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HomeMy WebLinkAboutCO 2025-057 - Alta Loma Riding Club 1 HERITAGE PARK EQUESTRIAN CENTER LEASE AND OPERATORS AGREEMENT THIS HERITAGE PARK EQUESTRIAN CENTER LEASE (this “Lease”) is dated as of _____________, 2025 (the “Effective Date”) and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation (“Landlord” or “City”), and the ALTA LOMA RIDING CLUB, a California 501 c4 nonprofit public benefit corporation (“Tenant”). RECITALS: A. Landlord is the owner of the real property commonly known as 5546 Beryl Street, in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the “Land”), together with the improvements located thereon commonly known as Heritage Park (the “Property”). B. City constructed the Arena, adjacent building and parking lot (collectively, the “Premises”) for the purpose of providing park and open space for equine use, for the benefit of present and future residents of the City of Rancho Cucamonga. C. Tenant shares the City's goal of preserving the Property for the present and future citizens of Rancho Cucamonga. AGREEMENT: NOW, THEREFORE, in consideration of the mutual covenants contained herein, Landlord and Tenant agree as follows: 1. AGREEMENT OF LEASE; USE OF PREMISES. 1.1 Upon the “Commencement Date” (as defined below), the former Agreement between Landlord and Tenant executed on 14 October, 2014, to include all subsequent amendments therein, is terminated and Landlord leases the Premises to Tenant and Tenant rents the Premises from Landlord on the terms in this Lease. 1.2 Tenant shall comply with all applicable laws in connection with its use of the Premises. 1.3 Tenant may use the Premises for purposes incidental to equestrian use such as fund raising, charity and special events (e.g., competitions, shows and other private functions or commercial enterprises); however, Tenant must first provide facility event schedule to Landlord biannually (in January and July) and such events shall be included. Tenant may propose an unscheduled event, on condition that Tenant provide Landlord fourteen (14) days advance, notice of such function or enterprise, describing the event in terms of size, purpose, and general conditions. Notice should be filed by email to sports@cityofrc.us. If Landlord has any objection or concern, it shall so notify Tenant at least seven (7) days before the event. Tenant shall then modify the event or enterprise to fully alleviate the Landlord’s objections and concerns or the event will not occur. 1.4. Tenant will schedule and determine user fees of all reservations. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 2 1.5. It is the Tenant’s responsibility to coordinate with all Heritage Park user groups utilizing the shared parking lot to the Landlord’s satisfaction. This includes allowance of parking lot use for City sponsored functions and user groups such as youth sports organizations. Landlord retains the authority to approve the parking lot use by all user groups coordinated by Tenant, to include scheduled access to the shared parking lot. Tenant is responsible for complying with the terms of use dictated by the Landlord. 1.6. Landlord retains the right to determine the signage utilized by Tenant located on the Premises, to include the addition or removal of signage with regard to location, quantity, and content. Tenant will be responsible for posting signage indicating current contact information regarding the operation, maintenance, and events held in the equestrian area with approval from Landlord. 1.7. Tenant will have no naming rights. If an offer is put forward by an Alta Loma Riding Club partner, it can be brought to the City for discussion. The City Council shall have sole and absolute discretion to approve any proposed name change to the Premises. 1.8. Tenant may establish a marketing program that can assist in advertising and outreach to equestrian publications and user groups about the facility and the rental potential. 1.9 Oversight and Monitoring Responsibilities. Tenant shall be solely responsible for the daily oversight and monitoring of all activities and conditions on the Premises relating to general health and safety. Tenant shall implement appropriate measures to identify, address, and mitigate risks or hazards that may arise during the course of operations. 1.9.1 Incident Reporting Requirements. Tenant shall maintain and follow a standardized incident reporting protocol for all health and safety-related events, including but not limited to accidents, injuries, near-misses, hazardous conditions, and any violation of applicable health and safety laws, ordinances, or regulations. 1.9.2 Critical Incident Notification. Tenant shall immediately notify the City in writing of any critical incident, defined as any occurrence involving serious injury, property damage, or a significant threat to public safety, within twenty- four (24) hours of discovery. 1.10. Tenant will be responsible for establishing and enforcing operational rules for the Premises, subject to the City’s approval in its sole and absolute discretion. 1.11. Tenant has thoroughly inspected the condition of the Premises and accepts them in their present condition, without representation or warranty, express or implied. 2. TERM AND COMMENCEMENT DATE. 2.1 The term of this Lease shall commence on , 2025 (the “Commencement Date”), and shall expire on , 2026; provided, however, that said initial one year term shall be extended in one (1) year increments (each an “Extended Term”) unless either Landlord or Tenant has given notice to the other, not less than sixty (60) days prior to the expiration of the then-current term (i.e., the initial one year term or any subsequent Extension Term) that such party has decided to terminate the Lease upon the expiration of the Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 3 then-current term, in which case this Lease shall terminate upon the expiration of the then-current term. Notwithstanding the foregoing, in no event shall the term of this Lease, as so extended, exceed five (5) years. 3. RENT. 3.1 The base rent for the Premises shall be One Dollar ($1.00) per annum (the “Base Rent”), which Tenant shall pay in full, in advance, without notice, demand, deduction, or offset, on or before the Commencement Date and, if applicable, on or before the commencement of each Extended Term. 3.1.1 In addition to the Base Rent, Tenant shall be responsible for the payment of any and all additional costs and expenses as may be set forth in this Lease, including but not limited to the cost of any construction, alteration, repair, or improvement work undertaken by Tenant on the Premises. 3.1.2 Tenant acknowledges that, pursuant to California Labor Code Sections 1720 et seq., certain projects are subject to prevailing wage requirements when performed on property owned or leased by a public agency. Accordingly, Tenant shall ensure that, for any work undertaken on the Premises that is required by law to assess prevailing wages, prevailing wages shall be paid as required by law. Tenant shall be solely responsible for determining the applicability of prevailing wage laws to any such work and for full compliance therewith, including but not limited to the payment of applicable prevailing wage rates, the maintenance and submission of certified payroll records, and the registration of contractors and subcontractors with the California Department of Industrial Relations. 3.1.3 Tenant shall indemnify, defend, and hold harmless the City of Rancho Cucamonga, its officers, officials, employees, and agents, from and against any and all claims, demands, liabilities, costs, penalties, or expenses (including attorneys’ fees) arising out of or related to Tenant’s failure to comply with applicable prevailing wage laws. 4. SERVICES AND UTILITIES. 4.1 Landlord will continue to pay the domestic water, electricity, and natural gas bills but reserves the right to establish a utilities surcharge provided notice is issued to Tenant at least ninety (90) days in advance in writing. A utilities surcharge can be for Tenant activities and/or outside rentals secured by the Tenant. The Tenant will be responsible to pay, charge, and/or collect established utility surcharge on the Landlord’s behalf for activities and/or rentals. Landlord will continue to pay for the existing phone line for purposes of keeping the alarm system on. Tenant is responsible for any additional phone lines installed. 4.2 Landlord shall be responsible for failures in these systems as a result of ordinary wear and tear and which are not due to damage by Tenant or its guests, contractors or agents, or failure by Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 4 Tenant to properly maintain the Premises (including such systems). Unless caused by the gross negligence or intentional misconduct of Landlord, Landlord shall not be liable or responsible for any loss, damage or expense sustained or incurred by Tenants as a result of any change, failure, interference, disruption or defect in the supply or character of any utility or service furnished to the Premises. 5. TENANT’S RESPONSIBILITIES FOR MAINTENANCE AND OPERATIONS. 5.1 Tenant shall be responsible, except where noted in this Lease, for all operations and maintenance of the Premises’ including but not limited to: 5.1.1 All volunteers working for the Alta Loma Riding Club that oversee operations, maintenance, and facility management, which will be inclusive of volunteers that utilize City equipment and/or have access to unlocking and locking of the facility, will be required to go through the City volunteer process of Volgistics. 5.1.2 Securing maintenance volunteers that must be trained by City staff in order to operate City equipment. 5.1.3 Designating a volunteer maintenance lead person that will be trained by the City. Tenant must maintain at least one trained volunteer maintenance lead person during the entire term of Lease. The Tenant’s designated volunteer maintenance lead person must be on site to supervise all maintenance work and meet with Landlord’s Public Works staff as needed to meet Landlord’s satisfaction. 5.1.4 Arena and Round Pens harrowing/dragging on as needed basis for equestrian events. 5.1.5 Mowing and trimming of grass adjacent to the Equestrian building. Tenant may physically change these areas deemed necessary for cost savings or other operational reasons with prior City approval at Tenant’s sole cost. 5.1.6 General building maintenance, including graffiti removal, and janitorial services including restrooms. City acknowledges that Tenant may limit hours and days restrooms will be available and the restroom availability must be posted on signage to notify public. 5.1.7 Provide manure waste stations and signage encouraging trailer users to pick up and dispose of waste as required by environmental policies and City ordinances. 5.1.8 Provide for weekly manure cleanup in parking and equestrian center areas. 5.1.9 Chalking/painting of parking lot for equestrian events. 5.1.10 Monitoring of parking lot during equestrian special events. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 5 5.1.11 The Premises shall be maintained at the level received at the time of the commencement of the term of this Lease. 5.1.12 Emptying trash receptacles adjacent to the facility weekly. 5.1.13 Maintaining the PA system. 5.1.14 Tenant must obtain necessary permits and/or approvals as needed. 5.1.15 A non-monitored video surveillance system may be installed; however, tenant is responsible for all required signage for the video surveillance and all cost and expenses incurred. Tenant shall use best practices for all operations and will consult with the Public Works Department as needed. 6. LANDLORD’S MAINTENANCE RESPONSIBITIES. 6.1 Landlord shall be responsible for the maintenance of the parking lot, including trees, at a level of maintenance to be determined by Landlord and for the following: 6.1.1 Back bone infrastructure for all items within the Premises, excluding items within the adjacent building, but including water for the arena, landscape irrigation and domestic, sewer, drainage, and phone with security line. 6.1.2 City retains responsibility for Arena Light Standards. City will determine the appropriate level of maintenance and does not guarantee any maintenance or repair of light standards. City also reserves the right to establish a fee schedule for any light usage and to implement improvements to the pay for use machines for the lighting. 6.1.3 Continue weekly contracted trash disposal of trash dumpsters in the parking lot. 6.1.4 In any event of emergency maintenance and/or repairs that Landlord deems necessary to make the Premises and adjacent areas safe that may impact the Premises and access herein, Landlord reserves the right to close Premises, surrounding parking lots, and all adjacent areas to perform such emergency maintenance and/or repairs without being subject to a claim of breach of this Agreement. Landlord will timely notify Tenant of any closures and access limitations as they are known. 7. ALTERATIONS AND PERSONAL PROPERTY. 7.1 Tenant shall not make any additions, improvements, or alterations to the premises without the prior written consent of Landlord in its sole and absolute discretion. Any such additions, improvements, or alterations to the Premises shall be made at the sole cost and expense of Tenant and in accordance with all applicable laws, ordinances, and regulations, including laws related to accessibility for persons with disabilities. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 6 7.2 Any mechanic’s lien or related instrument filed against the Premises for work done or materials or equipment furnished to or contracted for by Tenant shall be discharged or bonded by Tenant, at Tenant’s sole cost and expense, within fifteen (15) days after the date it is filed. Landlord shall have the right to post notices of non-responsibility on the Building. 7.3 All articles of personal property and all business and trade fixtures, private telephone systems and lines, furniture and movable partitions owned, leased or installed in the Premises by Tenant at its sole cost and expense, shall be and remain the property of Tenant and may be removed from the Premises by Tenant at any time, provided Tenant repairs any damage caused by that removal. Upon the expiration or early termination of this Lease, Tenant shall remove all of its personal property from the Premises and shall repair any damage caused by the removal. This section 7.3 shall survive expiration or earlier termination of this Lease. If Tenant fails to remove its personal property, then Landlord may do so and may retain or dispose of such property in any manner, without obligation or liability to Tenant. Tenant waives all statutes and laws to the contrary. 8. DAMAGE TO TENANT’S PROPERTY. 8.1 Neither Landlord nor its officers, agents, or employees shall be liable to Tenant for any loss of, or damage to, the personal property of Tenant located at the Premises resulting from fire, explosion, steam, gas, electricity, water or moisture in or from any part of the Premises, including its roof, walls, ceilings and floors, or from the pipes, appliances or mechanical and electrical systems in the Premises, or from any other place or from any other cause, whether or not similar to the foregoing. 8.2 Tenant shall provide prompt verbal notice to Landlord, to be followed by written notice, in the event of any material damage to the Premises or the personal property of Tenant located at the Premises resulting from any fire, accident, casualty or condition in, on or about the Premises. 9. COMPLIANCE WITH LAWS AND INSURANCE POLICIES. 9.1 In connection with its occupancy and use of the Premises, Tenant shall, at its sole cost and expense, promptly comply with all applicable present and future federal, state and local laws, ordinances and regulations and with all orders and rules of governmental authorities having jurisdiction, and cooperate with any law, ordinance or regulation that requires alterations by Landlord or Tenant to the Premises. Tenant shall refrain from restricting the use of the Premises on the basis of sex, age, handicap, marital status, race, color, religion, creed, ancestry or national origin of any person. All contracts entered into by Tenant in connection therewith shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses: "There shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, subtenants, sub-lessees or vendees of the land." Tenant shall not do, omit to do or permit to be done any act or thing in, on or about the Premises that will invalidate, or be in conflict with, any requirement, covenant or condition of any casualty insurance policy covering the Premises or the personal property therein, or that will subject Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 7 Landlord to any uninsured liability to any person for personal injury, death or property damage. 10. INDEMNITY. 10.1 Tenant shall indemnify, defend, and hold harmless Landlord, its officers, agents, employees, and volunteers from and against any and all loss, cost, damage, expense, claim, suit, demand, or liability of any kind or character, including, but not limited to, reasonable attorneys’ fees, arising out of or related to any negligent or wrongful act or omission of Tenant, its officers, agents, employees, or contractors, which occurs in connection with or as a result of the performance of this Agreement. Such indemnification shall apply only in proportion to and to the extent that such loss, cost, damage, expense, claim, suit, demand, or liability is caused by or results from the negligent or wrongful act or omission of Tenant, its officers, agents, employees, or contractors. 10.2 Nonwaiver of Rights. Indemnities do not, and shall not, waive any rights that they may possess against Tenant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Lease. 10.3 Waiver of Right of Subrogation. Tenant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Tenant. 10.4 Survival. The provisions of this Section 10 shall survive the termination of the Lease and are in addition to any other rights or remedies which Indemnities may have under the law. Payment is not required as a condition precedent to an Indemnities’ right to recover under this indemnity provision, and an entry of judgment against Tenant shall be conclusive in favor of the Indemnities’ right to recover under this indemnity provision. 11. INSURANCE 11.1 Liability Insurance for Special Events. Tenant shall procure and maintain in full force and effect for each Special Event and any on-going programs or uses held during the duration of this lease, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Tenant, and/or its agents, representatives, employees or subcontractors. In addition, program participants must sign a City approved Release, Hold Harmless and Agreement Not to Sue waiver. 11.2 Minimum Scope of Insurance. Unless otherwise approved by City coverage shall be at least as broad as: 11.2.1 Insurance Services Office Commercial General Liability Coverage (occurrence form CG 0001). 11.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) Covering Automobile Liability, code 1 (any auto) if applicable. 11.2.3 Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. OR a letter signed under penalty of perjury, stating that the Tenant has no employees. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 8 11.2.4 Property Insurance 11.3 Minimum Limits of Insurance as it relates to section 11.1 Liability Insurance. 11.3.1 Commercial General Liability: $1,000,000 minimum per occurrence for bodily injury, personal injury and property damage. Prior to Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Lease or the general limit is twice the required occurrence limit amount. The City reserves the right of changing the coverage limits dependent on the scope of activity. 11.3.2 Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 11.3.3 Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. 11.3.4 Property Liability: At Tenants sole cost and expense, maintain property insurance covering all personal property, equipment, inventory, and tenant improvements within the leased premises, against risks of loss, including but not limited to , fire, theft, vandalism and other perils usually covered under an “all-risk” policy. Coverage shall be maintained in an amount sufficient to replace all such property in the event of a total loss. 11.3.5 The Insurance obligations under this lease shall be the greater of (i) the Insurance coverage’s and limits carried by the Tenant; or (ii) The minimum Insurance coverage’s and limits shown in this Lease. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Lease are sufficient to cover the obligations of the Tenant under this lease. 11.4 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 11.5 Other Insurance Provisions. 11.5.1 The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insured’s as respects: liability arising out of activities performed by or on behalf of Tenant; products and completed operations of Tenant; premises owned, occupied or used by Tenant; and/or automobiles owned, leased, hired or borrowed by Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 9 Tenant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. For any claims related to this Lease, Tenant’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self- insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Tenant’s insurance and shall not contribute with it. 11.5.2 Tenant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 11.5.3 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Tenant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. 11.5.4 Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. 11.5.5 Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A: VII or better according to the most recent A.M. Best Co. Rating Guide. The City will consider non- admitted carriers on a case by case basis at the request of the Tenant. 11.5.6 Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. 11.5.7 Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. 11.5.8 Tenant shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Lease. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 10 11.6 Evidence of coverage. Prior to commencing operations under this Lease, the Tenant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required for activities under section 11.1 Liability Insurance for Special Events including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Tenant commences performance. If performance of this Lease shall extend beyond one year, Tenant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. Tenant agrees to include in all contracts with all subcontractors performing work pursuant to this Lease, the same requirements and provisions of this Lease including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Tenant shall require its subcontractors to be bound to Tenant and City in the same manner and to the same extent as Tenant is bound to City pursuant to this Lease, and to require each of its subcontractors to include these same provisions in its contract with any sub-subcontractor. 12. ADDITIONAL COVENANTS OF TENANT. 12.1 Tenant shall maintain a reasonable method of accounting, open to inspection by Landlord, which shall, to the reasonable satisfaction of Landlord, correctly and accurately reflect the gross receipts and disbursements of Tenant in connection with the Premises. Tenant will be required to provide Landlord with a complete report of activities and rentals. Tenant and Landlord will meet two (2) times per year to review activities calendar and financial reports, preferably in the months of January and June. 12.2 Tenant shall permit an annual physical inspection of the Premises by Landlord that shall, to the reasonable satisfaction of Landlord, allow for Landlord inspection team to correctly and accurately report on the condition of the Premises. Landlord inspection team may consist of representatives of the Planning Department, Public Works Services and/or Building and Safety Department. Following inspection, Landlord will document the condition of the Premises, provide notice to Tenant of any issues requiring repair and/or maintenance, and establish a time period for Tenant to complete any repair and/or maintenance. Failure to complete repair and/or maintenance in a timely manner will be deemed to be failure to maintain, for which the Landlord may terminate this Lease. Landlord shall conduct the annual physical inspection within thirty (30) days of the initiation of the initial term and any subsequent Extended Term as identified in Section 2. 12.3 Tenant shall provide Landlord with a copy of any annual budget adopted by its Board of Directors. 12.4 Tenant shall provide Landlord with a copy of any written description of annual activities and accomplishments of the Tenant during the preceding year as approved by Tenant's Board of Directors. The annual report may include the following: (a) a description of events held at the Premises, (b) a description of fund raising opportunities, (c) information on member contributions to the Premises, and (d) information on corporate sponsorships, outreach goals, and membership drives. 12.5 Landlord and its employees, agents and representatives shall have the right to enter upon the Premises after reasonable notice to Tenant. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 11 12.6 Tenant shall not assign, transfer, hypothecate or encumber this Lease, or sublet the Premises, or suffer or permit the Premises to be occupied or used by any other person or entity without the prior written consent of Landlord, which consent may be withheld or granted in Landlord’s sole and absolute discretion. 13. DEFAULT AND REMEDIES. 13.1 The occurrence of any one of the following shall constitute a default by Tenant under this Lease: 13.1.1 Tenant shall fail to pay Rent within five (5) business days after Tenant receives notice thereof from Landlord (provided, however, that the notice requirement contained in this Section 13.1.1 is not in addition to any legal requirement that notice be given and may be satisfied by sending the notice required by any applicable law or statute including California Code of Civil Procedure Section 1161); or 13.1.2 Tenant shall fail to perform or comply with any of the other covenants or conditions of this Lease, and such failure is not cured within thirty (30) days after Tenant receives notice thereof from Landlord; provided, however, that if the failure to perform or comply cannot reasonably be cured within thirty (30) days, Tenant shall not be in default if Tenant commences to cure the failure to perform or comply within the thirty (30) day period and diligently and in good faith continues to cure the same thereafter. 13.2 If Tenant commits an Event of Default, Landlord shall in addition to any and all other rights and remedies which Landlord may have under this Lease or by law or in equity, the remedies under California Civil Code Section 1951.2 (i.e., terminate this Lease and sue for damages) or the remedy under California Civil Code Section 1951.4 (i.e., keep this Lease in effect and sue for rent as it comes due). Any financial recovery by the City will be against the Alta Loma Riding Club, a public benefit, non-profit, California Corporation and shall not extend to any of its Officers, Directors or Members individually. 13.3 Except as expressly provided herein, the various rights, options, elections, powers and remedies of Landlord contained in this Section 13 shall not be deemed to be exclusive; they are cumulative and in addition to any other remedies, rights or priorities contained elsewhere in this Lease or now or later allowed by law or in equity. 14. NO WAIVER. 14.1 The failure of Landlord or Tenant to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease shall not be deemed a waiver by Landlord or Tenant of its right to such redress for a prior, concurrent or subsequent violation of the same or to subsequently insist upon strict performance of any other covenant or condition of this Lease. The receipt and acceptance by Landlord of rent with knowledge of any preceding breach by Tenant of any covenant, term or condition of this Lease shall not be deemed a waiver of such breach. No provision of this Lease and no default by Landlord or Tenant hereunder shall be deemed to have been waived by the other party unless such waiver is in writing and signed by the waiving party. 14.2 No payment by Tenant or receipt and acceptance by Landlord of a lesser amount than the Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 12 rent herein stipulated shall be deemed to be other than on account of the rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment of the rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such rent or pursue any other right or remedy provided herein or at law or in equity. 15. SUBORDINATION. 15.1 This Lease is and shall be subordinate to any encumbrance now of record or recorded after the date of this Lease affecting Landlord and the Premises. Such subordination is effective without any further act of Tenant. Tenant shall, from time to time upon request from Landlord, execute and deliver any documents or instruments that may be required by a lender to effectuate any such subordination. If Tenant fails to execute and deliver any such documents or instruments, Tenant irrevocably constitutes and appoints Landlord as Tenant’s special attorney in-fact to execute and deliver any such documents or instruments on its behalf. 16. Each party, within ten (10) days after notice from the other party, shall execute and deliver to the other party, in recordable form, a certificate stating that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and stating the modifications. The certificate also shall state the amount of Rent, the dates to which the Rent has been paid in advance, and the amount of any security deposit or prepaid Rent. Failure to deliver the certificate within the ten (10) days shall be conclusive upon the party failing to deliver the certificate for the benefit of the party requesting the certificate and any successor to the party requesting the certificate, that this Lease is in full force and effect and has not been modified except as may be represented by the party requesting the certificate. DAMAGE AND DESTRUCTION. 16.1 Tenant agrees to promptly notify Landlord of any damage to the Premises resulting from fire, earthquake or any other event beyond the control of Tenant (a “Casualty”). If a Casualty unreasonably disrupts Tenant’s access to the Premises, or Casualty results affects the structural elements of the Premises making the Premises unsafe to occupy and use, or a material Casualty occurs in the last ninety (90) days of this Lease, then either Landlord or Tenant may terminate this Lease by notice to the other. The Landlord will not be obligated in any manner whatsoever to repair any damage to the Premises caused by a Casualty. 16.2 The provisions of this Section 16 constitute an express agreement between Landlord and Tenant that applies in the event of any Casualty. Tenant and Landlord, therefore, fully waive the provisions of any statute or regulation, including California Civil Code Sections 1932(2) and 1933(4), for any rights or obligations concerning a Casualty. 17. EMINENT DOMAIN. 17.1 If the whole of the Premises shall be taken by eminent domain or disposed of under threat of an impending taking by eminent domain, by, or to, any public authority, this Lease shall cease and terminate one (1) day prior to the date legal title to the Premises shall vest in such authority. 17.2 If only a portion of the Premises is so taken or disposed of, Landlord or Tenant may, at its option, terminate this Lease by giving notice thereof to the other. Landlord and Tenant each hereby waive the provisions of California Code of Civil Procedure Section 1265.130, which Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 13 allows either party to a lease to petition the Superior Court to terminate the Lease in the event of a partial taking of the Premises. 17.3 In any of the foregoing cases, Landlord shall be entitled to all compensation and awards arising out of or in connection with such taking or disposition, including any portion thereof attributable to the value of the leasehold estate, except that nothing herein contained shall be deemed to prevent Tenant from recovering from the taking or acquiring authority compensation for the taking of any personal property or fixtures belonging to it or for interruption or damage to its business or for moving or other expenses, to the extent any of the same are compensable by law. 18. NOTICES. 18.1 Any notice, request, direction, instruction, demand, consent, authorization, waiver, approval or other communication required or permitted to be given hereunder shall not be effective unless it is given in writing and shall be delivered (a) by certified mail, postage prepaid, return receipt requested, or (c) by email, and addressed to the parties at the addresses stated below, or at such other address as either party may hereafter notify the other in writing as aforementioned: Landlord: City of Rancho Cucamonga 10500 Civic Center Drive Post Office Box 807 Rancho Cucamonga, California 91730 Attention: John Gillison, City Manager Tenant: Heather McGee Decauwer, President Alta Loma Riding Club P.O. Box 8116 Alta Loma, CA 91701 Service of any such notice or other communications so made shall be deemed effective on the day of actual delivery (whether accepted or refused), as shown by the addressee’s return receipt if by certified mail, and as confirmed by the courier service if by courier; provided, however, that if such actual delivery occurs after 5:00 p.m. (local time where received) or on a non- business day, then such notice or demand so made shall be deemed effective on the first business day immediately following the day of actual delivery. No communications via electronic mail or facsimile shall be effective to give any notice, request, direction, demand, consent, waiver, approval or other communications hereunder. 18.2 Tenant shall notify Landlord in writing within thirty (30) calendar days of any change in the composition of its Board of Directors, including appointments, resignations, or removals. Tenant shall also notify Landlord within the same timeframe of any changes to the Tenant’s official mailing address, phone number, or designated contact person. All such notifications shall be submitted in writing to the address set forth in Section 18.1 or as otherwise directed by the City in writing. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 14 19. MISCELLANEOUS. 19.1 Words of any gender used herein shall include any other gender, and singular words include the plural, and vice versa, and “person” includes persons, firms and corporations and all other types of entities and organizations, unless in each case the sense otherwise requires. The term “Landlord” shall mean the owner of the Premises at the relevant time. 19.2 Tenant, at any time and from time to time, at the request of Landlord, shall promptly execute, acknowledge and deliver to Landlord a certificate certifying (a) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications); and (b) that there are not then existing any offsets or defenses against the enforcement of any provision of this Lease except as therein specified. 19.3 Time is of the essence of the notice requirements and the obligations of the parties under this Lease. 19.4 If there are any covenants yet to be performed by Tenant as of the date of expiration or termination of the term hereof, including, without limitation, the payment of Taxes, Operating Costs and Rent under this Lease as of such date, such covenants shall survive the expiration or termination of the term hereof whether or not they are then known or determined. 19.5 This Lease contains the entire agreement between the parties hereto with respect to the subject matter hereof, and any purported agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of it in whole or in part unless such purported agreement is in writing and signed by the party against whom enforcement is sought. 19.6 This Lease shall be governed and interpreted in accordance with the laws of the state of California. 19.7 The unenforceability, invalidity or illegality of any provision of this Lease shall not render the other provisions unenforceable, invalid or illegal. 19.8 The section headings are inserted only as a matter of convenience and reference and in no way define, limit or describe the scope of any section of this Lease nor the intent of any of its provisions. 19.9 Each party represents to the other that it has not engaged or used the services of any broker, finder or salesperson in connection with this Lease. 19.10 This Lease may be executed in multiple counterparts each of which shall be deemed an original for all purposes. 19.11 Upon the expiration or earlier termination of this Lease for any reason, Tenant shall within three (3) business days following written request by Landlord, deliver to Landlord an executed, acknowledged and recordable quitclaim deed conveying to Landlord any and all interest Tenant may have under this Lease. 19.12 Nothing contained herein shall be deemed to limit, restrict, amend or modify, or to constitute a waiver or release of any ordinances, notices, orders, rules, regulations or requirements (now or hereafter enacted or adopted and/or as amended from time to time) of the City of Rancho Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 15 Cucamonga. For purposes of this Lease, and notwithstanding anything in this Lease which may be construed to the contrary, Landlord is acting in its capacity as an owner of property and not as a governmental agency. 19.13 Tenant shall pay all taxes and assessments, including any possessory interest tax, if any, levied by any governmental authority against, or that become a lien upon, its interest in this Lease or the Premises, prior to delinquency. Tenant acknowledges that this Lease may create an interest in the Premises that is subject to property taxes or assessments being levied thereon. 19.14 Recordation: Concurrently with its execution hereof, Tenant shall execute and deliver to Landlord, duly acknowledged, a counterpart of a Memorandum of Lease in the form attached hereto as Exhibit “C”. 20. ENVIRONMENTAL MATTERS. 20.1 The term “Hazardous Substance” shall mean any pollutant, contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, flammable, explosive, radioactive material, urea formaldehyde foam insulation, asbestos, PCB’s, or any other substances the removal of which is required, or the manufacture, production, generation, use, maintenance, disposal, treatment, storage, transfer, handling or ownership of which is restricted, prohibited, regulated or penalized by any federal, state, county, or municipal statutes or laws now or at any time hereafter in effect, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act (U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901, et seq.), the Federal Water Pollution Control Act (33 U.S.C. Sections 1251, et seq.), the Clean Air Act (42 U.S.C. Sections 7401, et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. Sections 2601, et seq.), and the Occupational Safety and Health Act (29 U.S.C. Sections 651, et seq.), as these laws have been amended or supplemented. 20.2 Tenant shall not use, or permit others to use, the Premises for the production, generation, manufacture, treatment, transportation, storage or disposal of any Hazardous Substance, whether or not in compliance with any and all applicable federal, state and local environmental laws, ordinances and regulations. Provided however, Tenant, without Landlord’s prior consent, shall be allowed (in strict compliance with all laws), to utilize ordinary quantities of Hazardous Substances customarily used in general office use and in compliance with the use of the Premises allowed herein (i.e., cleaning supplies, copier toner and similar items). Tenant shall immediately notify Landlord of (a) any release or discharge by Tenant or any other occupant of the Premises (or alleged release or discharge) of a Hazardous Substance, or (b) of any notice of violation or alleged violation of any law regarding any Hazardous Substance received by Tenant or any other occupant of the Premises. 20.3 Without limiting Tenant’s other obligations and liabilities hereunder, Tenant shall indemnify, defend and hold Landlord its officers, tenants and employees harmless, from and against any and all claims, damages, expenses, penalties, liabilities and costs resulting or arising from a breach of the covenant contained in Section 20.2. 20.4 The provisions of this Section 20 shall survive the expiration or termination of this Lease. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 16 IN WITNESS WHEREOF, and intending to be legally bound hereby, Landlord has caused this Lease to be executed on its behalf by a duly authorized officer, and Tenant has caused this Lease to be executed on its behalf by a duly authorized officer of Tenant, as of the day and year first written above. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 17 LANDLORD: CITY OF RANCHO CUCAMONGA, A California municipal corporation By: John Gillison, City Manager APPROVED AS TO FORM: By: Nick Ghirelli, City Attorney ATTEST: By: Kim Sevy, City Clerk TENANT: ALTA LOMA RIDING CLUB A California 501 c4 nonprofit public benefit corporation By: Heather McGee Decauwer, President By: Joe Cowan, City Liaison Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 18 EXHIBIT A DESCRIPTION OF PREMISES 5546 Beryl Street Parcel Number: 106164107-0000 The Equestrian Center (Premise) is a portion of Heritage Park (Property) defined as: CUCAMONGA HOMESTEAD ASSN THAT PTN LOTS 7 AND 8 BLK 14 LYING SELY OF THAT PTN DEEDED TO FLOOD CONTROL AS PARCEL A IN DOCUMENT RECORDED 8-31-81 BO 192190 EX THAT PTN. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 19 5 1 4 6 3 7 8 15 13 12 1 14 9 16 2 10 EXHIBIT B MAP OF PREMISES (NOT A BOUNDARY OF PREMISES) LEGEND HERITAGE COMMUNITY PARK 1. North Arena 2. South Arena 3. Shared Parking Lot 4. Hitch Area #1 5. Lunge Pen #1 6. Water Trough 7. Hitch Area #2 8. North Grandstands 9. South Grandstands 10. Lunge Pen #2 11. Hitch Area #3 12. Water Trough 13. Show Office 14. Storage 15. Rest Rooms 16. Kitchen Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 20 EXHIBIT C MEMORANDUM OF LEASE (The Rest of This Page Left Blank Intentionally) Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 21 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned Lessor declares that this Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383. Documentary Transfer Tax is $0.00, payable by Tenant. MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (this “Memorandum”) is dated as of ________, 2025 and is entered into by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (“Landlord’) and ALTA LOMA RIDING CLUB, a California 501 c4 nonprofit public benefit corporation (“Tenant”). RECITALS A. Landlord and Tenant executed that certain Lease dated substantially concurrently herewith (the “Lease”) affecting the land described in the Lease (“Leased Premise”) in the City of Rancho Cucamonga. B. Landlord and Tenant now desire to record this Memorandum in order to, among other things, comply with law requiring that municipal leases be recorded, give constructive notice of the existence of the Lease, and permit the Tenant to obtain title insurance for its leasehold estate if so desired. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. Ground Lease. Landlord has leased the Leased Premises to Tenant, and Tenant has leased the Leased Premises from Landlord, upon and subject to the terms and conditions set forth in the Lease. The Lease is hereby incorporated herein by this reference. IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum as of the date and year first above written. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 22 LANDLORD: CITY OF RANCHO CUCAMONGA, a municipal corporation By: Print Name: Title: TENANT: Alta Loma Riding Club, a nonprofit corporation By: Print Name: Title: Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 06/12/2025 Equine Insurance Specialists, LLC PO Box 12440 Lexington KY 40583-2440 Becky Gregory (800) 723-9414 (866) 207-6953 becky@insureyourhorse.com Alta Loma Riding Club P O Box 8116 Alta Loma CA 91701 American Reliable Insurance Company 19615 2025-2026 A Y N AFR0000064078 07/25/2025 07/25/2026 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 This certificate of insurance neither affirmatively nor negatively amends, extends, or alters the coverage afforded by policy number AFR0000064078 issued by American Reliable Insurance Company. City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga CA 91730 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8044P1019 A Stock Insurance Company 3800 N. Central Avenue, Ste 400 Phoenix, AZ 85012 1-800-365-0398 FARM AND EQUINE POLICY We welcome you as a policyholder to American Reliable Insurance Company Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8044P1019 In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. Secretary Executive Vice President Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 IMPORTANT INFORMATION KEEP WITH YOUR POLICY. - CLAIMS – TO REPORT A CLAIM, CALL 1-888-717-8090 AS SOON AS POSSIBLE AFTER THE LOSS. *Always have your Policy Number available when reporting a claim. A8086M1001 IMPORTANT INFORMATION KEEP WITH YOUR POLICY. - CLAIMS – TO REPORT A CLAIM, CALL 1-888-717-8090 AS SOON AS POSSIBLE AFTER THE LOSS. *Always have your Policy Number available when reporting a claim. A8086M1001 IMPORTANT INFORMATION KEEP WITH YOUR POLICY. - CLAIMS – TO REPORT A CLAIM, CALL 1-888-717-8090 AS SOON AS POSSIBLE AFTER THE LOSS. *Always have your Policy Number available when reporting a claim. A8086M1001 Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 ECM Insurance Group PRIVACY NOTICE Privacy Notice To Our Customers: ECM Insurance Group (ECM) and each member of the ECM Insurance Group family of companies (an “Affiliate”) strongly believe in protecting the confidentiality and security of information we collect about you. We want to assure you that ECM and its affiliates referred to as “we,” “us,” and “our” will continue to protect your interests and privacy in utmost good faith. In accordance with state and federal law, this notice describes our privacy policy and describes how we treat the “Information” we receive about you. Why We Collect and How We Use Information: We collect and use Information for business purposes with respect to our insurance and other business relationships involving you. These business purposes include underwriting insurance services, evaluating and settling of claims, administering our products and services, and processing billing transactions requested by you. We may also use Information to offer you other products or services we provide. How We Collect Information: We collect only the Information we believe necessary to effectively transact our insurance related business with you. This Information is obtained as follows: * Information from you on insurance applications, forms or from your Independent Insurance Agent. * Information from your transactions with us, such as your billing and payment history, underwriting and claim documents. * Information from outside vendors such as your driving record and claims history. * Information from consumer reporting agencies, such as your credit history. Information Disclosure: We do not disclose any non-public personal Information about our current or former individual customers or claimants to any non- affiliated third party other than those permitted by law and only for the purpose of transacting the business of your insurance coverage or your claim. That means we may, if necessary, share Information about you without your consent to:  Our affiliated companies;  Your independent agent or broker;  Parties who perform an insurance function for us, including our reinsurance companies;  Independent claims adjusters, appraisers, investigators, medical professionals, other insurance companies, and attorneys who need the information to investigate, defend, or settle a claim involving you;  Insurance support organizations which are established to collect information for the purpose of detecting and preventing insurance fraud;  Insurance regulatory agencies in connection with the regulation of our business;  Law enforcement or other governmental authorities;  Certificateholders or policyholders for the purpose of providing information regarding the status of an insurance transaction; or  Lienholders, mortgagees, lessors or other persons shown on our records as having a legal or beneficial interest in your policy or acting in a fiduciary or representative capacity on your behalf. How We Protect Information: We treat Information in a very confidential manner. Our employees are required to protect the confidentiality of Information and may only access Information when there is an appropriate business reason to do so, such as to administer or offer our products and services. We also maintain physical, electronic and procedural safeguards to protect Information. We continually review our policies and practices, monitor our electronic firewalls and test the strength of our security in order to help us ensure the privacy of our customer Information. And finally, should your relationship with us end, your personal Information will remain protected in accordance with our privacy practices as outlined in this Privacy Notice. ECMPN0601 Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 This Privacy Notice is being provided on behalf of the following ECM Insurance Group Affiliated Companies: Everett Cash Mutual Insurance Company 1st Choice Advantage Insurance Company, Inc. American Reliable Insurance Company Ever-Greene Mutual Insurance Company If you have any questions or would like additional information, please contact your agent or broker, or contact ECM at: Privacy Coordinator ECM Insurance Group 10591 Lincoln Highway P.O. Box 347 Everett, PA 15537 (1-800-326-4968) (www.everettcash.com) Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 NOTICE OF INSURANCE INFORMATION PRACTICES CONSUMER RIGHTS NIIP0115 Is personal information collected from persons other than individuals proposed for coverage? • We get most of our information directly from you. • In most cases, the application you complete gives us all the information we need to evaluate you or your prop erty for insurance. • In some insurance transactions, we may not be able to get all of the information we need directly from you. In that case, we may obtain information from outside sources at our own expense. Types of information we may collect and how we gather it: • From you (or provided to us on your behalf) on applications and other forms you submit to us; for example: your name, address , social security number, telephone number, employer, and income. • For your transactions with our companies or other nonaffiliated parties; for example: your name, address, telephone number, age, credit card use, insurance coverage, transaction history, claims history, and premiums. • From consumer reporting agencies, public records and data collection agencies; for example: your obligations with others and your creditworthiness. • From you when you enroll, request a service, or file a claim on one of our websites; for example: your name, address, contrac t number, credit card issuer and account number, personal identification number, email address, service contract and claim information. • In some cases, from your visits to our Internet websites; for example: session number and user ID. By reviewing the legal not ice, terms of use, site agreement or similar named link appearing on any of our websites that you visit, you may learn of any “cookies” utilized by us and of any additional information that may be collected from you on that site. Access to recorded personal information Upon your written request and submission of proper identification: • Within 30 business days of the receipt of your request to access to your recorded personal information, Global Indemnity will inform you of the nature and substance of the recorded personal information. • You have the right to see and copy personal information in person or obtain a copy by mail. The information must be reasonably described by you and reasonably locatable and retrievable by us. Any information we provide you will be in plain language. • If recorded, we will disclose the identity of those persons or institutional sources who gave us information within two (2) years prior to your request. If not recorded, we will disclose the names of those to whom such information is normally disclosed. • You may request correction, amendment, or deletion of recorded personal information by submitting written request to Global Indemnity. • We may charge a reasonable fee to cover the costs incurred in providing you a copy of recorded information; Request to correct, amend, or delete recorded personal information Within 30 business days from the date of receipt of your written request to correct, amend, or delete any recorded personal i nformation, we must: 1. Correct, amend or delete the portion of the recorded personal information in dispute; or 2. Notify you of our refusal to make the correction, amendment or deletion, and the reason(s) for the refusal, and your right to file a statement if you disagree. If we refuse to make a correction, amendment or deletion: 1. You have the right to file a concise statement with us. Your statement: (a) must set forth what you believe to be the correct, relevant, or fair information, and (b) explain why you disagree with our refusal. 2. We will file your statement with any disputed personal information an d make it accessible so that anyone reviewing the information will be cognizant of your statement. 3. Furthermore, your statement will be with any subsequent disclosure. If the information is corrected, the correction will be in writing and provided to you, any person who may have received the incorrect information within the preceding two years, any insurance-support organization that received the information within the preceding seven years, and any insurance support organization that furnished the personal information that has been corrected, amended or deleted. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 NIIP0115 Disclosure of personal or privileged information We will not disclose any personal or privileged information about you in connection with this insurance transaction without y our written authorization unless we provide you with a form or statement that: 1. is written in plain language; 2. is dated; 3. specifies the types of persons authorized to disclose information about you; 4. specifies the nature of the information authorized to be disclosed; 5. names the insurance company or agent to whom you are authorizing the information to be disclosed; 6. specifies the purpose(s) for which the information is collected; 7. specifies the length of time your authorization remains valid [ not to exceed thirty (30) months (24 months in MT; 24 months in VA if the application or request involves property and casualty insurance) from the date of authorization]; and 8. states that you or any person authorized to act on your behalf is entitled to receive a copy of an y authorization form or statement. We will not disclose any personal or privileged information in connection with this insurance transaction, unless the disclos ure is reasonably necessary and meets one of the following descriptions: 1. To enable an insurance company to perform a business, professional or insurance related function and such insurance company agrees not to disclose the information further without your written authorization unless the further disclosure (a) would be otherwi se permitted by the Insurance Information and Privacy Protection Act; or (b) would be necessary for the insurance company to perform its function. 2. To enable the insurance company to (a) determine your eligibility for an insurance benefit or payment; or (b) detect or preve nt criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with an insurance transaction. 3. To an insurance institution, agent, insurance-support organization, or self-insurer, provided the information disclosed is reasonably necessary and limited to (a) detect or prevent criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with insurance transactions; or (b) for either the disclosing or receiving insurance institution, agent or insurance -support organization to perform its function in connection with an insurance transaction involving you. 4. To an insurance regulatory authority. 5. To a law enforcement or other governmental authority (a) to protect the interests of the insurance institution, a gent or insurance-support organization in preventing or prosecuting the perpetration of fraud; or (b) if the insurance institution, agent or insurance -support organization reasonably believes that illegal activities have been conducted by the individual. 6. To an actuarial or research study, provided that (a) no individual may be identified in any actuarial or research report; (b) materials allowing the individual to be identified are returned or destroyed as soon as they are no longer needed; and (c) the actu arial or research organization agrees not to disclose the information unless the disclosure would be permitted by the Insurance Information and Privacy Protection Act if made by an insurance institution, agent, or insurance-support organization. 7. To a person whose only use of such information will be in connection with the marketing of a product or service, provided that (a) no, privileged information, or personal information relating to an individual’s character, personal habits, mode of living, or ge neral reputation is disclosed, and no classification derived from such information is disclosed; (b) you have been given an opportunity to indica te that you do not want personal information disclosed for marketing purposes and have given no indication that you d o not want the information disclosed; and (c) the person receiving such information agrees not to use it except in connection with the marketing of a pr oduct or service. 8. To an affiliate whose only use of the information will be in connection with an audit of the insurance institution or agent or the marketing of an insurance product or service, provided the affiliate agrees not to disclose the information for any other purpose or to un affiliated persons. 9. To a group policyholder for the purpose of reporting claims experience or conducting an audit of the insurance institution’s or agent’s operations or services, provided the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit. 10. To a certificate holder or policyholder for the purpose of providing information regarding the status of an insurance transaction. 11. To a lien holder, mortgagee, assignee, lessor, or other person shown on the records of an insurance institution or agent as h aving legal or beneficial interest in a policy of insurance. 12. To authorized personnel of the Division of Motor Vehicle. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8047D1218 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: Account Number: Named Insured and Address: POLICY PERIOD: At 12:01 A.M. Standard Time at the address of the Named Insured. From: To: AMERICAN RELIABLE INSURANCE COMPANY 3800 N. Central Avenue, Ste 400 Phoenix, AZ 85012 (A Stock Insurance Company) FARM AND EQUINE COMMON POLICY DECLARATIONS Type Of Operation: Agency Number: Agency Name and Address: Form Of Business: Payment Plan: Direct Bill Agency Bill Audit Period: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PART OR PARTS FOR WHICH A PREMIUM IS INDICATED. Premium Farm Property .................................................................................................................................................................. $ ______________________ Farm Liability ................................................................................................................................................................... $ _____________________ CGL Farm Liability .......................................................................................................................................................... $ ______________________ Farm Inland Marine ......................................................................................................................................................... $ ______________________ _____________________________________________________________________________________________ $ _____________________ _____________________________________________________________________________________________ $ ______________________ _____________________________________________________________________________________________ $ ______________________ Premium Total: $ _____________________ Other Charges ................................................................................................................................................................. $ ______________________ Total: $ ______________________ Forms and Endorsements: Countersigned: _______________________________________________ By _____________________________________________________ Date Authorized Representative AML106228 07 ALTA LOMA RIDING CLUB PO BOX 8116 ALTA LOMA, CA 91701 07-25-2024 07-25-2025 Horses EQUINE INSURANCE SPECIALISTS, LLC PO BOX 12440 8222-0002 Other LEXINGTON, KY 40583-2440 X 688.00 688.00 0.00 688.00 AE8052D, Refer to Form AE8204M Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8204M0716 POLICY NUMBER: AML106228 07 AMERICAN RELIABLE INSURANCE COMPANY FARM AND EQUINE POLICY SCHEDULE OF FORMS AND ENDORSEMENTS FORM NUMBER/EDITION DATE TITLE/DESCRIPTION AE8044P 1019 FARM AND EQUINE POLICY A8086M 1001 CLAIM SLIP ECMPN 0601 ECM INSURANCE GROUP PRIVACY NOTICE NIIP 0115 NOTICE OF INSURANCE INFORMATION PRACTICES CONSUMER RIGHTS AE8047D 1218 FARM AND EQUINE COMMON POLICY DECLARATIONS AE8205M 0716 SCHEDULE OF INSURED LOCATIONS AE8052D 0716 CGL FARM LIABILITY DECLARATIONS CG2024 0413 ADDITIONAL INSURED - OWNERS OR OTHER INTERESTS FROM WHOM LAND HAS BEEN LEASED CG2101 1185 EXCLUSION - ATHLETIC OR SPORTS PARTICIPANTS AE8947E 0716 AMENDATORY ENDORSEMENT - OTHER INSURANCE PROVISIONS AE8944E 0716 ASBESTOS EXCLUSION AE8948E 0716 LEAD LIABILITY EXCLUSION AE8949E 0716 OIL, GAS, MINERAL OR GEOTHERMAL EXPLORATION EXCLUSION AE8962E 0716 TRANSPORTATION OF FARM CHEMICALS OR FERTILIZER ENDORSEMENT FL0116 0994 EXCLUSION – MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT FL1001 0994 EXCLUSION – EMPLOYMENT–RELATED PRACTICES FL1050 1006 EXCLUSION – SILICA OR SILICA–RELATED DUST AE8953E 0716 CHEMICAL DRIFT LIABILITY AMENDATORY ENDORSEMENT AE8954E 0716 EXCLUSION - COVERAGE C MEDICAL PAYMENTS - DESIGNATED PERSON(S) CG0001 0413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG2002 1185 ADDITIONAL INSURED - CLUB MEMBERS CG2132 0509 COMMUNICABLE DISEASE EXCLUSION CG2146 0798 ABUSE OR MOLESTATION EXCLUSION CG2147 1207 EMPLOYMENT-RELATED PRACTICES EXCLUSION Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8204M0716 CG2165 1204 TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING, COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION CG2167 1204 FUNGI OR BACTERIA EXCLUSION CG2254 1185 EXCLUSION - LOGGING AND LUMBERING OPERATIONS FRP023 1214 FARM ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY EXCLUSIONS ADVISORY NOTICE TO POLICYHOLDERS FL0411 1006 BASIC FARM PREMISES LIABILITY CG2173 0115 EXCLUSION OF CERTIFIED ACTS OF TERRORISM IL0003 0908 CALCULATION OF PREMIUM IL0017 1198 COMMON POLICY CONDITIONS IL0021 0908 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) ILP001 0104 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS IL0270 1219 CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL ILN018 0122 CALIFORNIA FRAUD STATEMENT Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8205M0716 POLICY NUMBER: AML106228 07 AMERICAN RELIABLE INSURANCE COMPANY FARM AND EQUINE POLICY SCHEDULE OF INSURED LOCATIONS “Insured Locations” Location No. Acreage “Insured Location" Address and/or Complete Legal Description 1 1 PRIMARY LOCATION, PO BOX 8116, RANCHO CUCAMONGA, CA, 91701, SAN BERNARDINO Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AMERICAN RELIABLE INSURANCE COMPANY FARM AND EQUINE POLICY CGL FARM LIABILITY DECLARATIONS Policy Number: AML106228 07 Account Number: AE8052D0716 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 3 Policy Period: At 12:01 A.M. Standard Time at the address of the Named Insured. From:07-25-2024 Named Insured and Address: ALTA LOMA RIDING CLUB PO BOX 8116 ALTA LOMA, CA 91701 To:07-25-2025 Type Of Operation: Horses Agency Number: 8222-0002 Agency Name and Address: EQUINE INSURANCE SPECIALISTS, LLC PO BOX 12440 LEXINGTON, KY 40583-2440 Payment Plan X Direct Bill Agency Bill IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Form Of Business: Individual Joint Venture Partnership Limited Liability Company Trust Corporation X An Organization (other than a Corporation, Joint Venture, Limited Liability Company, Trust or Partnership) Coverage Limit of Insurance General Aggregate Limit $2,000,000 Other than Products-Completed Operations Products-Completed Operations Aggregate Limit $2,000,000 A – Bodily Injury and Property Damage Limit $1,000,000 Each Occurrence Limit B – Personal and Advertising Injury Limit $1,000,000 Any One Person or Organization A – Damage to Premises Rented to You Limit $100,000 Any One Premises C – Medical Payments Limit $5,000 Any One Person M – Chemical Drift $25,000 Transportation of Farm Chemicals $25,000 Miscellaneous Coverage(s) Limit $ CARE, CUSTODY OR CONTROL $ $ Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AMERICAN RELIABLE INSURANCE COMPANY FARM AND EQUINE POLICY CGL FARM LIABILITY DECLARATIONS Policy Number: AML106228 07 Account Number: AE8052D0716 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 2 of 3 All premises you own, rent or occupy are listed below: Location Number: Description Address Of All Premises You Own, Rent Or Occupy See Form AE8205M All known exposures at the beginning of the policy period have been identified below: CLASSIFICATION DEDUCTIBL E CODE PREMIUM BASIS*RATE ADVANCE PREM. MEDICAL PAYMENTS N/A u 1 $31 $31 RIDING CLUBS N/A 14100 u $657 *(m) Admissions; (a) Area; (s) Gross Sales; (p) Payroll; (c) Total Cost; (u) Units; (o) Total Operating Expense; and (t) Other - see notes Additional Coverages: Refer to Form AE8204M FL 04 11 Basic Farm Premises Liability Coverage A – Bodily Injury and Property Damage Liability is amended as follows, paragraph 5.r.(3) Saddle animals, items (a) and (b) do not apply. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AMERICAN RELIABLE INSURANCE COMPANY FARM AND EQUINE POLICY CGL FARM LIABILITY DECLARATIONS Policy Number: AML106228 07 Account Number: AE8052D0716 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 3 of 3 Premium CGL Farm Liability Premium*:$ 688 Total Premium (excluding Other Charges):$ 688 *Subject to Audit Forms, endorsements and schedules that are part of this coverage: Refer to Form AE8204M Countersigned: __________________________________ By: _____________________________________ Authorized Representative Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 24 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 24 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – OWNERS OR OTHER INTERESTS FROM WHOM LAND HAS BEEN LEASED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s) Designation Of Premises (Part Leased To You) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. AML106228 CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CA, 91730 LAND OWNER Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 01 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 oo EXCLUSION – ATHLETIC OR SPORTS PARTICIPANTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Description of Operations: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to any operations shown in the Schedule, this insurance does not apply to "bodily injury" to any person while practicing for or participating in any sports or athletic contest or exhibition that you sponsor. AML106228 HUNTS, TRACK & MATCH RACING, RODEO EVENTS WITH ROUGH STOCK, VAULTING, POLO MATCHES AND PRACTICES, WAGON OR CARRIAGE RACES AND JOUSTING. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8947E0716 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AMERICAN RELIABLE INSURANCE COMPANY AMENDATORY ENDORSEMENT – OTHER INSURANCE PROVISIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY FARM PROPERTY FARM INLAND MARINE FARM LIABILITY A. For the purpose of this endorsement, under the Other Insurance and Other Insurance And Service Agreements of the Coverage Forms shown above, the following is added: If the same “occurrence” is covered under more than one policy issued by us or any company affiliated with us, the following applies: 1. The maximum Limit of Insurance that applies under all policies in the aggregate shall not exceed the highest applicable per occurrence limit which applies under any one policy. 2. We will not provide coverage under the Commercial General Liability or Farm Liability Coverage Forms after the Aggregate Limit of Insurance that applies under any one policy: a. Has been exhausted; or b. Would have been exhausted had all claims been submitted under one policy instead of being submitted under two or more policies. This provision does not apply to a policy issued by us or any company affiliated with us specifically to apply as excess over this Coverage Form. All other terms, conditions, exclusions and agreements of the policy shall remain unchanged. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8944E0716 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AMERICAN RELIABLE INSURANCE COMPANY ASBESTOS EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM FARM LIABILITY COVERAGE FORM A. Under SECTION I COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, in the Commercial General Liability Coverage Form, Paragraph 2. Exclusions, and under SECTION I COVERAGES, COVERAGE H – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, in the Farm Liability Coverage Form, Paragraph 2. Exclusions, the following Exclusion is added: This insurance does not apply to: “Asbestos” 1. "Bodily injury" or "property damage" arising out of “asbestos” or any asbestos-related bodily injury or property damage including, but not limited to, those arising out of or alleged to have arisen out of any act, error, omission, failure to warn or failure to disclose the presence of “asbestos”, or other duty involving “asbestos”, its use, exposure, existence, detection, removal, elimination or avoidance. 2. Asbestos-Related cost or expense. Any loss, cost or expense arising out of any: (a) Request, demand or order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of “asbestos”; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, “asbestos”. B. Under SECTION V – DEFINITIONS, in the Commercial General Liability Coverage Form, and under SECTION IV – DEFINITIONS, in the Farm Liability Coverage Form, the following Definition is added: 1. “Asbestos” means the mineral in any form whether or not the “asbestos” was at any time: a. Airborne as a fiber, particle or dust; b. Contained in or formed a part of a product, structure or other real or personal property; c. Carried on clothing; d. Inhaled or ingested; or e. Transmitted by any other means. All other terms, conditions, exclusions and agreements of the policy shall remain unchanged. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8948E0716 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AMERICAN RELIABLE INSURANCE COMPANY LEAD LIABILITY EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ THIS CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM FARM LIABILITY COVERAGE FORM Under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, in the Commercial General Liability Coverage Form, and under SECTION I – COVERAGES, COVERAGE H – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, in the Farm Liability Coverage Form, the following exclusion is added: This insurance does not apply to: Lead a. Actual or alleged “bodily injury” that results directly or indirectly from the ingestion, inhalation or absorpti on of lead in any form; b. Actual or alleged “property damage” that results directly or indirectly from any form of lead; c. Any loss, cost or expense arising out of any request, demand or order that any insured (“insured”) or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of lead; or d. Any loss, cost or expense arising out of any claim or suit by or on behalf of any governmental authority for damages resultin g from testing for, monitoring cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of lead. All other terms, conditions, exclusions and agreements of the policy shall remain unchanged. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8949E0716 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AMERICAN RELIABLE INSURANCE COMPANY OIL, GAS, MINERAL OR GEOTHERMAL EXPLORATION EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAG E PART FARM LIABILITY COVERAGE PART A. The following exclusions are added to Paragraph 2. Exclusions under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY of the Commercial General Liability Coverage Form, and under SECTION I – COVERAGES, COVERAGE H – BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE I – PERSONAL AND ADVERTISING INJURY LIABILITY of the Farm Liability Coverage Form: This insurance does not apply to: 1. "Bodily injury", “property damage" or “personal and advertising injury” arising out of the emission, discharge, disposal, release or escape of drilling fluid, “hydraulic fracturing” material, oil, gas or other fluids that are held for use in, used for or have been produced from any oil, gas, mineral or geothermal well. 2. "Bodily injury", "property damage" or “personal and advertising injury” caused by radioactivity that arises out of the drilling, “hydraulic fracturing” or operation of any oil, gas, mineral or geothermal well. 3. Any costs or expense incurred by you or at your request or by or at the request of any "co-owner of the working interest" in connection with controlling or bringing under control any oil or gas well; 4. "Property damage" included within the "underground resources and equipment hazard"; 5. The cost of reducing any property included within the "underground resources and equipment hazard" to physical possession above the surface of the earth or of any body of water, or to the expense incurred or rendered necessary to prevent or minimize "property damage" to other property resulting from acts or omissions causing "property damage" included within the "underground resources and equipment hazard"; or 6. Damages claimed by any "co-owner of the working interest". 7. “Bodily injury", "property damage" or “personal and advertising injury” arising out of “oil or gas well operations” other than as described in items 1. through 6. above. 8. “Bodily injury", "property damage" or “personal and advertising injury” arising out of: a. The settling, cracking, shrinking, bulging or expansion of pavement, retaining walls, foundations, walls, floors, roofs or ceilings; or b. Earth movement, including: (1) Earthquake, aftershocks of an earthquake, landslide or mudflow; (2) Subsidence, erosion or the sinking, rising, shifting, settling, collapse, slipping, falling away, tilting, cracking, caving in, expanding or contracting of earth; (3) Any earth movement resulting from the injection into or removal from the earth of any liquids or mixtures; or (4) Any earth movement resulting from water combining with the ground or soil or water leaving the ground or soil. B. The following definitions are added to SECTION V – DEFINITIONS under the Commercial General Liability Coverage Form, and to SECTION IV – DEFINITIONS under the Farm Liability Coverage Form: 1. "Co-owner of the working interest" means any person or organization that is, with you, a co-owner, joint venture or mining partner in mineral properties who: a. Participates in the operating expense of such properties; or b. Has the right to participate in the control, development or operation of such properties. 2. “Hydraulic fracturing” means a technique used to stimulate production of oil and gas after a well has been drilled. It consists of injecting a mixture of water, sand, and chemical additives through a well drilled into an oil- or gas- bearing rock formation, under high but controlled pressure. 3. “Oil or gas well operations” means the drilling, development, ownership, leasing, maintenance, use, operation, retrofitting, monitoring, existence or capping of any oil or gas well (and any well's equipment, devices, storage or pipelines), whether the well was developed using hydraulic fracturing or with any other method. 4. "Underground resources and equipment hazard" includes "property damage" to any of the following: a. Oil, gas or other mineral substances which have not been reduced to physical possession above the surface of the earth or above the surface of any body of water; b. Any well, hole, formation, strata, or area in or through which exploration for or production of any substance is carried on; or c. Any casing, pipe, bit, tool, pump, or other drilling or well servicing machinery or equipment located beneath the surface of the earth in any such well or hole or beneath the surface of any body of water. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8962E0716 Includes copyrighted material of Insurance Service Offices, Inc., with its permission. Page 1 of 3 AMERICAN RELIABLE INSURANCE COMPANY TRANSPORTATION OF FARM CHEMICALS OR FERTILIZER COVERAGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM FARM LIABILITY COVERAGE FORM Transportation Of Farm Chemicals Or Fertilizer Liability Coverage is added to the listed Coverage Forms as described and limited below. A. Transportation Of Farm Chemicals Or Fertilizer Bodily Injury Or Property Damage Liability Coverage 1. Insuring Agreement a. We will pay those sums that the "insured" becomes legally obligated to pay as damages for “bodily injury” or “property damage” if the injury was caused by discharge, dispersal, release or escape of farm chemicals or fertilizers while being transported by the “insured” with an “auto”, “mobile equipment” or “motor vehicle”. This coverage applies only to “bodily injury” or “property damage” that occurs during the policy period. The “bodily injury” or “property damage” must be caused by an "occurrence". The "occurrence" must take place in the "coverage territory". b. We will have the right and duty to defend the insured against any "suit" seeking damages for covered “bodily injury” or “property damage”. However, we will have no duty to defend the insured against any "suit" seeking damages for “bodily injury” or “property damage” to which this insurance does not apply. We may at our discretion investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described below in C. Aggregate Limit of Insurance; and (2) Our right and duty to defend end when we have used up the applicable Aggregate Limit of Insurance in the payment of judgments or settlements under Transportation of Farm Chemicals or Fertilizer Bodily Injury Or Property Damage Liability Coverage. c. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I – COVERAGES, ADDITIONAL COVERAGES, Paragraph 1. Supplementary Payments – Coverages H And I, in the Farm Liability Coverage Form or SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B, Paragraph 1. in the Commercial General Liability Coverage Form. B. Exclusions 1. Transportation Of Farm Chemicals Or Fertilizer Bodily Injury Or Property Damage Liability Coverage does not apply to: a. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any “insured” or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of "pollutants"; or (2) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of, chemicals, liquids or gases. However, this paragraph does not apply to liability for damages the “insured” would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. b. “Bodily injury” or “property damage” arising out of any “farming” operations which are in violation of an ordinance or law; c. “Bodily injury” or “property damage” expected or intended from the standpoint of the “insured”; d. “Bodily injury” or “property damage” for which the “insured” is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract", provided the “bodily injury” or “property damage” occurs subsequent to the execution of the contract or agreement; or (2) That the “insured” would have in the absence of the contract or agreement. With respect to Transportation Of Farm Chemicals Or Fertilizer Bodily Injury Or Property Damage Liability Coverage, the "insured contract" definition is amended by deleting and replacing Paragraph e. of in the Farm Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8962E0716 Includes copyrighted material of Insurance Service Offices, Inc., with its permission. Page 2 of 3 Liability Coverage Form and Paragraph f. of the Commercial General Liability Coverage Form with the following: e./f. That part of a contract or agreement pertaining to your "farming" operations (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay a third person or organization for “bodily injury” and “property damage”. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. However, this insurance does not include that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; e. “Bodily injury” or “property damage” to property you own, rent or borrow; f. Application of farm chemicals or fertilizer during normal and usual “farming” operations; g. Transportation of farm chemicals or fertilizer in violation of any ordinance or law; or h. Application or Transportation of farm chemicals or fertilizer if you are in the business of application or transportation of farm chemicals or fertilizer. C. Aggregate Limit Of Insurance 1. With respect to Transportation Of Farm Chemicals Or Fertilizer Liability Aggregate Limit is the most we will pay for all loss or damage due to “bodily injury” or “property damage” under this endorsement. The Transportation Of Farm Chemicals Or Fertilizer Liability Aggregate Limit is $25,000 unless a higher limit is shown on the Declarations. 2. The Aggregate Limit of Insurance applies separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Aggregate Limit of Insurance. 3. The Aggregate Limit of Insurance is the most we will pay for the applicable period of time as described in Paragraph 3. above, regardless of the number of: a. "Occurrences"; b. "Insureds"; c. Claims made or "suits" brought; or d. Persons or organizations making claims or bringing "suits". D. Conditions The following Condition is added: With respect to the coverage provided by this endorsement, knowledge of “bodily injury” or “property damage” will be deemed to have occurred at the earliest of the following: 1. When a claim or “suit” is brought alleging “bodily injury” or “property damage” and is received by an “insured” or any employee who is authorized to give or receive notice of a claim or “suit”; 2. When any “insured” or employee who is authorized to give or receive notice of a claim or “suit”, reports “bodily injury” or “property damage” to us, our agent or any other insurer; or 3. When any “insured” or employee who is authorized to give or receive notice of a claim or “suit”, becomes aware of an “occurrence of “bodily injury” or “property damage” may have occurred or is occurring. E. Definitions Words and phrases that appear in quotation marks in this endorsement have special meaning as defined in SECTION IV – DEFINITIONS in the Farm Liability Coverage Form and under SECTION V – DEFINITIONS in the Commercial General Liability Coverage Form, unless otherwise defined below: 1. Definitions a. “Auto” means: (1) A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or (2) Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. b. “Coverage territory” means: (1) The United States of America (excluding Alaska and Hawaii); (2) Canada; and (3) Puerto Rico. c. “Custom Farming” means performance of specific planting, cultivating, harvesting or similar specific "farming" operations by an "insured", at a farm that is not an "insured location", when the performance is for, and under the direction or supervision of, the owner or operator of the farm or the authorized representative of the owner or operator. But "custom farming" does not mean: (1) Operations conducted at a premises rented to, leased to or controlled by an "insured"; (2) Operations for which no compensation in money or goods is received; or (3) A neighborly exchange of services. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8962E0716 Includes copyrighted material of Insurance Service Offices, Inc., with its permission. Page 3 of 3 d. “Farming” means the operation of an agricultural or aquacultural enterprise, and includes the operation of roadside stands, on your farm premises, maintained solely for the sale of farm products produced principally by you. Unless specifically indicated in the Declarations, "farming" does not include: (1) Retail activity other than that described above; or (2) Mechanized processing operations. e. “Motor Vehicle” means: (1) A motorized land vehicle, trailer or semi-trailer; (a) Designed for travel on public roads; or (b) Used on public roads; unless it qualifies as “mobile equipment”. f. “Suit” means a civil proceeding in which damages because of “bodily injury” or “property damage” to which this insurance applies are alleged. "Suit" includes: (1) An arbitration proceeding in which such damages are claimed and to which the “insured” must submit or does submit with our consent; or (2) Any other alternative dispute resolution proceeding in which such damages are claimed and to which the “insured” submits with our consent. All other terms, conditions, exclusions and agreements of the policy shall remain unchanged. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 FARM FL 01 16 09 94 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FL 01 16 09 94 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 1 EXCLUSION – MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT This endorsement modifies insurance provided under the following: FARM LIABILITY COVERAGE FORM FARM EMPLOYERS LIABILITY AND FARM EMPLOYEES MEDICAL PAYMENTS INSURANCE ENDORSEMENT BASIC FARM PREMISES LIABILITY ENDORSEMENT BROAD FARM PREMISES LIABILITY ENDORSEMENT This insurance does not apply to damages awarded under: A. The Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sections 1801 et seq.) (hereinafter "MSAWPA"); B. Any law, due to violation of the MSAWPA; or C. Any regulation promulgated pursuant to the MSAWPA. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 FARM FL 10 01 09 94 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FL 10 01 09 94 Copyright, Insurance Services Office, Inc., 1989, 1993 Page 1 of 1 EXCLUSION – EMPLOYMENT-RELATED PRACTICES This endorsement modifies insurance provided under the following: FARM LIABILITY COVERAGE FORM PERSONAL LIABILITY ENDORSEMENT FARM EMPLOYERS LIABILITY AND FARM EMPLOYEES MEDICAL PAYMENTS INSURANCE ENDORSEMENT A. The following exclusion is added to the Exclusions under: 1. Coverage H in the Farm Liability Coverage Form; 2. Coverage A in the Personal Liability Endorse- ment; and 3. Farm Employers Liability (Section I) in the Farm Employers Liability and Farm Employees Medical Payment Insurance Endorsement: This insurance does not apply to "bodily injury" to: a. A person arising out of any: (1) Refusal to employ that person; (2) Termination of that person's employ- ment; or (3) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, hu- miliation or discrimination directed at that person; or b. The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in paragraphs (1), (2) or (3) above is directed. This exclusion applies: a. Whether the "insured" may be liable as an employer or in any other capacity; and b. To any obligation to share damages with or repay someone else who must pay damag- es because of the injury. B. The following exclusion is added to the Exclusions under: 1. Coverage I in the Farm Liability Coverage Form; and 2. Coverage B in the Personal Liability Endorse- ment: This insurance does not apply to "personal in- jury" to: a. A person arising out of any: (1) Refusal to employ that person; (2) Termination of that person's employ- ment; or (3) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, hu- miliation or discrimination directed at that person; or b. The spouse, child, parent, brother or sister of that person as a consequence of "per- sonal injury" to that person at whom any of the employment-related practices described in paragraphs (1), (2) or (3) above is di- rected. This exclusion applies: a. Whether the "insured" may be liable as an employer or in any other capacity; and b. To any obligation to share damages with or repay someone else who must pay damag- es because of the injury. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 FARM FL 10 50 10 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FL 10 50 10 06 © ISO Properties, Inc., 2005 Page 1 of 2 EXCLUSION – SILICA OR SILICA-RELATED DUST This endorsement modifies insurance provided under the following: FARM LIABILITY COVERAGE FORM PERSONAL LIABILITY ENDORSEMENT A. The following exclusion is added to: 1. Paragraph 2. Exclusions of Section I – Cov- erage H – Bodily Injury And Property Dam- age Liability in the Farm Liability Coverage Form; and 2. Paragraph A.2. Exclusions of Coverage A – Bodily Injury And Property Damage Liability in the Personal Liability Endorsement: 2. Exclusions This insurance does not apply to: SILICA OR SILICA-RELATED DUST a. "Bodily injury" arising, in whole or in part, out of the actual, alleged, threat- ened or suspected inhalation of, or in- gestion of, "silica" or "silica-related dust". b. "Property damage" arising, in whole or in part, out of the actual, alleged, threat- ened or suspected contact with, expo- sure to, existence of, or presence of, "silica" or "silica-related dust". c. Any loss, cost or expense arising, in whole or in part, out of the abating, test- ing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or as- sessing the effects of, "silica" or "silica- related dust", by any "insured" (insured) or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages, Coverage I – Personal And Advertising Injury Liability in the Farm Liability Coverage Form: 2. Exclusions This insurance does not apply to: SILICA OR SILICA-RELATED DUST a. "Personal injury" or "advertising injury" arising, in whole or in part, out of the ac- tual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, "silica" or "silica-related dust". b. Any loss, cost or expense arising, in whole or in part, out of the abating, test- ing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or as- sessing the effects of, "silica" or "silica- related dust", by any "insured" or by any other person or entity. C. The following exclusion is added to Paragraph B.2. Exclusions of Coverage B – Personal Inju- ry Liability in the Personal Liability Endorsement: 2. Exclusions This insurance does not apply to: SILICA OR SILICA-RELATED DUST a. "Personal injury" arising, in whole or in part, out of the actual, alleged, threat- ened or suspected inhalation of, inges- tion of, contact with, exposure to, exist- ence of, or presence of, "silica" or "silica-related dust". Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 2 of 2 © ISO Properties, Inc., 2005 FL 10 50 10 06 b. Any loss, cost or expense arising, in whole or in part, out of the abating, test- ing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or as- sessing the effects of, "silica" or "silica- related dust", by any insured or by any other person or entity. D. The following definitions are added to Section IV – Definitions in the Farm Liability Coverage Form: 1. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), sili- ca particles, silica dust or silica compounds. 2. "Silica-related dust" means a mixture or combi- nation of silica and other dust or particles. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8953E0716 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AMERICAN RELIABLE INSURANCE COMPANY CHEMICAL DRIFT AMENDATORY ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provide under the following: BASIC FARM PREMISES LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Under C. CHEMICAL DRIFT LIABILITY COVERAGE, in the Basic Farm Premises Liability form, Paragraph 1. Insuring Agreement, Item a. is replaced by the following: a. We will pay those sums that the insured becomes legally obligated to pay as damages for physical injury to persons, crops or animals if: B. Under C. CHEMICAL DRIFT LIABILITY COVERAGE, in the Basic Farm Premises Liability form, Paragraph 2. Exclusions, the following Exclusions are added: Chemical Drift Liability Coverage does not apply to: 1. Physical Injury to any insured. 2. Physical Injury to any member of any insured's household, including but not limited to the spouse, child, fetus, embryo, parent, brother or sister of any “insured”. 3. Physical Injury to anyone who applies “agricultural chemicals” on any insured's behalf, or to any memb er of their household, including but not limited to their spouse, child, fetus, embryo, parent, brother or sister. 4. Physical Injury to an “employee” of any “insured” arising out of employment by any insured, or to any member of the “employee's” household, including but not limited to the spouse, child, fetus, embryo, parent, brother or sister of the “employee”. This exclusion applies: a. Whether any insured may be liable as an employer or in any other capacity; and b. To any obligation to share damages with or repay someone else who must pay damages because of the physical injury. 5. Any obligation of any insured under a work ers' compensation, disability benefits or unemployment compensation law or similar law. 6. Physical Injury arising out of the consumption of food or drink which has been con taminated by “agricultural chemicals”. 7. Physical Injury to farm animals or domestic animals you own, rent or borrow, or that are otherwise in your care, custody or control. 8. Physical Injury to crops you own or that are in your care, custody or control. C. For the purpose of this endorsement, under COVERAGE C – MEDICAL PAYMENTS, in the Commercial General Liability Coverage Form, is replaced by the following: COVERAGE C – MEDICAL PAYMENTS 1. We will pay the medical expenses as described below for physical injury to persons caused by Chemical Drift, provided that: a. The “occurrence” takes place during the policy period; b. The expenses are incurred and reported to us within one year of the date of the physical injury; and c. The injured person submits to examination, at our expense, by physicians of our choice as often as we may reasonably require. 2. We will make these payments regardless of fault. These payments, together with any other payments made, will not exceed the Aggregate Limit of Insurance. We will pay reasonable expenses for: a. First aid at the time of physical injury; b. Necessary medical, surgical and x-ray services, including prosthetic devices; and c. Necessary ambulance, hospital, professional nursing and funeral services. 3. Exclusions We will not pay medical expenses for physical injury: a. To any insured; b. To a person, whether or not an “employee” of an insured, if benefits for the physical injury are payable or must be provided under a workers’ compensation or disability benefits law or similar law; c. Excluded under Paragraph B. above, or under 2. Exclusions, in the Basic Farm Premises Liability form; or d. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. D. For the purposes of this endorsement, “agricultural chemicals” means any pesticide, insecticide, miticide, rodenticide, herbicide, fungicide or fertilizer which is used by or on behalf of the insured in usual and normal agricultural operations. No living plants, animals, animal waste, manure, bacteria or viruses are “agricultural chemicals”. All other terms, conditions, exclusions and agreements of the policy shall remain unchanged. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 AE8954E0716 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AMERICAN RELIABLE INSURANCE COMPANY EXCLUSION – COVERAGE C MEDICAL PAYMENTS – DESIGNATED PERSON(S) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM For the purpose of this endorsement, under COVERAGE C – MEDICAL PAYMENTS, Item e. is replaced by the following: e. To a person injured while providing instruction in athletic activities, athletic events, sports, physical fitness e xercises or games or while training an animal. All other terms, conditions, exclusions and agreements of the policy shall remain unchanged. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II – Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions. SECTION I – COVERAGES COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II – Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 2 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies 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. This exclusion does not apply to liability assumed by the insured under an "insured contract". Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 4 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III – Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. l. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) 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 Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 6 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (4) 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. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III – Limits Of Insurance. COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods – Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. l. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution-related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) 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 (4) 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. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 8 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 COVERAGE C – MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the "products-completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS – COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I – Coverage A – Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II – WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 10 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III – LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 14 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products- completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 16 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 20. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 02 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 oo ADDITIONAL INSURED – CLUB MEMBERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. WHO IS AN INSURED (Section II) is amended to include as an insured any of your members, but only with re- spect to their liability for your activities or activities they perform on your behalf. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 COMMERCIAL GENERAL LIABILITY CG 21 32 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 32 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 † COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Communicable Disease "Bodily injury" or "property damage" arising out of the actual or alleged transmission of a com- municable disease. This exclusion applies even if the claims against any 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 dis- ease; or d. Failure to report the disease to authorities. B. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage B – Per- sonal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Communicable Disease "Personal and advertising injury" arising out of the actual or alleged transmission of a commu- nicable disease. This exclusion applies even if the claims against any 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 dis- ease; or d. Failure to report the disease to authorities. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 COMMERCIAL GENERAL LIABILITY CG 21 46 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 46 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 oo ABUSE OR MOLESTATION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability and Para- graph 2., Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1.The actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured, or 2.The negligent: a.Employment; b.Investigation; c.Supervision; d.Reporting to the proper authorities, or failure to so report; or e.Retention; of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Paragraph 1. above. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 COMMERCIAL GENERAL LIABILITY CG 21 47 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1 † EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment- related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – Per- sonal And Advertising Injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 COMMERCIAL GENERAL LIABILITY CG 21 65 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 65 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 !!!! TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING, COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Sec- tion I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants" at any time. This exclusion does not apply to: (a) "Bodily injury" if sustained within a building which is or was at any time owned or occu- pied by, or rented or loaned to, any insured and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's oc- cupants or their guests; or (b) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire" unless that "hostile fire" occurred or originated: (i) At any premises, site or location which is or was at any time used by or for any in- sured or others for the handling, storage, disposal, processing or treatment of waste; or (ii) At any premises, site or location on which any insured or any contractors or subcontractors working directly or indi- rectly on any insured's behalf are per- forming operations to test for, monitor, clean up, remove, contain, treat, detox- ify, neutralize or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or as- sessing the effects of, "pollutants". Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 COMMERCIAL GENERAL LIABILITY CG 21 67 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 67 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 !!!! FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threatened in- halation of, ingestion of, contact with, expo- sure 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. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consump- tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage B – Per- sonal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Personal and advertising injury" which would not have taken place, in whole or in part, but for the actual, alleged or threat- ened 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 con- currently or in any sequence to such injury. b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. C. The following definition is added to the Definitions Section: "Fungi" means any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 22 54 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 oo EXCLUSION – LOGGING AND LUMBERING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. With respect to logging and lumbering operations by or for you, this insurance does not apply to "property dam- age" due to fire, or to "property damage," however caused, to any vehicle while being loaded or unloaded. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 FARM FR P 023 12 14 FR P 023 12 14 © Insurance Services Office, Inc., 2014 Page 1 of 4 FARM ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY EXCLUSIONS ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this Notice, THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy, including the endorsements attached to your policy. This Notice provides information concerning the following new endorsements, which applies to your renewal policy being issued by us: FL 10 12 12 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information And Data- related Liability – With Limited Bodily Injury Exception (For Use With The Farm Liability Coverage Form FL 00 20 And Personal Liability Endorsement FL 04 12) When this endorsement is attached to your policy: z Under Coverage A in FL 04 12 and Coverage H in FL 00 20 – Bodily Injury And Property Damage Liability, coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. With respect to bodily injury and property damage arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data, these changes are also a reinforcement of coverage intent. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. z Under Coverage B – Personal Injury Liability in FL 04 12 and Coverage I – Personal And Advertising Injury Liability in FL 00 20, coverage is excluded for personal injury or advertising injury under FL 00 20 and personal injury under FL 04 12, arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. FL 10 13 12 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information And Data- related Liability – Limited Bodily Injury Exception Not Included (For Use With The Farm Liability Coverage Form FL 00 20 And Personal Liability Endorsement FL 04 12) When this endorsement is attached to your policy: z Under Coverage A in FL 04 12 and Coverage H in FL 00 20 – Bodily Injury And Property Damage Liability, coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 2 of 4 © Insurance Services Office, Inc., 2014 FR P 023 12 14 With respect to bodily injury and property damage arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data, these changes are also a reinforcement of coverage intent. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. z Under Coverage B – Personal Injury Liability in FL 04 12 and Coverage I – Personal And Advertising Injury Liability in FL 00 20, coverage is excluded for personal injury or advertising injury under FL 00 20 and personal injury under FL 04 12, arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. FL 10 14 12 14 – Exclusion – Electronic Data (Bodily Injury And Property Damage Liability Only) And Access Or Disclosure Of Confidential Or Personal Information (Personal Or Advertising Injury Liability Only) (For Use With The Farm Liability Coverage Form FL 00 20 And Personal Liability Endorsement FL 04 12) When this endorsement is attached to your policy: z Under Coverage A in FL 04 12 and Coverage H in FL 00 20 – Bodily Injury And Property Damage Liability, coverage is excluded for damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This is a reinforcement of coverage. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. z Under Coverage B – Personal Injury Liability in FL 04 12 and Coverage I – Personal And Advertising Injury Liability in FL 00 20, coverage is excluded for personal injury or advertising injury under Coverage I in FL 00 20 and personal injury under Coverage B in FL 04 12, arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. FL 04 22 12 14 – Electronic Data Liability (For Use With The Farm Liability Coverage Form FL 00 20) With respect to damages arising out of access or disclosure of confidential or personal information, when this endorsement is attached to your policy: z Under Coverage H – Bodily Injury And Property Damage Liability, coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. With respect to bodily injury and property damage arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data, these changes are also a reinforcement of coverage intent. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. In addition, with respect to the limited coverage for loss of computerized or electronically stored data or software which results from physical injury to tangible property, by way of the exception to the exclusion. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. z Under Coverage I – Personal And Advertising Injury Liability, coverage is excluded for personal injury or advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 FR P 023 12 14 © Insurance Services Office, Inc., 2014 Page 3 of 4 FB 10 38 12 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information And Data- related Liability – With Limited Bodily Injury Exception (For Use With The Farm Umbrella Liability Policy FB 00 01 and Section II – Personal Liability Coverage of the Farm Premises And Personal Umbrella Liability Endorsement FB 04 01) When this endorsement is attached to your policy: z Under Coverage A in FB 04 01 and Coverage H in FB 00 01 – Bodily Injury And Property Damage Liability, coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. With respect to bodily injury and property damage arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data, these changes are also a reinforcement of coverage intent. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. z Under Coverage B – Personal Injury Liability in FB 04 01 and Coverage I – Personal And Advertising Injury Liability in FB 00 01, coverage is excluded for personal injury or advertising injury under FB 00 01 and personal injury under FB 04 01, arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. FB 10 39 12 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information And Data- related Liability – Limited Bodily Injury Exception Not Included (For Use With The Farm Umbrella Liability Policy FB 00 01 and Section II – Personal Liability Coverage of the Farm Premises And Personal Umbrella Liability Endorsement FB 04 01) When this endorsement is attached to your policy: z Under Coverage A in FB 04 01 and Coverage H in FB 00 01 – Bodily Injury And Property Damage Liability, coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. With respect to bodily injury and property damage arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data, these changes are also a reinforcement of coverage intent. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. z Under Coverage B – Personal Injury Liability in FB 04 01 and Coverage I – Personal And Advertising Injury Liability in FB 00 01, coverage is excluded for personal injury or advertising injury under FB 00 01 and personal injury under FB 04 01, arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 4 of 4 © Insurance Services Office, Inc., 2014 FR P 023 12 14 FB 10 66 12 14 – Exclusion – Electronic Data (Bodily Injury And Property Damage Liability Only) And Access Or Disclosure Of Confidential Or Personal Information (Personal Or Advertising Injury Liability Only) (For Use With The Farm Umbrella Liability Policy FB 00 01 and Section II – Personal Liability Coverage of the Farm Premises And Personal Umbrella Liability Endorsement FB 04 01) When this endorsement is attached to your policy: z Under Coverage A in FB 04 01 and Coverage H in FB 00 01 – Bodily Injury And Property Damage Liability, coverage is excluded for damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This is a reinforcement of coverage. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. z Under Coverage B – Personal Injury Liability in FB 04 01 and Coverage I – Personal And Advertising Injury Liability in FB 00 01, coverage is excluded for personal injury or advertising injury under Coverage I in FB 00 01 and personal injury under Coverage B in FB 04 01, arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. FB 04 22 12 14 – Electronic Data Liability (For Use With The Farm Umbrella Liability Policy FB 00 01) With respect to damages arising out of access or disclosure of confidential or personal information, when this endorsement is attached to your policy: z Under Coverage H – Bodily Injury And Property Damage Liability, coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. With respect to bodily injury and property damage arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data, these changes are also a reinforcement of coverage intent. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. In addition, with respect to the limited coverage for loss of computerized or electronically stored data or software which results from physical injury to tangible property, by way of the exception to the exclusion. NOTE TO INSURER: Impact may vary based on individual insurers past claims and loss settlement history. z Under Coverage I – Personal And Advertising Injury Liability, coverage is excluded for personal injury or advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. FE 10 08 12 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information (For Use With The Farm Excess Liability Policy) When this endorsement is attached to your policy, coverage is excluded for injury or damage arising out of any access to or disclosure of confidential or personal information. However, this endorsement contains a Schedule to indicate any underlying insurance to which the exclusion will not apply. To the extent that coverage with respect to injury or damage arising out of any access or disclosure of confidential or personal information is provided for under the terms of underlying insurance and such underlying insurance is not designated in the Schedule of this endorsement, this may result in a reduction in coverage. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 FARM FL 04 11 10 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FL 04 11 10 06 © ISO Properties, Inc., 2005 Page 1 of 5 † BASIC FARM PREMISES LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Subject to the provisions of this endorsement, insurance under the Commercial General Liability Coverage Form applies with respect to liability arising out of the ownership, use or maintenance of "farm premises". The terms ownership, use or maintenance include operations necessary or incidental to ownership, use or maintenance. A. Coverage A – Bodily Injury And Property Damage Liability 1. Exclusion 2.a. is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the insured even if the resulting "bodily in- jury" or "property damage": (1) Is of a different kind, quality or degree than initially expected or intended; or (2) Is sustained by a different person, entity, real or personal property, than initially expected or intended. This exclusion does not apply to "bodily in- jury" resulting from the use of reasonable force to protect persons or property. 2. Under Exclusion 2.f., the following exception is added to Subparagraph (1)(a): (iv) "Bodily injury" or "property dam- age" caused by heat, smoke or fumes from a fire, if the fire: i. Is set by the insured on the "farm premises"; and ii. Is set for the purpose of burn- ing off crop stubble or other vegetation and is consistent with normal and usual agricul- tural practice; and iii. Is not set in violation of an ordinance or law. 3. The following exception is added to Exclusion 2.g.: (6) An "auto" or item of "mobile equipment" involved in an "occurrence" on the "farm premises" and not subject to motor ve- hicle registration by reason of: (a) Use exclusively on the "farm prem- ises"; or (b) Being kept in dead storage on the "farm premises". 4. Exclusion 2.l. does not apply to operations necessary or incidental to the ownership, use or maintenance of the "farm premises". 5. Unless the Declarations specify otherwise, the following exclusions are added: q. "Bodily injury" or "property damage" arising out of the ownership, use or maintenance of any part of the "farm premises" that is: (1) Used for nonagricultural business pur- poses; or (2) Rented to others or held for rental by an insured for nonagricultural business or dwelling purposes. This exclusion does not apply to: (1) A residence rented to a person who occupies and farms the "farm premises"; or (2) A residence occupied by no more than two roomers or boarders. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 2 of 5 © ISO Properties, Inc., 2005 FL 04 11 10 06 † r. "Bodily injury" or "property damage" arising out of the ownership, use or maintenance of: (1) Farm tools, farm tractors and trailers under contract to others for a charge; (2) Draft animals or vehicles used with them: (a) Under contract to others for a charge; or (b) Used for route delivery; or (3) Saddle animals: (a) Rented to others by or for an in- sured; or (b) Used in practicing for or participating in any exhibition or contest. s. "Property damage" arising out of any sub- stance released or discharged from any air- craft. t. "Bodily injury" or "property damage" arising out of the rendering of or failure to render professional services. B. Coverage C – Medical Payments The following is added to Paragraph 2. Exclu- sions: h. To any person engaged in work usual or inci- dental to the maintenance or use of the "farm premises". The only exceptions to this exclusion are in "occurrences" of "bodily injury" sustained by a person on the "farm premises" in a neighborly exchange of assistance for which the insured is not obligated to pay any money. C. Chemical Drift Liability Coverage is added to the Commercial General Liability Coverage Form as Coverage M, as described and limited in 1. through 5. below. 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages for physical injury to crops or animals if: (1) The injury was caused by discharge, dispersal, release or escape into the air, from the "farm premises", of the chemi- cals, liquids or gases that the insured has used in normal and usual agricul- tural operations; and (2) The chemicals, liquids or gases entered into the air by some means other than discharge, dispersal, release or escape from aircraft. The term physical injury does not include any indirect or consequential damages such as loss, at any time, of market for crops or animals or of use of soil or ani- mals. This coverage applies only to physical in- jury that occurs during the policy period. The physical injury must be caused by an "occurrence". The "occurrence" must take place in the "coverage territory". b. We will have the right and duty to defend the insured against any "suit" seeking dam- ages for covered physical injury. However, we will have no duty to defend the insured against any "suit" seeking damages for physical injury to which this insurance does not apply. We may at our discretion investi- gate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described below in 3., Aggre- gate Limit of Insurance; and (2) Our right and duty to defend end when we have used up the applicable Aggre- gate Limit of Insurance in the payment of judgments or settlements under Chemical Drift Liability Coverage. As used in this Coverage M, the term "suit" means a civil proceeding in which damages because of physical injury to which such Coverage applies are alleged. "Suit" includes: (a) An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or (b) Any other alternative dispute resolu- tion proceeding in which such dam- ages are claimed and to which the insured submits with our consent. c. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Para- graph 1. of Supplementary Payments. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 FL 04 11 10 06 © ISO Properties, Inc., 2005 Page 3 of 5 † 2. Exclusions Chemical Drift Liability Coverage does not apply to: a. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutral- ize, or in any way respond to or assess the effects of "pollutants"; or (2) Claim or "suit" by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying or neutralizing, or in any way responding to or assessing the effects of, chemicals, liquids or gases. However, this paragraph does not apply to liability for damages the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit " by or on behalf of a governmental authority. b. Physical injury to crops or animals arising out of agricultural operations which are in violation of an ordinance or law. c. Physical injury to crops or animals expected or intended from the standpoint of the in- sured. d. Physical injury to crops or animals for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract", provided the physical injury occurs subsequent to the execution of the contract or agree- ment; or (2) That the insured would have in the ab- sence of the contract or agreement. With respect to Chemical Drift Liability Cover- age, Paragraph f. of the "insured contract" definition is deleted and replaced by the follow- ing: f. That part of a contract or agreement pertaining to your "farming" operations (including an indemnification of a mu- nicipality in connection with work per- formed for a municipality) under which you assume the tort liability of another to pay a third person or organization for physical injury to crops or animals. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. However, Paragraph f. above does not include that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" aris- ing out of construction or demolition op- erations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tun- nel, underpass or crossing. e. Physical injury to crops or animals you own, rent or borrow. 3. Aggregate Limit Of Insurance for Chemical Drift Liability Coverage: $25,000 a. Our total liability for Coverage M, Chemical Drift Liability Coverage, is the Aggregate Limit of Insurance stated above, unless a different Aggregate Limit of Insurance is stated for Coverage M in the Declarations. b. The stated Aggregate Limit of Insurance applies separately to each consecutive an- nual period and to any remaining period of less than 12 months, starting with the be- ginning of the policy period shown in the Declarations, unless the policy period is ex- tended after issuance for an additional pe- riod of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Aggregate Limit of Insur- ance. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 4 of 5 © ISO Properties, Inc., 2005 FL 04 11 10 06 † c. Therefore, the stated Aggregate Limit of Insurance is the most we will pay for the applicable period of time as described in b. above, regardless of the number of: (1) "Occurrences"; (2) Insureds; (3) Claims made or "suits" brought; or (4) Persons or organizations making claims or bringing "suits". 4. Section IV – Commercial General Liability Conditions applies to Chemical Drift Liability Coverage. 5. Words and phrases (except "suit") used in this Chemical Drift Liability Coverage have mean- ing as defined in Section V – Definitions. Sec- tion V includes the defined terms added in this endorsement. D. Section II – Who Is An Insured Paragraph 1. is replaced by the following: 1. If you are designated in the Declarations as: a. An individual, you are an insured; and, if they are members of your household, your spouse, and your and your spouse's rela- tives who are under the age of 21 are also insureds. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your "farm- ing" operations. c. A limited liability company, you are an in- sured. Your members are also insureds, but only with respect to the conduct of your "farming" operations. Your managers are insureds, but only with respect to their du- ties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with re- spect to their duties as your officers or di- rectors. Your stockholders are also insur- eds, but only with respect to their liability as stockholders. E. Section IV – Commercial General Liability Conditions The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condi- tion: We have no duty to provide coverage under this policy if failure to comply with the duties described in this Condition is prejudicial to us. F. Section V – Definitions 1. The following definitions are added: a. "Custom farming" means performance of specific planting, cultivating, harvesting or similar specific "farming" operations by an insured, at a farm that is not a "farm prem- ises", when the performance is for, and un- der the direction or supervision of, the owner or operator of the farm or the author- ized representative of the owner or opera- tor. But "custom farming" does not mean: (1) Operations conducted at a premises rented to, leased to or controlled by an insured; (2) Operations for which no compensation in money or goods is received; or (3) A neighborly exchange of services. b. "Farming" means the operation of an agri- cultural or aquacultural enterprise, and in- cludes the operation of roadside stands, on your "farm premises", maintained solely for the sale of farm products produced princi- pally by you. Unless specifically indicated in the Declarations, "farming" does not in- clude: (1) Retail activity other than that described above; or (2) Mechanized processing operations. c. "Farm premises" means the location identi- fied as such in the Declarations and oper- ated for "farming" purposes, and includes the following, provided they are not used or held for rental or for business purposes other than "farming": (1) Buildings used as residences; (2) Garages; (3) Stables; and (4) Individual or family cemetery plots or burial vaults. 2. The "Your product" definition is deleted and replaced by the following with respect to cov- erage provided by this endorsement: "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; or (b) Others trading under your name; and Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 FL 04 11 10 06 © ISO Properties, Inc., 2005 Page 5 of 5 † (2) Containers (other than vehicles), mate- rials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include property rented to or lo- cated for the use of others but not sold. 3. The definitions of "employee", "leased worker", "temporary worker" and "volunteer worker", as shown in Section V – Definitions of the Com- mercial General Liability Coverage Form, do not apply to the insurance provided under this endorsement. G. Additional Coverage – Custom Farming 1. Insurance under the Commercial General Liability Coverage Form also applies with re- spect to liability arising out of the insured's per- formance of or failure to perform "custom farm- ing" operations. But this Additional Coverage will apply only if your receipts during the 12 months immedi- ately preceding the date of the "occurrence" from such "custom farming" operations do not exceed $5,000. 2. Exclusions 2.j.(4) and (6), 2.l. and 2.m. under Coverage A do not apply with respect to this Additional Coverage as described and limited in G.1. above. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 COMMERCIAL GENERAL LIABILITY CG 21 73 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 73 01 15 © Insurance Services Office, Inc., 2014 Page 1 of 1 EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: This insurance does not apply to: TERRORISM "Any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism". B. The following definitions are added: 1. For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part. 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 03 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 † CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was com- puted based on rates in effect at the time the policy was issued. On each renewal, continuation, or anni- versary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 IL 00 17 11 98 IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 oo COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A.Cancellation 1.The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2.We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a.10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b.30 days before the effective date of cancel- lation if we cancel for any other reason. 3.We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5.If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6.If notice is mailed, proof of mailing will be suf- ficient proof of notice. B.Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C.Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D.Inspections And Surveys 1.We have the right to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. 2.We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. 3.Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4.Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E.Premiums The first Named Insured shown in the Declara- tions: 1.Is responsible for the payment of all premiums; and 2.Will be the payee for any return premiums we pay. F.Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 † NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa- tion, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Associa- tion of Canada or any of their successors, or would be an insured under any such pol- icy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- ous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time pos- sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility", but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "spe- cial nuclear material" or "by-product material". Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08 † "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel com- ponent, solid or liquid, which has been used or ex- posed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nu- clear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packag- ing "waste"; (c) Any equipment or device used for the proc- essing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioac- tive contamination of property. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 IL P 001 01 04 IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your pol- icy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: ! Foreign agents; ! Front organizations; ! Terrorists; ! Terrorist organizations; and ! Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site – http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 IL 02 70 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 02 70 12 19 © Insurance Services Office, Inc., 2019 Page 1 of 4 CALIFORNIA CHANGES – CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 2 of 4 © Insurance Services Office, Inc., 2019 IL 02 70 12 19 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part – Farm Property – Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part – Causes Of Loss – Special Form; or (2) Farm Coverage Part – Causes Of Loss Form – Farm Property, Paragraph D. Covered Causes Of Loss – Special. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 IL 02 70 12 19 © Insurance Services Office, Inc., 2019 Page 3 of 4 d. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not cancel this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred.However, we may cancel: (1) When you have not paid the premium, at any time by letting you know at least 10 days before the date cancellation takes effect; (2) If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; or (3) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part – Farm Property – Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Page 4 of 4 © Insurance Services Office, Inc., 2019 IL 02 70 12 19 d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part – Causes Of Loss – Special Form; or (2) Farm Coverage Part – Causes Of Loss Form – Farm Property, Paragraph D. Covered Causes Of Loss – Special. e. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not nonrenew this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may nonrenew: (1) If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; (2) If losses unrelated to the postdisaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or (3) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 IL N 018 01 22 IL N 018 01 22 © Insurance Services Office, Inc., 2021 Page 1 of 1 CALIFORNIA FRAUD STATEMENT For your protection, California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. 8301858 Docusign Envelope ID: B5DD775C-9752-4E7E-81CF-776848F39504 Electronic Record and Signature Disclosure Certificate Of Completion Envelope Id: B5DD775C-9752-4E7E-81CF-776848F39504 Status: Completed Subject: Complete with Docusign: CO 2025-057 - Alta Loma Riding Club & The City of Rancho Cucamonga Source Envelope: Document Pages: 95 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 45 Jonathan Hilton AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) jonathan.hilton@cityofrc.us IP Address: 199.201.174.250 Record Tracking Status: Original 6/16/2025 4:03:27 PM Holder: Jonathan Hilton jonathan.hilton@cityofrc.us Location: DocuSign Signer Events Signature Timestamp Joe Cowan joeofire@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 35.149.26.184 Sent: 6/19/2025 7:13:41 AM Resent: 6/24/2025 9:52:34 AM Resent: 7/1/2025 10:51:44 AM Resent: 7/9/2025 7:49:36 AM Viewed: 7/10/2025 4:36:57 AM Signed: 7/10/2025 5:02:46 AM Electronic Record and Signature Disclosure: Accepted: 7/1/2025 6:20:27 PM ID: 9dade101-a2da-4317-a050-e4e2dc50b6a7 Heather McGee Decauwer presidentofalrc@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 2600:1012:b14d:f5a6:675:d768:3585:dee7 Signed using mobile Sent: 7/10/2025 5:02:49 AM Resent: 7/17/2025 7:37:14 AM Resent: 7/17/2025 9:32:21 AM Resent: 7/17/2025 9:32:44 AM Viewed: 7/17/2025 9:33:01 AM Signed: 7/17/2025 9:33:22 AM Electronic Record and Signature Disclosure: Accepted: 7/17/2025 9:33:01 AM ID: e206debb-5632-489a-82dd-a637fafbf771 John Gillison john.gillison@cityofrc.us City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 7/17/2025 9:35:42 AM Viewed: 7/17/2025 11:51:33 AM Signed: 7/17/2025 11:51:40 AM Electronic Record and Signature Disclosure: Accepted: 7/17/2025 11:51:33 AM ID: fbe7b4fc-e9c8-4133-b400-6d52a2f5d0c1 Nicholas R. Ghirelli NGhirelli@rwglaw.com Shareholder Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 208.87.233.201 Sent: 7/17/2025 11:51:43 AM Resent: 7/21/2025 1:46:25 PM Viewed: 7/22/2025 3:52:04 PM Signed: 7/22/2025 3:52:27 PM Electronic Record and Signature Disclosure: Accepted: 7/22/2025 3:52:04 PM ID: 52554f51-3b04-4cbc-918b-df46c28b0fa4 Signer Events Signature Timestamp Kim Sevy kim.sevy@cityofrc.us City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.153.245.120 Signed using mobile Sent: 7/22/2025 3:52:30 PM Resent: 8/25/2025 7:25:55 AM Resent: 9/3/2025 4:52:37 PM Viewed: 9/9/2025 4:58:24 PM Signed: 9/9/2025 4:58:38 PM Electronic Record and Signature Disclosure: Accepted: 9/9/2025 4:58:24 PM ID: ce9c28c7-bf6f-419c-bc79-25d5a30c8772 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Jonathan Hilton jonathan.hilton@cityofrc.us Management Analyst I City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 6/16/2025 4:40:26 PM Viewed: 6/16/2025 4:40:36 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Celeste Medrano celeste.medrano@cityofrc.us Security Level: Email, Account Authentication (None)Using IP Address: 199.201.174.250 Sent: 6/16/2025 4:40:37 PM Viewed: 6/16/2025 4:41:32 PM Electronic Record and Signature Disclosure: Accepted: 6/16/2025 4:41:32 PM ID: 95c6f7ea-1550-47c2-98d1-8780d8e48851 Crystal Zuniga crystal.zuniga@cityofrc.us Security Level: Email, Account Authentication (None)Using IP Address: 199.201.174.250 Sent: 6/16/2025 4:41:33 PM Resent: 6/17/2025 1:39:02 PM Viewed: 6/18/2025 3:07:38 PM Electronic Record and Signature Disclosure: Accepted: 6/18/2025 3:07:38 PM ID: 9771ec8d-29bd-4954-9d23-ae2dee3b807d Nathan Hunt nathan.hunt@cityofrc.us CSD Deputy Director Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 6/18/2025 3:07:38 PM Viewed: 6/19/2025 7:13:40 AM Electronic Record and Signature Disclosure: Accepted: 6/19/2025 7:13:40 AM ID: 98f4481a-d4a8-475a-984b-1042840abcac Certified Delivery Events Status Timestamp Jonathan Hilton jonathan.hilton@cityofrc.us Management Analyst I City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 7/17/2025 9:33:25 AM Viewed: 7/17/2025 9:35:42 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Clerk Services clerkcontracts@cityofrc.us City Clerk City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 9/9/2025 4:58:45 PM Viewed: 9/9/2025 5:01:26 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/16/2025 4:40:26 PM Envelope Updated Security Checked 7/17/2025 9:32:21 AM Envelope Updated Security Checked 7/21/2025 1:46:25 PM Certified Delivered Security Checked 9/9/2025 5:01:26 PM Signing Complete Security Checked 9/9/2025 4:58:38 PM Completed Security Checked 9/9/2025 5:01:26 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Cucamonga City Clerk's Office (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/22/2022 12:08:29 PM Parties agreed to: Joe Cowan, Heather McGee Decauwer, John Gillison, Nicholas R. Ghirelli, Kim Sevy, Celeste Medrano, Crystal Zuniga, Nathan Hunt Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Rancho Cucamonga City Clerk's Office: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: jasmin.oriel@cityofrc.us To advise City of Rancho Cucamonga City Clerk's Office of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at jasmin.oriel@cityofrc.us and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Rancho Cucamonga City Clerk's Office To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to jasmin.oriel@cityofrc.us and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Rancho Cucamonga City Clerk's Office To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to jasmin.oriel@cityofrc.us and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. 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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify City of Rancho Cucamonga City Clerk's Office as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Rancho Cucamonga City Clerk's Office during the course of your relationship with City of Rancho Cucamonga City Clerk's Office.