations damage to any of you. Breach response costs do not include your overhead expenses or any salaries, wages, fees, or benefits of your employees. F. "Business Income Loss" means 1. Earnings loss; and/or 2. Expenses Loss. Business income loss does not include: 1. any contractual penalties; 2. any costs or expenses incurred to update, upgrade, replace, restore or otherwise improve any computer system to a level beyond that which existed prior to a system failure; Language Effective October 1,2024 72 ICRMP44A2025 3. any costs or expenses incurred to identify, remove or remediate computer program errors or vulnerabilities, or costs to update, upgrade, replace, restore, maintain or otherwise improve any computer system; 4. any legal costs or expenses or loss arising out liability to any third party; 5. any loss incurred as a result of unfavorable business conditions; or 6. any other consequential loss or damage. G. "Claim" means 1. a written demand received by you for money or services, including the service of a civil suit or institution of arbitration proceedings; 2. initiation of a civil suit against you seeking injunctive relief(meaning a temporary restraining order or a preliminary or permanent injunction); or 3. solely with respect to Coverage B, a regulatory claim made against you; Multiple claims arising from the same or a series of related or repeated acts, errors, or omissions or from any continuing acts, errors, or omissions shall be considered a single claim for the purposes of this Policy, irrespective of the number of claimants or you involved in the claim. All such claims shall be deemed to have been made at the time of the first such claim was made or deemed made. H. "Claim Expenses" means: 1. Reasonable and necessary fees charged in the defense or settlement of claim by an attorney; 2. All other legal costs and expenses resulting from the investigation, adjustment, defense and appeal of a claim, if incurred by us; however, claim expenses do not include your overhead expenses or any salaries, wages, fees, or benefits of your employees for any time spent in cooperating in the defense or investigation of any claim or circumstance that might lead to a claim; and 3. reasonable and necessary fees charged in the defense or settlement of a PCI DSS assessment by an attorney whom we designate. I. "Computer System" means electronic, wireless, web or similar systems (including all hardware and software) used to process data or information in an analog, digital, electronic or wireless format, including computer programs, electronic data, operating systems, and components thereof, including but not limited to laptops, personal digital assistants, cellular phones, media storage and peripheral devices, media libraries, associated input and output devices, networking equipment, and electronic backup equipment. With respect to Insuring Coverage E only computer system means a computer system, over which you have direct operational control or that is under the direct operational control of a service provider, used to process, maintain or store your digital assets. J. "Consumer Redress Funds" means any sums of money you are legally required to deposit in a fund for the payment of consumer claims due to a settlement of, or an adverse judgment in, a regulatory claim. K. "Credit Monitoring Expenses" means the reasonable and necessary expense of providing free credit report, identity theft protection services, credit monitoring services, ID theft restoration Language Effective October 1,2024 73 ICRMP44A2025 mitigation and restoration services, credit freezes, fraud alerts or call center services for customers affected or reasonably believed to be affected by a security breach; provided, however, we shall not be obligated to reimburse you for more than two (2)years of credit monitoring services or identity theft protection services for customers who are at least eighteen (18)years old unless there is a rule, regulation, court ruling, requirement by a regulator or statutory requirement or advice from breach response counsel from the breach response team we provide requiring otherwise. L. "Cyber Extortion Expenses" means the reasonable and necessary expenses you incur with our approval in evaluating and responding to a cyber extortion threat. However, cyber extortion expenses do not include your overhead expenses or any salaries, wages, fees, or benefits of your employees. M. "Cyber Extortion Threat" means a credible threat or connected series of threats, including the threat being executed on, made by someone other than a director, trustee or partner of you: 1. To introduce or activate a malicious code into your computer system; 2. to interrupt your computer system or interrupt access to your computer system, such as through a denial of service attack; 3. to corrupt, damage or destroy your computer system; or 4. to disseminate, divulge, or improperly utilize any private information on your computer systems taken as a result of a system failure. For the avoidance of doubt, cyber extortion threat includes any demand for a cyber extortion payment after any of 1 —4 above have been initiated. N. "Cyber Extortion Payment" means the reasonable and necessary expenses you incur with our approval in evaluating and responding to a cyber extortion threat. However, cyber extortion expenses do not include your overhead expenses or any salaries, wages, fees, or benefits of your employees. O. "Damages" means: 1. Solely with respect to Coverages A, a monetary judgment, award or settlement, including but not limited to: i. pre-judgment interest; ii. post-judgment interest that accrues after entry of the judgment or award and before we have paid, offered to pay or deposited in court that part of the judgment or award within the applicable limit of liability; and iii. subject to this Policy's terms, conditions, and exclusions, punitive or exemplary damages (where insurable by the applicable law that most favors coverage for such damages); 2. Solely with respect to Coverage B, regulatory fines and consumer redress funds; and Damages shall not include or mean: 1. your future profits, restitution, or disgorgement of profits; or your cost to comply with any order granting injunctive or non-monetary relief, including specific Language Effective October 1,2024 74 ICRMP44A2025 performance, or any agreement to provide such relief; 2. your return or offset of fees, charges, royalties, or commissions for goods or services already provided or contracted to be provided; 3. fines or penalties of any nature, except regulatory fines and consumer redress funds as identified above; 4. any amount you are not financially or legally obligated to pay; 5. multiple damages; 6. any donations or contributions to any charitable organization or any discounts, coupons, prizes, awards or other incentives offered to your customers or clients; 7. liquidated damages to the extent that such damages exceed the amount for which you would otherwise have been liable in the absence of such liquidated damages agreement; 8. PCI DSS Assessments; or 9. matters that may be deemed uninsurable under the law pursuant to which this endorsement may be construed. P. "Denial of Service Attack" means inability of a third party to gain access to your computer systems through the internet due to unauthorized attacks or deliberate overloading of bandwidth connections and/or web servers by means of the sending of substantial quantities of repeat or irrelevant communication or data with the intent of blocking access to the computer system by third parties. Q. "Digital Assets" means any electronic data, including private information, or computer software over which you have direct control or for which such control has been contractually assigned by you to a service provider. Digital assets do not include computer hardware of any kind. R. "Earnings Loss" means the difference between the revenue that your organization would have earned, based on reasonable projections and the variable costs that would have been incurred, but which your organization would have saved as a result of not earning that revenue. S. "Employee" means any natural person whose services or labor is, was or will be engaged and directed by you, including but not limited to any: 1. principal, assistant principal, chancellor, provost, dean, personnel director, risk manager, university counsel, administrator, chaplain, guidance counselor, faculty member, student teacher, teaching assistant, faculty aid, or any other full-time, parttime, seasonal, leased or temporary employee or volunteer; 2. student of your organization while serving in a supervised internship program in satisfaction of course requirements; or 3. any agent or independent contractor, including any distributor, licensee or sublicensee, but only while acting on your behalf, at your direction, and under your control. T. "Intranet" means a private computer network inside a company or organization that uses the same kinds of software found on the internet, but only for internal use. Language Effective October 1,2024 75 ICRMP44A2025 U. "Internet" means the worldwide public network of computer networks which enables the transmission of electronic data between different users, commonly referred to as the internet, including a private communications network existing within a shared or public network platform. V. "Loss(es)" means: 1. business income loss; 2. restoration costs; and 3. cyber extortion payments and cyber extortion expenses. All losses arising from the same or related underlying facts, circumstances, situations, transactions or events or related system failure shall be deemed a single loss. W. "Malicious Code" means any unauthorized and corrupting or harmful computer code, including but not limited to computer viruses, spyware, Trojan horses, worms, logic bombs, and mutations of any of the proceeding. X. "Network Disruption" means any of the following events: 1. a detectable failure, interruption or degradation of the operation of your computer system; or 2. the denial, restriction, or hindrance of access to or use of your computer system or your digital assets by any party who is otherwise authorized to have access. More than one such event that results from the same or related underlying facts, circumstances, situations, transactions or system failure shall be considered a single network disruption which commences on the date of the earliest of such events. Y. "PCI-DSS Assessment(s)" means a written demand received by you from your acquiring bank or a card association (MasterCard, Visa, Discover, American Express or JCB)for monetary fines, penalties, reimbursements, PFI fees/expenses, fraud recoveries or assessments due to your non-compliance with PCI data security standards following a security breach. This does not include any charge backs, interchange fees, discount fees or prospective services fees. Z. "PCI Data Security Standards" (known as PCI DSS means the published data security standard in effect now or as hereafter amended that all merchants and processors must follow when storing, processing and transmitting cardholder data. AA."Period of Restoration" means one hundred and eighty (180) consecutive days from the commencement of a network disruption. BB."Policy Period" means the period of time from the effective date to the expiration date specified in the declarations page, or any earlier cancellation date. CC."Privacy Breach" means a common law breach of confidence, infringement, or violation of any rights to privacy, including but not limited to breach of your privacy statement, breach of a person's right of publicity, false light, intrusion upon a person's seclusion, public disclosure of private information, wrongful collection of private information or misappropriation of a person's picture or name for commercial gain. DD."Privacy Regulations" means any federal, state, local or foreign statute or regulation requiring you to limit or control the collection, use of, or access to, private information in your possession or under your control, or obligating you to inform individuals of the unauthorized access to or Language Effective October 1,2024 76 ICRMP44A2025 disclosure of such private information, including but not limited to the following statutes and regulations: 1. the Health Insurance Portability and Accountability Act of 1996 (Public Law 104 -191), including Title II requiring protection of confidentiality and security of electronic protected health information, and as amended by the Health Information Technology for Economic and Clinical Health Act(HITECH), any rules and regulations promulgated thereunder as they currently exist and as amended, and any related state medical privacy laws as they currently exist and as amended; 2. the Gramm-Leach-Bliley Act of 1999, also known as the Financial Services Modernization Act of 1999, including sections concerning security protection and standards for customer records maintained by financial services companies, and the rules and regulations promulgated thereunder as they currently exist and as amended; 3. section 5(a) of the Federal Trade Commission Act, 15 U.S.C. 45(a), but solely with respect to alleged unfair or deceptive acts or practices in or affecting commerce; 4. federal, state or local privacy protection regulations or laws, such as the California Database Protection Act of 2003 (previously called SB 1386), the Telephone Consumer Protection Act of 1991, the CAN-SPAM Act of 2003, as they currently exist now or may be amended, associated with the control and use of, or limiting unauthorized access to, personal information, including but not limited to requirements to post privacy policies, adopt specific privacy controls, or inform customers of breaches of security that has or may impact their personal information 5. federal, state or local data breach regulations or laws, as they currently exist now or in the future, imposing liability for failure to take reasonable care to guard against unauthorized access to credit or debit account information that is in your possession or under your control; 6. identity Theft Red Flags under the Fair and Accurate Credit Transactions Act of 2003; 7. federal and state consumer credit reporting laws, such as the Federal Fair Credit Reporting Act (FCRA) and the California Consumer Credit Reporting Agencies Act (CCCRAA); 8. the Children's Online Privacy Protection Act of 1998; or 9. Privacy protection regulations or laws adopted by countries outside of the United States, such as the EU General Data Protection Regulation, the Canadian Personal Information Protection and Electronic Documents Act and the Australian Privacy Act, as they currently exist now or may be amended, associated with the collection, control and use of, or limiting unauthorized access to, personal information. EE. "Privacy Wrongful Act" means any privacy breach or breach of privacy regulations committed by you or by any person or entity for which you are legally responsible, including an independent contractor or outsourcing organization. FF. "Private Information" means any: 1. proprietary or confidential information owned by a third party or you; or 2. information that can be used to determine, distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual Language Effective October 1,2024 77 ICRMP44A2025 GG. "Property Damage" means physical injury to or destruction of any tangible property, including the loss thereof. Data is not considered tangible property. HH."Regulatory Claim" means: 1. any request for information, civil investigative demand or formal investigation of you by an administrative or regulatory agency or similar governmental body concerning a privacy breach or possible breach of privacy regulations; or 2. any administrative adjudicative proceeding against you by an administrative or regulatory agency or similar governmental body for a breach of privacy regulations. A regulatory claim shall not include a PCI DSS assessment. II. "Regulatory Fines" means fines, penalties, or sanctions awarded for a violation of any privacy regulation. However, regulatory fines do not include a PCI DSS assessment. JJ. "Restoration Costs" means the actual, reasonable and necessary costs you incur to replace, restore, or re-create your digital assets to the level or condition at which they existed prior to sustaining any loss. If such digital assets cannot be replaced, restored or recreated, then restoration costs will be limited to the actual, reasonable and necessary costs you incur to reach this determination. Restoration costs do not include: 1. any costs or expenses incurred to update, upgrade, replace, restore or otherwise improve your digital assets or computer system to a level beyond that which existed prior to sustaining any loss; or 2. the economic or market value of any digital assets, including trade secrets. KK."Security Breach" means 1. the loss or disclosure of private information in your care, custody or control or on your behalf, including such information stored on paper or on a computer system or 2. theft of data, unauthorized access to or unauthorized use of private information in your care, custody or control or on your behalf, including such information stored on paper or on a computer system. More than one security breach arising from the same or a series of continuous, repeated or related acts, errors, or omissions shall be considered a single security breach, which shall be deemed to have first occurred at the time of the first such security breach. LL. "Security Wrongful Act" means any act, error, or omission committed by you or a person or entity for which you are legally responsible, including an independent contractor or outsourcing organization, in the conduct of computer systems security and the protection of the security and confidentiality of private information, that results in: 1. the inability of a third party, who is authorized to do so, to gain access to your computer systems; 2. the failure to prevent or hinder unauthorized access to or unauthorized use of a computer system operated by you or on your behalf, the failure to prevent physical theft of hardware or firmware you control, the failure to prevent people or processes security failures, or the failure to prevent false communications designed to trick the user into surrendering private information (such as "phishing", "pharming" or"vishing"), any of which results in: Language Effective October 1,2024 78 ICRMP44A2025 i. the alteration, copying, corruption, destruction or deletion of, or damage to, electronic data on a computer system operated by you or on your behalf; ii. unauthorized disclosure of private information; iii. theft of data (including identity theft); or iv. denial of service attacks against internet sites or computer systems of a third party; or 3. the failure to prevent transmission of malicious code from a computer system operated by you or on your behalf to a third party's computer system. MM. "Service Provider" means any third party that is responsible for the processing, maintenance, protection or storage of your digital assets pursuant to a written contract directly with your organization. A service provider does not include any provider of telecommunications services, including internet access, to you. NN."Social Engineering Financial Fraud Event" means the transfer of money to an account outside your control pursuant to instructions made by a person purporting to be an authorized employee, outsourced provider or customer of yours, when such instructions prove to have been fraudulent and issued by a person who is not an authorized employee, outsourced provider, or customer of yours. 00. "Social Engineering Financial Fraud Loss" means loss of money directly resulting from a social engineering financial fraud event. PP."System Failure" means: 1. the unauthorized access or unauthorized use of your computer system or your digital assets; 2. the unauthorized transmission of computer code into your computer system that causes loss or damage to your digital assets; 3. a denial of service attack on your computer system that causes loss or damage to your digital assets; 4. accidental physical damage or destruction of electronic media, so that stored digital assets are no longer machine-readable; 5. failure in power supply or under/over voltage only if such power supply is under your or a service provider's direct operational control. Direct operational control includes back-up generators; 6. electrostatic build-up and static electricity; 7. an accidental, unintentional or negligent act, mistake, error or omission by your employee or a service provider in: i. the entry, or modification of your digital assets; ii. the creation, handling, development or maintenance of your digital assets; or Language Effective October 1,2024 79 ICRMP44A2025 iii. on-going computer system operation or maintenance, excluding the design, architecture or configuration of your computer system; or 8. any other unscheduled or unplanned outage of your computer system. QQ. "Technology/Professional Services" means those technology/professional services provided by you for others for a fee or other compensation (or for free if provided in conjunction with other fee based services or provided to potential or existing customers as an encouragement to purchase such services), and further includes, but is not limited to the creation, manufacture, development, distribution, license, lease, sale or training of any information technology, data processing, information services, installation, design, development, integration, or configuration of a computer system or computer and telecommunications products, hardware or software product or related electronic product. RR."Theft of Data" means the unauthorized taking, misuse or disclosure of information on computer systems, including but not limited to charge, debit, or credit information, banking, financial and investment services account information, proprietary information, and private information. SS."Unauthorized Access" means the gaining of access to a computer system by an unauthorized person or persons or an authorized person or persons in an unauthorized manner. TT. "Unauthorized Use" means the use of a computer system by an unauthorized person or persons or an authorized person or persons in an unauthorized manner. VIII. Limits of Liability A. The amount indicated in declarations page stated is the most we will pay in the aggregate under this endorsement, under all coverages combined, for: 1. all damages, including regulatory fines, consumer redress funds and all claim expenses from all claims; 2. all breach response costs from all security breaches; and 3. alllosses regardless of the number of acts, errors, or omissions, persons or entities covered by this endorsement, claimants, claims, losses or security breaches, or coverages triggered. B. When listed in the declarations page as stated within the amount indicated as the sublimits applicable to a Coverage, is the most we will pay under this endorsement in the aggregate under the individual coverage, regardless of the number of regardless of the number of acts, errors, or omissions, persons or entities covered by this endorsement, claimants, claims, losses or security breaches. These sublimits are part of and not in addition to the endorsement aggregate limit. C. If any claim or any single claim is covered under more than one coverage, the highest applicable sublimits shall be the most we shall pay as to such claim or single claim and such claim or single claim shall be subject to the highest applicable deductible. IX. Deductible A. The deductible for each Coverage is stated in the declarations page. The applicable deductible shall be first applied to damages, claim expenses, losses and breach response costs covered by this endorsement and you shall make direct payments within the deductible to Language Effective October 1,2024 80 ICRMP44A2025 appropriate other parties designated by us. We shall be liable only for the amounts in excess of the deductible, not to exceed the applicable sublimits or endorsement aggregate limit. B. With respect to Coverages A, B, C, D, E, and G the deductible shall be satisfied by your payments of damages and claim expenses resulting from claims first made and reported to us during the policy period. With respect to Coverage C, the deductible shall be satisfied by your payments of breach response costs resulting from a security breach that occurred during the policy period and is reported by you to us during the policy period. C. With respect to Coverage E, if the network disruption has exceeded the waiting period in hours set forth in the declarations page, then business income loss will be subject to the applicable deductible set forth in the declarations page and shall be computed as of the commencement of the network disruption. D. One deductible shall apply to each single claim or loss under such coverages. E. At our sole and absolute discretion, we may pay all or part of the applicable deductible, in which case you agree to repay us immediately after we notify you of the payment. The applicable deductible shall first be applied to any loss covered by this endorsement that is paid by us, or by you with our prior written consent. Nothing herein contained shall be held to vary, alter, waive or extend any of the Section I General Insuring Agreements, Section II General Definitions, Section III General Conditions, Section IV General Exclusions or any specific section insuring agreements, definitions, conditions, or exclusions to which this endorsement is attached other than as above stated. Language Effective October 1,2024 81 ICRMP44A2025 #3 TERRORISM LIABILITY AMENDATORY ENDORSEMENT A. Insuring Agreement Applicable to Terrorism Liability Amendatory Endorsement: The following insuring agreement is applicable to this Endorsement only and amends Insuring Agreement 1 located Section VIII General Liability. Also, the below listed insuring agreement is subject to Section I General Insuring Agreement, Section II General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this Endorsement. 1. We agree to pay on your behalf those sums which an insured becomes legally obligated to pay as damages to others because of bodily injury or property damage caused by an act of terrorism. B. Definition Applicable to Terrorism Liability Amendatory Endorsement: 1. Terrorism means an act or series of acts, including the use of force or violence, of any person or groups of persons, whether acting alone or on behalf of or in connection with any organizations, committed for political, religious or ideological purposes including the intention to influence any government and/or to put the public in fear for such purposes. C. Conditions Applicable to Terrorism Liability Amendatory Endorsement: 1. This coverage is sublimited to $500,000 per occurrence and in the aggregate annually; 2. The limits of indemnification shall be reduced by all sums paid by worker's compensation benefits or similar disability law if the claimant is your employee or volunteer; 3. This coverage is extended to pay for legally obligated and statutorily allowable costs imposed by state or federal government agencies specifically related to the suppression of fire only if such costs arise out of a covered occurrence. Nothing herein contained shall be held to vary, alter, waive or extend any of the Section I General Insuring Agreements, Section II General Definitions, Section III General Conditions, Section IV General Exclusions or any specific section insuring agreements, definitions, conditions, or exclusions to which this endorsement is attached other than as above stated. Language Effective October 1,2024 82 ICRMP44A2025 #4 PUBLIC LAND FIRE SUPPRESSION AMENDATORY ENDORSEMENT A. Insuring A_preements Applicable to Public Land Fire Suppression Liability Amendatory Endorsement 1. Notwithstanding anything to the contrary contained in the policy to which this endorsement attaches, it is hereby understood and agreed that section Vill, General Liability Insurance, is extended to pay for legally obligated and statutorily allowable costs imposed by state or federal government agencies specifically related to the suppression of fire only if such costs arise out of a covered occurrence. B. Conditions Applicable to Public Land Fire Suppression Liability Amendatory Endorsement 1. This coverage is limited to $500,000 per occurrence and in the annual aggregate. C. Exclusions Applicable to Public Land Fire Suppression Liability Amendatory Endorsement 1. This endorsement does not cover penalties or fines imposed pursuant to state or federal law under any circumstance. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, or limitations of the policy to which this endorsement is attached other than as above stated. All other definitions listed in the General Definitions of this Policy apply when not amended within this Endorsement. Language Effective October 1,2024 83 ICRMP44A2025 #6 - EQUIPMENT BREAKDOWN INSURANCE ENDORSEMENT Section V- Property is amended by the followin_g: A. Equipment Breakdown Insurance Endorsement The following insuring provisions are applicable to this Endorsement only and may amend insuring agreements located in Section I General Insuring Agreement of this policy. Also, the following insuring provisions are subject to Section II General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this Endorsement. Notwithstanding anything to the contrary contained in the policy to which this endorsement attaches, it is hereby understood and agreed that Section V, Property Insurance, is extended to cover Equipment Breakdown insurance as listed below. 1. When an applicable limit for Equipment Breakdown is shown in the limits of insurance section of the declarations page, this endorsement's intention is to clarify that the peril of breakdown is included for covered equipment. 2. Limit of Insurance. The most we will pay for any and all coverages for loss or damage from any one breakdown is the applicable limit of insurance shown in the equipment breakdown section of the declarations page. 3. Equipment Breakdown Coverage Extensions. The limits for coverage extensions are part of, not in addition to, the limit of insurance for equipment breakdown shown in the declarations page: a. Spoilage. This endorsement covers the spoilage damage to raw materials, property in process or finished products, provided all of the following conditions are met: (1) The raw materials, property in process or finished products must be in storage or in the course of being manufactured; (2) You must own or be legally liable under written contract for the raw materials, property in process or finished products; and (3) The spoilage damage must be due to the lack or excess of power, light, heat, steam or refrigeration. b. This endorsement also covers any necessary expenses you incur to reduce the amount of loss under this coverage. We will pay such expenses to the extent that they do not exceed the amount of loss that otherwise would have been payable under this coverage endorsement. 4. Service Interruption. This endorsement covers loss resulting from the interruption of utility services provided all of the following conditions are met: a. The interruption is the direct result of a breakdown to insured equipment owned, operated or controlled by the local private or public utility or distributor that directly generates, transmits, distributes or provides utility services which you receive; b. The insured equipment is used to supply electricity, telecommunication services, air conditioning, heating, gas, fuel, sewer, water, refrigeration, or steam to your premises; and Language Effective October 1,2024 84 ICRMP44A2025 c. The period of service interruption lasts at least the consecutive period of time of the waiting period, which is twenty-four (24) hours. Once this waiting period is met, coverage will commence at the initial time of the interruption and will be subject to all applicable deductibles. 5. Business Income: a. This endorsement covers your actual loss of business income that results directly from the necessary total or partial interruption of your business caused by a breakdown. b. This endorsement covers any necessary expenses you incur to reduce the amount of loss under this coverage. We will pay for such expenses to the extent that they do not exceed the amount of loss that otherwise would have been payable under this coverage. c. We will consider the actual experience of your business before the accident and the probable experience you would have had without the accident in determining the amount of its payment. d. This coverage continues until the date the damaged property is repaired or replaced. 6. Expediting Costs: a. This endorsement covers the reasonable and necessary costs incurred to pay for the temporary repair of insured damage to insured equipment and to expedite the permanent repair or replacement of such damaged property caused by a breakdown. b. This coverage extension does not cover costs: (1) Recoverable elsewhere in this policy; or (2) Of permanent repair or replacement of damaged property. 7. Hazardous Substance: a. This endorsement covers any additional expenses you incur for the clean-up, repair or replacement or disposal of insured equipment that is damaged, contaminated or polluted by a hazardous substance caused by a breakdown. b. As used here, additional expenses mean the additional cost incurred over and above the amount that we would have paid had no hazardous substance been involved with the loss. 8. Ammonia Contamination. This endorsement covers the spoilage to insured equipment contaminated by ammonia, including any salvage expense caused by a breakdown. 9. Water Damage. This endorsement covers the damage to insured equipment by water including any salvage expenses caused by a breakdown, except no coverage applies to such damage resulting from leakage of a sprinkler system or domestic water piping. 10.Consequential Loss. This endorsement covers the reduction in the value of undamaged stock parts of a product which becomes unmarketable. The reduction in value must be caused by a physical loss or damage to another part of the product. 11. Electronic Data and Media. This endorsement covers your cost to research, replace or restore damaged electronic data and media including the cost to reprogram instructions used in any computer equipment if the loss is caused by a breakdown. Language Effective October 1,2024 85 ICRMP44A2025 12. CFC Refrigerants. This endorsement covers the additional cost to repair or replace insured equipment because of the use or presence of a refrigerant containing CFC (chlorinated fluorocarbon) substances if the loss is caused by a breakdown. This means the additional expense to do the least expensive of the following: (a) Repair the damaged property and replace any lost CFC refrigerant; (b) Repair the damaged property, retrofit the system to accept a non-CFC refrigerant and charge the system with a non-CFC refrigerant; or (c) Replace the system with one using a non-CFC refrigerant. 13. Computer Equipment. This endorsement covers for direct damage to computer equipment that is damaged by a breakdown to such equipment. B. Definitions Applicable to Equipment Breakdown Insurance Endorsement The following definition is applicable to this Endorsement only. It may amend a definition located in Section II General Definitions of this policy or Section V Property definitions. 1. "Breakdown" a. Means the direct physical loss resulting from one or more of the following items that causes damage to insured equipment and necessitates its repair or replacement, unless such loss or damage is otherwise excluded within this section: 1. Failure of pressure or vacuum equipment; 2. Mechanical failure including rupture or bursting caused by centrifugal force; 3. Electrical failure including arcing; 4. Explosion of steam boilers, steam piping, steam engines or steam turbines owned or leased by you, or operated under your control; 5. Loss or damage to steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment; or 6. Loss or damage to hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment; b. Does not mean or include: 1. Malfunction including but not limited to adjustment, alignment, calibration, cleaning or modification; 2. Defects, erasures, errors, limitations or viruses in computer equipment and programs including the inability to recognize and process any date or time or provide instructions to insured equipment; 3. Leakage at any valve, fitting, shaft seal, gland packing,joint or connection; 4. Damage to any vacuum tube, gas tube or brush; Language Effective October 1,2024 86 ICRMP44A2025 5. Damage to any structure or foundation supporting the insured equipment or any of its parts; 6. The functioning of any safety or protective device; or 7. The cracking of any part on an internal combustion gas turbine exposed to the products of combustion. 2. "Computer Equipment'means property that is electronic computer or other electronic data processing equipment, including media and peripherals used in conjunction with such equipment. 3. "Insured Equipment' a. Means: (1) Equipment built to operate under internal pressure or vacuum other than weight of contents; (2) Electrical or mechanical equipment that is used in the generation, transmission or utilization of energy; and (3) Communication equipment and computer equipment. b. Does not mean or include any: (1) Part of pressure or vacuum equipment that is not under internal pressure of its contents or internal vacuum. (2) Insulating or refractory material, but not excluding the glass lining of any insured equipment; (3) Nonmetallic pressure or vacuum equipment, unless it is constructed and used in accordance with the American Society of Mechanical Engineers(A.S.M.E.)code or another appropriate and approved code; (4) Catalyst; (5) Vessels, piping and other equipment that is buried below ground and requires the excavation of materials to inspect, remove, repair or replace; (6) Structure,foundation, cabinet or compartment supporting or containing all or part of the insured equipment including penstock, draft tube or well casing; (7) Vehicle, aircraft, self-propelled equipment or floating vessel, including any insured equipment that is mounted upon or solely with any one or more vehicle(s), aircraft, self-propelled equipment or floating vessel; (8) Dragline, excavation or construction equipment including any insured equipment that is mounted upon or solely used with any one or more dragline(s), excavation, or construction equipment; (9) Felt,wire, screen, die, extrusion plate, swing hammer, grinding disc, cutting blade, nonelectrical cable, chain, belt, rope, clutch plate, brake pad or non-metal part or any part or tool subject to periodic replacement; or (10)Equipment or any part of such equipment manufactured by you for sale; or (11)Power and gas generation utility equipment. Language Effective October 1,2024 87 ICRMP44A2025 4. "Hazardous Substance" means any substance other than ammonia that has been declared to be hazardous to health by a government agency. Ammonia is not considered to be a hazardous substance as respects this limitation. 5. "One Breakdown"means if an initial breakdown causes other breakdowns, all will be considered one breakdown. All breakdowns at any one premises that manifest themselves at the same time and are the direct result of the same cause will be considered one breakdown. 6. "Stock"means merchandise held in storage or for sale, raw materials, property in process or finished products, including supplies used in their packing or shipping. C. Conditions Applicable to Equipment Breakdown Insurance Endorsement The following condition is applicable to this Endorsement only. It may amend exclusions located in Section IV General Exclusions of this policy and Section V Property exclusions. 1. Suspension. On discovery of a dangerous condition, we may immediately suspend machinery breakdown insurance on any machine, vessel, or part thereof by giving written notice to you. The suspended insurance may be reinstated once the dangerous condition is resolved. Nothing herein contained shall be held to vary, alter, waive or extend any of the Section I General Insuring Agreements, Section II General Definitions, Section III General Conditions, Section IV General Exclusions or any specific section insuring agreements, definitions, conditions, or exclusions to which this endorsement is attached other than as above stated. Language Effective October 1,2024 88 ICRMP44A2025 #7 ATTORNEY CONSULTATION AMENDATORY ENDORSEMENT The following insuring agreement is applicable to this Endorsement only. Also, the below listed insuring agreement is subject to Section I General Insuring Agreement, Section II General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this Endorsement. A. INSURING AGREEMENT APPLICABLE TO ATTORNEY CONSULTATION AMENDATORY ENDORSEMENT The following insuring agreement is applicable to this Endorsement only. The below listed insuring agreement is subject to Section I General Insuring Agreement, Section II General Definitions, Section III General Conditions, Section III General Conditions, and Section IV General Exclusions of this policy, unless amended as stated within this Endorsement. 1. We agree to pay defense costs for attorney fees incurred by us to obtain an opinion of legal counsel regarding the appropriateness of a proposed termination of employment of your employee(s) provided you first notify us of the proposed termination during the policy period and prior to such termination; and 2. The amounts payable under this endorsement are in addition to the defense costs limits stated within the declarations page of the policy to which this Endorsement is attached. B. DEFINITIONS APPLICABLE TO ATTORNEY CONSULTATION AMENDATORY ENDORSEMENT The following definitions are applicable to this endorsement only. They may amend definitions located in Section II General Definitions of this policy. 1. Defense costs means costs we pay to our approved attorneys for attorney fees and related expenses. Defense costs will not include the salary, additional wages or costs of any employee of an insured. C. LIMITS OF INSURANCE APPLICABLE TO ATTORNEY CONSULTATION AMENDATORY ENDORSEMENT 1. We agree to pay up to $2,500 in defense costs per termination considered not to exceed $50,000 in the aggregate for all attorney consultations per policy period. Nothing herein contained shall be held to vary, alter, waive or extend any of the Section I General Insuring Agreements, Section II General Definitions, Section III General Conditions, Section IV General Exclusions or any specific section insuring agreements, definitions, conditions, or exclusions to which this endorsement is attached other than as above stated. Language Effective October 1,2024 89 ICRMP44A2025 #8 ACTIVE ASSAILANT AMENDATORY ENDORSEMENT A. INSURING AGREEMENT APPLICABLE TO ACTIVE ASSAILANT AMENDATORY ENDORSEMENT The following insuring agreement is applicable to this Endorsement only. Also, the below listed insuring agreement is subject to Section I General Insuring Agreement, Section II General Definitions, Section III General Conditions and Section IV General Exclusions of this policy, unless amended as stated within this Endorsement. 1. We will reimburse costs incurred by you from the use of active assailant response resources resulting from an incident as defined herein, which first occurs during the policy period. B. DEFINITIONS APPLICABLE TO ACTIVE ASSAILANT AMENDATORY ENDORSEMENT The following definitions are applicable to this Endorsement only. They may amend definitions located in Section II General Definitions of this policy. 1. Active assailant response resources mean any of the following used by you during the incident. This includes: a) Public Relations Firm, b) Crisis Management Firm, c) Psychological counselling, d) Environmental clean-up team, e) Salvage and recovery clean up team, f) Funeral expenses. 2. Costs means fees used to hire the services of active assailant response resources. 3. Incident means an event involving an assailant using a weapon and takes place on your business operation premises. However, for the purpose of this endorsement, the lawful actions of your employees or volunteers or elected officials or of a member of the security services or law enforcement officers when engaged in the line of duty, in the prevention of(or attempt to prevent) an incident shall not of itself be considered to be an incident within this meaning. 4. Weapon means firearms, explosive devices, knives, medical instruments, and corrosive substances. C. LIMITS OF INSURANCE APPLICABLE TO ACTIVE ASSAILANT AMENDATORY ENDORSEMENT 1. The limit of insurance for specified costs related to active assailant response resources is $50,000 per incident and $100,000 in the aggregate during one policy period. Nothing herein contained shall be held to vary, alter, waive or extend any of the Section I General Insuring Agreements, Section II General Definitions, Section III General Conditions, Section IV General Exclusions or any specific section insuring agreements, definitions, conditions, or exclusions to which this endorsement is attached other than as above stated. Language Effective October 1,2024 90 ICRMP44A2025 ICRMP Multi-Lines Insurance Policy This Policy of Insurance is issued by ICRMP for all public entity Members to be effective 12:01 A.M., October 1, 2024 for one-year thereafter, unless sooner terminated,for all continuing Members pursuant to and consistent with the Joint Powers Subscribers Agreement approved by the ICRMP Board of Trustees to be effective for the policy year beginning at the time above stated. If you utilize an independent insurance agent, we pay your agent a fixed percentage of the member contribution you pay us that is included in your member contribution.This compensation is to encourage independent agents to recommend ICRMP to public entities and to compensate agents for their services. If you have questions regarding this compensation, please contact us. VEHICLE INSURANCE IDENTIFICATION CARD VEHICLE INSURANCE IDENTIFICATION CARD STATE OF IDAHO STATE OF IDAHO Idaho Counties Risk Management Program,Underwriters Idaho Counties Risk Management Program,Underwriters 3100 Vista Avenue, Suite 300,P.O.Box 15249 3100 Vista Avenue, Suite 300,P.O.Box 15249 Boise,Idaho 83715 Boise,Idaho 83715 This Certificate may be used in lieu of the original Contract of This Certificate may be used in lieu of the original Contract of Liability Insurance to demonstrate the current existence of liability Liability Insurance to demonstrate the current existence of liability insurance while such contract is in effect. insurance while such contract is in effect. THIS POLICY COVERS ALL VEHICLES THIS POLICY COVERS ALL VEHICLES OWNED OR LEASED. OWNED OR LEASED. Policy Number: 44A18018100124 contains minimum liability Policy Number: 44A18018100124 contains minimum liability insurance to meet the requirements of Idaho Code,Section 49-245. insurance to meet the requirements of Idaho Code,Section 49-245. EFFECTIVE DATES: NAME AND ADDRESS OF INSURED: EFFECTIVE DATES: NAME AND ADDRESS OF INSURED: October 1,2024 Urban Renewal Agency of the City of October 1,2024 Urban Renewal Agency of the City of Continuous Twin Falls Continuous Twin Falls Until Cancelled P.O.Box 1907 Until Cancelled P.O.Box 1907 Twin Falls,ID 83303 Twin Falls,ID 83303 KEEP THIS CERTIFICATE IN YOUR VEHICLE AT ALL TIMES KEEP THIS CERTIFICATE IN YOUR VEHICLE AT ALL TIMES AND MUST BE PRESENTED UPON DEMAND AND MUST BE PRESENTED UPON DEMAND CLAIMS AGENT: CLAIMS AGENT: Idaho Counties Risk Management Program,Underwriters Idaho Counties Risk Management Program,Underwriters P.O.Box 15249 P.O.Box 15249 Boise,Idaho 83715 Boise,Idaho 83715 Phone: (208)336-3100 FAX:(208)336-2100 Phone: (208)336-3100 FAX:(208)336-2100 ................................................................................................................................................E........................................................................................................................................... VEHICLE INSURANCE IDENTIFICATION CARD VEHICLE INSURANCE IDENTIFICATION CARD STATE OF IDAHO STATE OF IDAHO Idaho Counties Risk Management Program,Underwriters Idaho Counties Risk Management Program,Underwriters 3100 Vista Avenue, Suite 300,P.O.Box 15249 3100 Vista Avenue, Suite 300,P.O.Box 15249 Boise,Idaho 83715 Boise,Idaho 83715 This Certificate may be used in lieu of the original Contract of This Certificate may be used in lieu of the original Contract of Liability Insurance to demonstrate the current existence of liability Liability Insurance to demonstrate the current existence of liability insurance while such contract is in effect. insurance while such contract is in effect. THIS POLICY COVERS ALL VEHICLES THIS POLICY COVERS ALL VEHICLES OWNED OR LEASED. OWNED OR LEASED. Policy Number: 44A18018100124 contains minimum liability Policy Number: 44A18018100124 contains minimum liability insurance to meet the requirements of Idaho Code,Section 49-245. insurance to meet the requirements of Idaho Code,Section 49-245. EFFECTIVE DATES: NAME AND ADDRESS OF INSURED: EFFECTIVE DATES: NAME AND ADDRESS OF INSURED: October 1,2024 Urban Renewal Agency of the City of October 1,2024 Urban Renewal Agency of the City of Continuous Twin Falls Continuous Twin Falls Until Cancelled P.O.Box 1907 Until Cancelled P.O.Box 1907 Twin Falls,ID 83303 Twin Falls,ID 83303 KEEP THIS CERTIFICATE IN YOUR VEHICLE AT ALL TIMES KEEP THIS CERTIFICATE IN YOUR VEHICLE AT ALL TIMES AND MUST BE PRESENTED UPON DEMAND AND MUST BE PRESENTED UPON DEMAND CLAIMS AGENT: CLAIMS AGENT: Idaho Counties Risk Management Program,Underwriters Idaho Counties Risk Management Program,Underwriters P.O.Box 15249 P.O.Box 15249 Boise,Idaho 83715 Boise,Idaho 83715 Phone: (208)336-3100 FAX:(208)336-2100 Phone: (208)336-3100 FAX:(208)336-2100 Urban Renewal Agency of the City of Twin Falls Vehicle Report Agent:Lori Bergsma Department:All Departments Sorted By:VIN Total Value: $0 Urban Renewal Agency of the City of Twin Falls Building Report Agent: Lori Bergsma Sorted By:Description Total Buildings: $4,720,000 Total Contents: $0 Description:Apricot Home Lease Address: 259 Shoshone St S City: Twin Falls Zip: 83301 Year Built: 1933 Construction Code: C Square Ft: 2950 Value: $550,000 Contents: $0 Protection Class:3 Lienholder:None Agent ID:Location#16 Effective Dtate: 6/8/2023 11:37:11 AM Last Modified: 6/14/2024 12:01:07 PM Modified By:Jason Bergsma Description:DK Flooring Lease Address: 139 3rd Ave S City: Twin Falls Zip: 83301 Year Built: 1917 Construction Code:J Square Ft: 12800 Value: $1,120,000 Contents: $0 Protection Class:3 Lienholder:None Agent ID:Location#18 Effective Dtate: 6/8/2023 11:49:21 AM Last Modified: 6/14/2024 12:00:56 PM Modified By:Jason Bergsma Description: Globe Seed and Feed BLD Lots 1&2 Address: 222 4th Ave.S. City: Twin Falls Zip: 83301 Year Built: 1935 Construction Code:M Square Ft: 9000 Value: $550,000 Contents: $0 Protection Class:3 Lienholder:None Agent ID:Location#23 Bldl Effective Dtate: 11/5/2023 8:25:45 AM Last Modified: 8/26/2024 4:05:20 PM Modified By:Jason Bergsma Description: Globe Seed and Feed Building Lot 3,4,5 with scale Address: 222 4th Ave South City: Twin Falls Zip: 83301 Year Built: 1905 Construction Code:M Square Ft: 15000 Value: $1,500,000 Contents: $0 Protection Class:3 Lienholder:None Agent ID:Location 23 Lot 3,4,5 Effective Dtate: 11/5/2023 8:22:09 AM Last Modified: 8/26/2024 4:06:39 PM Modified By:Jason Bergsma Description:VA Lease Address: 260 2nd Ave E City: Twin Falls Zip: 83301 Year Built: 1972 Construction Code: C Square Ft: 4568 Value: $1,000,000 Contents: $0 Protection Class:3 Lienholder:None Agent ID:Location#10 Effective Dtate: 6/8/2023 11:35:05 AM Last Modified: 6/14/2024 12:01:15 PM Modified By:Jason Bergsma Urban Renewal Agency of the City of Twin Falls Property In The Opens Agent: Lori Bergsma Department:All Departments Sorted By:Description Total Value: $0 Urban Renewal Agency of the City of Twin Falls Mobile Equipment Under$25,000 Report Agent:Lori Bergsma Description: Summary Value: $0 Effective:3/7/2003 12:00:00 AM Modified:n/a Modified By: n/a Urban Renewal Agency of the City of Twin Falls Mobile Equipment Over $25,000 Report Agent: Lori Bergsma Department:All Departments Sorted By:Description Total Value: $0 LIABILITY QUESTIONS ICRMP ID: 562 Total Salaries/Wages from $0.00 W-3 (Line 5): # of Full-Time Employees: 0 #of Part-Time Employees: 0 #of Employees allowed to 0 # of EMTS/Paramedics: 0 Write Checks: # of Full-Time Law 0 # of Part-Time Law 0 Enforcement Officers: Enforcement Officers: #of Detention Officers: 0 # of Jail Nurses: 0 # of Jail Beds: 0 Average Detention/Jail 0 Population Average Daily Attendance 0 # of Full/Part Time Teachers 0 for Schools: Water/Sewer/Wastewater $0.00 Total Operating Budget $365,070.00 Payroll: Do You Own or Operate an No Do You Conduct Weed No Airport or Aistrip? Spraying Operations?