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Home My WebLink About000119.tiff _ © 57.PAUL FIRE AND MARINE INSURANCE COMPANY • ~� O ST.PAUL MERCURY INSURANCE C' vNV New herein called the Company FORMER POLICY NO. A Capital Stock Company St.Paul,Minnesota NAME AND ADDRESS OF INSURED I� • • Colorado Counties, Inc. 1177 Grant Street Denver, Colorado 80203 O t:n N • • a AGENT • • Rollins, Burdick,Hunter of Illinois, Inc. 123 North Wacker Drive au' Chicago, Illinois 60606 Propeny&Llablllry Insurance • • Policy Period: From To I Amount Insured Rate Premium July 1, 1988 i July 1, 1989 $50,000,000. Vrs. $105,853. Forms Attached: Manuscript Property Form, Dec. Page, Endt. 1 thru 5, 42048 •At 12:01 A.M.Standard Time at place of Issuance as to each of said dates. Unless physically deleted by the Company, the following clauses shall be paramount and shall supersede and nullify any contrary provision of the Policy. This Policy does not insure against loss or damage caused by or resulting from: (1) Hostile or warlike action in time of peace or war,including action in hindering,combating or defending against an actual impending or expected attack,(a)by any government or sovereign power(de jure or de facto),or by any authority main- taining or using military, naval or air forces;or(b)by military,naval or air forces;or(c)by an agent of any such govern- ment,power,authority or forces; (2) Any weapon of war,employing atomic fission or radioactive force whether in time of peace or war; (3) Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or Customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. It is agreed that if this Policy insures against the peril of Fire, Clause A below shall apply,but if this Policy does not insure against the peril of Fire,Clause B below shall apply,as follows: A. This Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect,proximate or remote,or be in whole or in part caused by,contributed to,or aggravated by the peril(s)insured against in this Policy;however,subject to the fore- going and all provisions of this Policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radio- active contamination is insured against by this Policy. B. This Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect,proximate or remote,or be in whole or in part caused by,contributed to,or aggravated by the peril(s) insured against in this Policy. THIS POLICY IS MADE AND ACCEPTED SUBJECT TO THE FOREGOING STIPULATIONS AND CONDITIONS,together with such other provisions, agreements or conditions as may be endorsed hereon or added hereto; and no officer, agent or other representative of this Company shall have power to waive or be deemed to have waived any provision or condition of this Policy unless such waiver, if any,shall be written upon or attached hereto,nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the Insured unless so written or attached. ST. PAUL FIRE AND MARINE INSURANCE COMPANY ONLY: Provisions Required by Law to be Stated in this Policy:—"This Policy is issued under and in pursuance of the laws of the State I of Minnesota. relating to Guaranty Surplus and Special Reserve Funds."Chapter 437,General Laws of 1909. In Witness It'hereof, this Company has executed and attested these presents;but this Policy shall not be valid unless counter- signed by a duly authorized Agent of the Company. z�� n -cetwatc i ,7 ls.!-`_ \_( "•3 Senvtary, President. 7 e1)1$$gr re Date Countersigned At Agent 119 13117/ ` Rev. 7-78 Printed in U.S.A. Page 1 - - ATTACH °RMSHERE r iOAJ US ',Will, !N• \• eitaA9US ]AVnaa inn an.“ ]aveaa V• "--gran en'eanv• aWO AZ US en ynae a•' 'E▪ TD E X?OSE •DHESFVE REMOVE TO EXPOSE A AVE REMOVE TO EXPOSE ADHESIVE RE' TO EXPOSE ADHESIVE REMOVE TO EXPOSE m 3�; 3'h53H3. 310.X301 3AOn3a 3AIS3HOv 3SOdX3 01 3AOR3S 3AIS3HOv 3;0d13013Aun3a 3AIS3H0v 310.03 Os 3A0R3M 3/ ,/E to E XPOSE •3HESIVE REMOVE TO EXPOSE ADHESIVE REMOVE TO EXPOSE ADHESIVE REMOVE TO EXPOSE ADHESIVE REMOVE TO EXPOSE CONDITIONS MISREPRESENTATION OR FRAUD. This Policy shall be void if the Insured has concealed or misrepresented any material fact or circumstances concerning this insurance or the subject thereof or in case of any fraud, attempted fraud or false swearing by the Insured touching any matter relating to this insurance or the subject thereof,whether before or after a loss. NOTICE OF LOSS. • The Insured shall as soon as practicable report to this Company or its agent every loss or damage which may become a claim under this Policy and shall also file with the Company or its agent within ninety(90)days from date of loss a detailed sworn proof of loss. Failure by the Insured to report the said loss or damage and to file such sworn proof of loss as hereinbefore provided shall invalidate any claim under this Policy for such loss. EXAMINATION UNDER OATH. The Insured shall submit, and so far as is within his or their power shall cause all other persons interested in the property and members of the household and employees to submit, to examinations under oath by any persons named by the Company,relative to any and all matters in connection with a claim and subscribe the same;and shall produce for examination all books of account,bills,invoices,and other vouchers or certified copies thereof if originals be lost, at such reasonable time and place as may be designated by the Company or its representatives,and shall permit extracts and copies thereof to be made. SETTLEMENT OF LOSS. All adjusted claims shall be paid or made good to the Insured within sixty(60)days after presentation and acceptance of satisfactory proof of interest and less at the office of this Company.No loss shall be paid hereunder if the Insured has collected the same from others. NO BENEFIT TO BAILEE. This insurance shall in no wise inure directly or indirectly to the benefit of any carrier or other bailee. SUBROGATION. In the event of any payment under this Policy the Company shall be subrogated to all the Insured's rights of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights. PAIR,SET OR PARTS. It is understood and agreed that, in the event of loss of or damage to any article or articles which are a part of a set,the measure of loss of or damage to such article or articles shall be a reasonable and fair proportion of the total value of the set,giving consideration to the import- ance of said article or articles;but in no event shall such loss or damage be construed to mean total loss of set. In case of loss or injury to any part of the insured property consisting,when complete for sale or use,of several parts,this Company shall only be liable for the insured value of the part lost or damaged. SUE AND LABOR. In case of loss or damage, it shall be lawful and necessary for the Insured,his or their factors,servants and assigns, to sue,labor,and travel for,in and about the defense,safeguard and recovery of the property insured hereunder,or any part thereof without prejudice to this insurance; nor shall the acts of the Insured or this Company, in recovering, saving and preserving the property insured in case of loss or damage,be con- sidered a waiver or an acceptance of abandonment; to the charge whereof this Company will contribute according to the rate and quantity of the sum herein insured. SUIT. No suit, action or proceeding for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless the same be commenced within twelve (12) months next after discovery by the Insured of the occurrence which gives rise to the claim.Provided, however, that if by the laws of the State within which this Policy is issued such limitation is invalid,then any such claims shall be void unless such action,suit or proceeding be commenced within the shortest limit of time permitted by the laws of such State to be fixed herein. APPRAISAL. If the Insured and the Company fail to agree as to the amount of loss,each shall,on the written demand of either,made within sixty days after receipt of proof of loss by the Company, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen days to agree upon such umpire, then, on the request of the Insured or the Company, such umpire shall be selected by a judge of a court of record in the state in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately the actual cash value at the time of loss and the amount of loss, and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss.The Insured and the Company shall each pay his or its chosen appraiser and shall bear equally the other expenses of the appraisal and umpire.The Company shall not be held to have waived any of its rights by any act relating to appraisal. CANCELLATION. This Policy may be cancelled by the Insured by mailing to the Company written notice stating when thereafter such cancellation shall be effective. This Policy may be cancelled by the Company by mailing to the Insured at the address shown in this Policy or last known address written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice and the effective date of cancellation stated in the notice shall become the end of the policy period.Delivery of such written notice either by the Insured or by the Company shall be equivalent to mailing. If the Insured cancels, earned premiums shall be computed in accordance with the customary short rate table and procedure. If the Com- pany cancels, earned premiums shall be computed pro rata. Premium adjustment may be made at the time cancellation is effected and,if not then made- shall be made as soon as practicable after cancellation becomes effective. The Company's check or the check of its representative mailed or delivered as aforesaid shall be a sufficient tender of any refund of premium due to the Insured. Page 2 13117 Rev. 7-78 Printed in U.S.A. Standard Fire F ,icy aSRul Supplement This supplement provides policy language required by law in your state. • What This Supplement Does How this affects your coverage. If the terms of This agreement together with the General Rules and the Standard Fire Policy should be interpreted as the What To Do If You Have A Loss page contains being more favorable than this agreement, you'll the terms of the Standard Fire Policy. However, get the benefit of the more favorable interpretation, some states require all or part of the Standard Fire But this only applies to insurance against loss or Policy language to be included in any policy damage by fire, lightning or removal from premises providing fire insurance. Because this policy covers endangered by fire or lightning. property located in one of these states we have attached this supplement to provide the legally required language. Standard Fire Policy Language IN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS HEREIN OR ADDED HERETO AND OF the premium, this Company,for the term of years from inception date at 12:01 a.m. (Standard Time) to expiration date at 12:01 a.m. (Standard Time)at location of property involved,to an amount not exceeding the amount(s) specified in the Declarations,does insure the named insured in the Declarations and legal representatives,to the extent of the actual cash value of the property at the time of loss,but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss,without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair,and without compensation for loss resulting from interruption of business or manufacture,nor in any event for more than the interest of the insured,against all DIRECT LOSS BY FIRE.LIGHTNING AND BY REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described herein • while located or contained as described in this policy,or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in this policy,but not elsewhere, Assignment of this policy shall not be valid except with the written consent of this Company. This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated,which are hereby made a part of this policy, together with such other provisions,stipulations and agreements as may be added hereto,as provided in this policy. 1 Concealment. This entire policy shall be void if, whether 42 Added provisions. The extent of the application of insurance 2 freud. before or after a loss, the insured has wil' 43 under this policy and of the contribution to 3 fully concealed or misrepresented any ma. 44 be made by this Company in case of loss, and any other pro- 4 terial fact or circumstance concerning this insurance or the 45 vision or agreement not inconsistent with the provisions of this 5 subject thereof, or the interest of the insured therein, or in case 46 policy, may be provided for in writing added hereto, but no pro- 6 of any fraud or false swearing by the insured relating thereto. 47 vision may be waived except such as by the terms of this policy 7 Uninsurable 'This policy shall not cover accounts, bills, - 48 is subject to change. 8 and currency, deeds, evidences of debt, money or 49 Waiver No permission affecting this insurance shall 9 excepted property. securities; nor, unless specifically named 50 provisions. exist, or waiver of any provision be valid, 10 hereon in writing,bullion or manuscripts. 51 unless granted herein or expressed in writing 11 Perils not This Company shall not be liable for loss by 52 added hereto. No provision, stipulation or forfeiture shall be 12 included, fire or other perils insured against in this 53 held to be waived by any requirement or proceeding on the part 13 policy caused, directly or indirectly, by: (al 54 of this Company relating to appraisal or to any examination 14 enemy attack by armed forces, including action taken by mill- 55 provided for herein. 15 tary, naval or air forces in resisting an actual or an immediately 56 Cancellation This policy shall be cancelled at any time 16 impending enemy attack; (bl invasion: lc) insurrection; Id) 57 of policy. at the request of the insuied, in which case 17 rebellion; lei revolution; Ifl civil war: (g) usurped power; (hl 58 this Company shall, upon demand and sur- 18 order of any civil authority except acts of destruction at the time 59 render of this policy, refund the excess of paid premium above 19 of and for the purpose of preventing the spread of fire, provided 60 the customary short rates for the expired time. This pot. 20 that such fire did not originate from any of the perils excluded 61 icy may be cancelled at any lime by this Company by giving 21 by this policy; (i) neglect of the insured to use all reasonable 62 to the insured a five days written notice of cancellation with 22 means to save and preserve the property at and after a loss, or 63 or without tender of the excess of paid premium above the pro 23 when the property is endangered by fire in neighboring prem. 64 rata premium for the expired time, which excess, if not ten- 24 iset;(0 nor shall this Company be liable for loss by theft. 65 tiered, shall be refunded on demand. Notice of cancellation shall 25 Other Insurance. Other insurance may be prohibited or the 66 state that said excess premium (if not tendered) will be re- 26 amount of insurance may be limited by en. 67 funded on demand. 27 dorsement attached hereto. 68 Mortgagee If loss hereunder is made payable, in whole 28 Conditions suspending or restricting insurance. Unless other- 69 interests and or in part, to a designated mortgagee not 29 wise provided in writing added hereto this Company shall not 70 obligations. named herein as the insured, such interest in 30 be liable for loss occurring 71 th.s policy may be cancelled by giving to such 31 lal while the hazard is increased by any means within the con- 72 mortgagee a ten days' written notice of can- 32 tral or knowledge of the insured;or 73 cellat•on. 33 lb) while a described building, whether intended for occupancy 74 If the insured fails to render proof of loss such mortgagee, upon 34 by owner or tenant, is vacant or unoccupied beyond a period of 75 notce, shall render proof of loss in the form herein specified • 35 sixty consecutive days;or 76 ...ohm sixty 1601 days thereafter and shall be subject to me pro 36 Icl as a result of explosion or riot, unless fire ensues.end in 77 visions hereof relating to appraisal and time of payment and of 37 that event for loss by fire only. 78 bringing suit. If this Company shall claim that no liability ex. 38 Other perils Any other peril to be insured against or sub- 79 isted as to the mortgagor or owner, it shall, to the extent of pay- 39 or subjects. sect of insurance to be covered in this policy 80 ment of loss to the mortgagee, be subrogated to all the mutt- 40 shall be by endorsement in writing hereon or 81 gager's rights of recovery, but without impairing mortgagee's 41 added hereto. 82 right to sue, or it may pay off the mortgage debt and require 42048 Rev. 1.83 Printed in U.S.A. Supplement to Property Protection Agreement. Page 1 of 2. • fStTul 83 an assignment thereof and of the mortgage. Other provisions 125 the amount of loss, then, on the written demand of either, each 84 relating to the interests and obligations of such mortgagee may 126 shall select a competent and disinterested appraiser and notify 85 be added hereto by agreement in writing. 127 the other of the appraiser selected within twenty days of such 86 Pro rata liability. This Company shall not be liable for a greater 128 demand. The appraisers shall first select a competent and dis- • 87 Proportion of any loss than the amount 129 interested umpire: and failing for fifteen days to agree upon 88 hereby insured shall bear to the whole insurance covering the 130 such umpire, then, on request of the insured or this Company, 89 property against the peril involved,whether collectible or not. 131 such umpire shall be selected by a judge of a court of record in 90 Requirements in The insured shall give immediate written 132 the state in which the property covered is located. The ap- 91 case loss occurs. notice to this Company of any loss, protect 133 praisers shall then appraise the loss, stating separately actual 92 the property from further damage, forthwith 134 cash value and loss to each item; and, failing to agree, shall 93 separate the damaged and undamaged personal property, put 135 submit their differences, only, to the umpire. An award in writ 94 it in the best possible order, furnish a complete inventory of 136 ing, so itemized, of any two when filed wish this Company shall 95 the destroyed, damaged and undamaged property, showing in 137 determine the amount of actual cash value and loss. Each 96 detail quantities, costs, actual cash value and amount of loss 138 appraiser shall be paid by the party selecting him and the ex- 97 claimed; and within sixty days after the loss, unless such time 139 penses of appraisal and umpire shall be paid by the parties 98 is extended in writing by this Company, the insured shall render 140 equally. 99 to this Company a proof of loss, signed and sworn to by the 141 Company's It shall be optional with this Company to 100 insured, stating the knowledge and belief of the insured as to 142 options- take all, or any part, of the property at the 101 the following: the time and origin of the loss, the interest of the 143 agreed or appraised value, and also to re- 102 insured and of all others in the property, the actual cash value of 144 pair, rebuild or replace the property destroyed or damaged with 103 each item thereof and the amount of loss thereto, all encum- 145 other of like kind and quality within a reasonable time, on gw- 104 brances thereon, all other contracts of insurance, whether valid 146 mg notice of its intention so to do within thirty days after the 105 or not, covering any of said property, any changes in the title. 147 receipt of the proof of loss herein required. 106 use, occupation, location, possession or exposures of said prop- 148 Abandonment. There can be no abandonment to this Corn- 107 erty since the issuing of this policy, by whom and for what 149 pony of any property. 108 purpose any building herein described and the I parts 150 When loss The amount of loss for which this Company 109 thereof were occupied et the time of loss and whether or not it 151 payable. may be liable shall be payable sixty days 110 then stood on leased ground, and shall furnish a copy of all the 152 after proof of loss, as herein provided, is 111 descriptions and schedules in all policies and, if required. verified 153 received by this Company and ascertainment of the loss is made 112 plans and specifications of any building, fixtures or machinery 154 either by agreement between the insured end this Company ex. 113 destroyed or damaged. The insured, as often as may be reason- 155 pressed in writing or by the filing with this Company of an 114 ably required, shall exhibit to any person designated by this 156 award as herein provided. 115 Company all that remains of any property herein described, and 157 Suit. No suit or action on this policy for the recov- 116 submit to examinations under oath by any person named by this 158 cry of any claim shall be sustainable in any 117 Company, and subscribe the same; and, as often as may be 159 court of law or equity unless all the requirements of this policy 118 reasonably required, shall produce for examination all books of 160 shall have been complied with, and unless commenced within 119 account, bills, invoices and other vouchers, or certified copies 120 thereof if originals be lost, at such reasonable time and place as 161 twelve months next after inception of the loss. 121 may be designated by this Company or its representative, and 162 Subrogation, This Company may require from the insured 122 shall permit extracts and copies thereof to be made. 163 an assignment of all right of recovery against 123 Appraisal. In case the insured and this Company shall 164 any party for loss to the extent that payment therefor is made 124 fail to agree as to the actual cash value or 165 by this Company. Includes Standard Fire Insurance Policy for Missouri. Other fire insurance is prohibited in the sate of Missouri. FLORIDA and WISCONSIN: The words "five days' " in line 62 of the provisions hereinafter are changed • to "ten days' ". IDAHO: The words "five days' " in line 62 of the provisions hereinafter are changed to "twenty days' ". KANSAS: The words "demand and" in line 58 and "on demand" in lines 65 and 67 of the provisions hereinafter are deleted.The words "twelve months" in line 161 of the pro...-inns hereinafter are changed to "sixty months". MAINE: The words "five days' " in line 62 and "twelve months" in line 161 of the provisions herein- after,are changed to "ten days' "and "twenty-four months" respectively. MICHIGAN: Following line 156,the following is added: If a municipality has elected to apply the provisions of Michigan Public Act 495 of 1980,a part of this Company's payment for fire or explosion loss to insured real property in that municipality will be with- held in the event that the loss is subject to the provisions of the act. The withheld amount will be paid either to the municipality or to the named insured, and Mortgagee, if any,according to the provisions of Public Act 495. This Company will notify the named insured,any Mortgagee and the municipality of any loss subject to the provisions of Public Act 495. MAINE, MICHIGAN and NEW HAMPSHIRE: The time of inception and the time of expiration of this policy shall be 12:00 Noon Standard Time. STATE MISSOURI: Lines 60-67 are deleted and replaced by the following: EXCEPTIONS This policy may be cancelled, not renewed, reduced in amount, or adversely modified at any time by the company giving to the insured thirty (30) days written notice of such action with or without tender of the excess of paid premium above the pro rata premium for the expired time, which excess, if not tendered, shall be refunded on demand. Only ten (10) days notice is required where such action is based upon non-payment of premium or evidence of incendiarism by the insured." Lines 141 through 147 are deleted and replaced by the following: Upon partial destruction or damage to insured property, this company shall pay the insured a sum of money equal to the damage done or repair the same to the extent of such damage, not exceeding the amount written in the policy, so that said property shall be in as good condition as before the fire, at the option of the insured, pursuant to section 379.150 RSMo (19691." NEW JERSEY and MICHIGAN: The words "sixty days" in line 151 of the numbered line provisions are changed to "thirty days". NORTH CAROLINA: The line designated 161 is amended by deleting the words "twelve months" • appearing therein and inserting in lieu thereof the words "three years". NORTH DAKOTA: The words "twelve months" in line 161 of the provisions hereinafter, are changed to "thirty-six months". WYOMING: The words"sixty days'"in line 151 of the numbered line provisionsare changed to"forty-five days' ". The words "twelve months" in line 161 of the provisions hereinafter are changed to"four years". Page 2 of 2. • Declarations Named Insured: Colorado Counties. Inc. 1. This policy covers Blanket Real, Personal Property, Contractors Equipment, Fine Arts, Glass, Valuable Papers, Data Processing Equipment and Media, Extra Expense, Builders Risks and Installations, Transit, and Vehicle Damage. 2. Limit of Liability The Insurer(s) shall not be liable hereunder in any one loss, casualty or disaster for more than $50,000,000 per occurrence. For sublimits refer to page 1 of 8, paragraph III. 3. In consideration of the provisions and stipulations herein this policy shall apply for a term of one (1) year commencing the 1st day of July, 1988, at 12:01 a.m. , and expiring the 1st day of July, 1989 at 12:01 a.m., except where (statutory requirements) this policy must begin at noon, standard time at the locations of property insured hereunder. The premium for this term is $105,853. 4. Eadh claim for loss or damage shall be adjusted separately and the Insurer's liability shall be limited to that amount excess of $150,000. Attached to and made part of policy number 144JA0524 of the St. Paul Fire and Marine Insurance Company. Date July 1, 1988 Agent I. NAME OF ASSURED It is agreed that the unqualified word "Assured" wherever used in this Insurance includes not only the Named Assured but also - any official , trustee or employee of the Named Assured while acting within the scope of his duties as such, and any person, organization, trustee or estate to whom the Named Assured is obligated by virtue of written contract or agreement to provide insurance such as is offered by this Insurance, but only in respect to operations by or on behalf of the Named Assured; II. TERRITORY This policy covers anywhere in the Continental United States of America and Canada. III. In calculating the amount of Ultimate Net Loss under Part I (Aggregate Agreement) and Part II (Specific Excess Agreement) this Insurance is deemed to have the following maximum limits which will apply for all purposes to the Assured's Loss Fund and to the Specific Excess Agreement: (a) $50,000,000 in the aggregate annually as respects any Flood loss under Section I. (b) $50,000,000 in the aggregate annually as respects any Earthquake loss under Section I. (c) S 1 ,000,000 newly acquired property, per location, values in excess of $1 ,000,000. are to be reported to this Company in sixty (60) days. (d) $1 ,000,000 builders risks, renovations, repairs made by the Insured at any location (including new locations) within the territorial limits of the policy, any one occurrence. (e) $ 500,000 at any unscheduled location, any one occurrence. IV. SERVICE ORGANIZATION This Insurance is issued to the Assured on the express condition that the Assured undertakes to utilize at all times the services of Rollins, Burdick, and Hunter. This Service Organization shall perform the following duties: (a) Discharge the Assured's obligations under the terms of this Agreement by administering a complete claims handling program. (b) Maintain accurate records of all reported claims and details incident to loss and expense payments. I of 8 (c) Furnish loss prevention consulting services. Recommend loss control programs for implementation by the assured and monitor loss prevention activities. (d) Furnish monthly claims records on an approved form. The acceptance of these services shall be a condition precedent to any liability which may attach to the Underwriters in accordance with the terms and conditions of this Insurance. SECTION I - PROPERTY INSURANCE INSURING AGREEMENTS AGREEMENT A - BUILDING AND CONTENTS: Underwriters agree, subject to the limitations, terms and conditions of this Insurance, to indemnify the Assured for risks of physical loss or damage to All Real or Personal Property of every kind and description wherever located occurring during the period of this Insurance. AGREEMENT B - AUTOMOBILE: Underwriters agree, subject to the limitations, terms and conditions of this Insurance, to indemnify the Assured for loss or damage to Automobiles owned by the Assured or on which the Assured has an obligation to provide adequate insurance, wherever located, against Risks of Direct Physical Loss, including Collision of the Automobile with another object. SECTION I - DEFINITIONS I. PROPERTY OF THE ASSURED: The term "Assured's Property" shall mean All Real and Personal Property, including leasehold improvements or betterments which the Assured owns, property which the Assured holds on consignments or agrees to insure by any contractual agreement normal to its operations. 2. AUTOMOBILE: The term "Automobile" shall mean any motor vehicle, trailer or semi-trailer, including its equipment and any other equipment permanently attached thereto. The word "Trailer" shall include semi-trailer. 3. ULTIMATE NET LOSS: The words "Ultimate Net Loss" in respect of this Section shall be understood to mean the loss sustained by the Assured after making deductions for all recoveries and salvages. 4. EARTHQUAKE: If more than one earthquake shock shall occur within any period of seventy-two (72) hours during the term of this Insurance, such earthquake shock shall be deemed to be a single earthquake within the meaning hereof. 2 of 8 SECTION I - EXCLUSIONS WITH REGARD TO ALL PROPERTY, THIS INSURANCE DOES NOT INSURE AGAINST: I. Loss by moth, ervermin, termites other minsects; wear, tear or gradual deterioration; 2. Loss or damage caused by (a) Radioactive or fissionable material . above, unless directly resulting (b) Contamination, other than by (a) from Fire or Extended Coverage perils. 3. Loss resulting from loss of use, delay or loss of markets. 4. Breakdown of machinery and/or boiler explosion but not excluding loss resulting therefrom. iation in 5. from perilssoffFireoandere or ExtendedrCoverage. temperature Loss This exclusion shall not be deemed to exclude loss resulting from freezing. 6. Loss of electrical appliances or devices of any kind, including wiring, arising from electrical injury or disturbance to the said electrical appliances or devices or wiring from artificial causes unless fire or explosion ensues, and then only for direct loss or damage caused by such ensuing fire or explosion. WITH REGARD TO ALL REAL PROPERTY, THIS INSURANCE DOES NOT INSURE AGAINST: loss by normal settling, normal shrinkage or normal expansion in foundations, walls, floors or ceilings. WITH REGARD TO PERSONAL PROPERTY, THIS INSURANCE DOES NOT INSURE AGAINST: 1. Loss by mechanical derangement, inherent vice or latent defect. 2. Loss resulting from processing or faulty workmanship, unless fire and/or explosion ensues, and then only for direct loss or damage caused by such ensuing fire or explosion. 3. Loss resulting from shrinkage, evaporation, loss of weight or leakage, unless such loss is caused directly by fire or the combating thereof, lightning, windstorm, hail , explosion, strike, riot or civil otcommotion, aircraft, vehicles, breakage of pipes or apparatus, sprinkler vandalism and malicious mischief, theft or attempted theft. s or s from 4. shortage, ious of the resulting or any of his employees. PROPERTY EXCLUDED FROM COVERAGE HEREUNDER: Animals, ircraft, ing timber,currency,amoney, notes,,dsecurities, deeds, and crops, ande accounts, videncesofdebt. 3 of 8 SECTION I - CONDITIONS . 1. VALUATION: The Underwriters shall not be liable for loss or damage in excess of: A. (Real and Personal Property - other than automobile) - the cost to repair, rebuild or replace the destroyed or damaged property in a condition equal to but not superior to or more extensive than its condition when new. If the Assured decides to replace destroyed or damaged property on another site, cost of such site is not included hereunder. It is a requirement that if the Insured does not repair, replace or rebuild the property within two years from the date of loss, this property shall be valued at ACV. B. (Automobile) - the actual cash value of the automobile at the time of loss. 2. DEBRIS REMOVAL: This Insurance covers the expense of removal from the premises containing the property insured hereunder of debris remaining after any loss hereby insured against, except that there shall be no liability assumed for the expense of removal of any foundations. 3. REMOVAL CLAUSE: This Insurance covers the expense and damage occasioned by removal from the premises endangered by the perils insured against wherever such property is located or removed for preservation. 4. ARCHITECTS FEES: This Insurance covers the additional assessment involving architects' fees for consultations arising from losses resulting from an insured peril . Fees are limited to seven (7%) percent of replacement cost. 5. APPRAISAL: In the event the Assured and Underwriters are unable to agree as to the amount necessary to rebuild, repair or replace the damaged or destroyed property or the actual amount of reimbursement to be paid, each party shall name a competent and disinterested appraiser and the two so chosen shall , before proceeding further, appoint a competent and disinterested umpire. The appraisers together shall obtain reconstruction estimates, and calculate the amounts of reimbursement due, and failing to agree, shall submit their differences to the umpire. The award, in writing, duly verified by any two shall determine the points in question. Both parties shall pay the cost of their own appraisers and equally pro rate the cost of the umpire. 6. CIVIL AUTHORITY CLAUSE: Notwithstanding anything contained in this Insurance, property which is insured under this Insurance is also covered against the risk of damage or destruction by civil authority during a conflagration and for the purpose of retarding the same; provided that neither such conflagration nor such damage or destruction is caused or contributed to by war, invasion, revolution, rebellion, insurrection or other hostilities or warlike operations. 4 of 8 7. ORDINANCE DEFICIENCY CLAUSE: Notwithstanding anything contained herein to the contrary, the Underwriters shall be liable also for the loss occasioned by the enforcement of any state or municipal law, ordinance or code, which necessitates, in repairing or rebuilding, replacement of material to meet such requirements. If demolition is required to comply with such enforcement Underwriters shall also be liable for such additional costs. 8. EXPENSE TO REDUCE OR PREVENT LOSS: This Insurance also covers such expenses as are necessarily incurred for the purpose of reducing or preventing any loss under this Insurance not exceeding, however, the amount by which the loss under this Insurance is thereby reduced. SECTION II - GENERAL CONDITIONS 1 . PREMIUM PROVISION: See Declarations page. 2. SALVAGE AND RECOVERY CLAUSE: All salvages, recoveries and payments recovered or received subsequent to a loss settlement under this Insurance shall be applied as if recovered or received prior to the said settlement and all necessary adjustments shall be made by the parties hereto. 3. INSPECTIONS, AUDIT AND VERIFICATION OF VALUES: The Underwriters or their duly authorized representatives shall be permitted at all reasonable times during continuance of this Insurance to inspect the premises used by the Assured and to examine the Assured's books or records so far as they relate to coverage afforded by this Insurance. 4. RECORDS: It is hereby understood and agreed that the records and books as kept by the Assured shall be acceptable to Underwriters in determining the amount of loss or damage covered hereunder. 5. DUE DILIGENCE CLAUSE: The Assured shall use due diligence and do and concur in doing all things reasonable practicable to avoid or diminish any loss of or damage to the property herein insured. 6. CANCELLATION: This Insurance may be cancelled as of any anniversary date by either of the parties upon written notice to the other party, provided said notice is issued at least ninety (90) days prior to'the said anniversary. 5 of 8 If the period of limitation relating to the giving of notice is prohibited or made vatd by any law controlling the construction thereof, such period :shall be deemed to be amended so as to be equal to the minimum period of -limitation permitted by such law. 7. CURRENCY: The premium and losset under this Insurance are payable in United States Currency. Pafrent of premium shall be made to Rollins, Burdick, and Hunter. a- 8. BANKRUPTCY AND INSOLVENCY: In the event of the bankruptcy or insolvency of the Assured or any entity comprising the-Assured, the Underwriters shall not by relieved of the payment of any fClaims hereunder because of such bankruptcy or insolvency. Ir 9. OTHER INSURANCE: J7 If the Assured has outer Insurance against loss covered by this Insurance the Underwriters shall be liable, under the terms of this Insurance, only as excess of coverage provided by such other Insurance, and no monies payable or collectible from such other Insurance shall accrue in the aggregate loss fund of this Insurance. 10. MORTGAGE CLAUSE: mr The interest of any mortgagor on property covered hereunder is included as if a separate endorsement were attached hereto to the extent of the amount of mortgage as:-of the date of loss subject to the limits of liability set forth in this Insurance. 11. CLAIMS: The Assured shall imfediately notify Underwriters through Rollins, Burdick, and Hunter by registered mail , of any occurrence, the cost of which is likely to result in payment by Underwriters under this Insurance. Underwriters shall have the opportunity to be associated with the Assured in defense of any claims, suits, or proceedings relative to an occurrence wherein the opinion of the Underwriters, their liability undert this Insurance is likely to be involved, in which case the Assured andcUnderwriters shall cooperate to the mutual advantage of both. a: 12. LOSS PAYMENTS: 1 Lt When it has been deteremined that Underwriters are liable under this Insurance, Underwriters shall thereafter promptly reimburse the Assured for all payments madeuin excess of the amounts stated of the Limits Agreement. All adjusted claims shall be paid or made good to the Assured within thirty -days after their presentation to Rollins Burdick, and Hunter, and acceptance by Underwriters of satisfactory proof of interest and loss. 6 of 8 13. APPEAL: In the event the Assured and Underwriters are unable to agree to the advisability of appealing a judgment, a disinterested attorney, mutually agreeable to the Underwriters and the Assured, shall be retained and directed to render a written opinion as to his recommendation concerning such appeal . Such written recommendation shall be binding on both the Assured and Underwriters. Fees of such retained attorney shall be borne equally by both parties for the services of rendering his recommendation only. The Assured's portion of such fee shall not accrue in the aggregate loss fund. 14. LITIGATION PROCEEDINGS: No suit to recover on account of loss under this Insurance shall be brought until ninety days after the proof of loss shall have been furnished, nor at all unless commenced within twenty seven months from thofethete upon Assured; ifh loss not, thecurred, if twenty sevench loss is months shallthin beginhe upononotdge ice to the Assured to such loss or claim. 15. SUBROGATION: The Underwriters shall be subrogated to all rights which the Assured may have against any person or other entity in respect to any claim or payment made under this Insurance, and the Assured shall execute all papers required by the Underwriters and shall cooperate with the Underwriters to secure Underwriter's rights. In case any reimbursement obtained or recovery made by the Assured or the Underwriters on account of any loss covered by this Insurance, the net amount of such reimbursement or recovery, after deducting the actual cost of obtaining or making the same, shall be first applied in the following order: (a) Amount of loss which exceeds the applicable limit of liability. (b) To reduce the Underwriters' loss until the Underwriters are fully reimbursed. (c) To reduce the Assured's loss because of the application of the aggregate loss fund. 16. WAIVER OF SUBROGATION: This Insurance shall not be invalidated if the Assured by written agreement has waived or shall waive its right of recovery from any party for loss or damage covered hereunder; provided, that any such waiver is made prior to the occurrence of said loss or damage. 17. CONFLICTING STATUTES: In the event that any provision of this Insurance is• unenforceable by the Assured under the laws of any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby because of non compliance with any statute thereof, then this policy 7 of 8 shall be enforceabletfortts for the Assured with the same effect as if it complied wi 18. ASSIGNMENT: • Assignment of interest under this Insurance shall not bind the Underwriters until the Underwriters' consent is endorsed hereon. • 19. CHANGES: that it embodies all agreements existing acceptance of this Insurance the Assured agrees ief ie its ay between the Assured and Underwriters or conditions agents relating to this Insurance. None of the provisions, or other terms of this Insurance shall be waived knowledge possessed by ved or alteredd except by endorsement; nor shall notice to any a 9 bet or any agent or by any other person be held to effect a waiver or change in any part of this Insurance. 20. WAR CLAUSE: Coverage does not apply under this Insurance for tloss sgorodamage directly or indirectly occasioned by, happening weapon of consequence of war, invasion, acts of foreign enemies, an civil war, war employing atomic fissionhorhra radioactive e eefoforce cedwhether her)in time of prebellion,ebe or war, hostilities insurrection, military or usurped power, fis revolution, by or under the order of any government or public or confiscation or nationalization or requisition or destruction of or damage to property of local authority unless such acts of destruction by order of civil from authority is at the time of and for therpurpose er of preventingspread fire; or claims or liability arising nuclear fission, nuclear fusion or radioactive contamination. 21 . FRAUDULENT CLAIMS: If the Assured shall make any claim knowing the same to be false or fraudulent, as regards amount or otherwise, this Insurance shall become void and all claim hereunder shall be forfeited. HEREON: 100% OF 100% OF LIMITS AND PREMIUM ATTACHING TO AND FORMING PART OF POLICY NUMBER 144JA0524, ST. PAUL FIRE AND MARINE INSURANCE COMPANY. ST. PAUL FIRE 5 MARINE INSURANCE CO. DATED: JULY 1 , 1988. BY 8 of B • • ENDORSEMENT attaching to and forming part of Policy No. 144JA0524 in the name of Colorado Counties, Inc. Effective date of this endorsement is July 1, 1988. Endorsement No. 1 TRANSIT EXTENSION INSURING CLAUSE In s consideration of the policyptomium whichaid thisnd subject to the Extension is attachedsanditot and the following conditions and exclusions, this insurance is hereby extended to cover: Personal property of the Assured or property held by the Assured in trust or on commission or on consignment for which the Assured may be held legally liable while in due course of transit within the limits of the Continental United States of America (excluding Hawaii) and Canada, against All Risks of Direct Physical Loss or Damage to the property insured occurring during the period of this policy (including general average and salvage charges on shipments covered while waterborne) . PERILS EXCLUDED This extension does not insure against: 1) Loss or damage to personal property resulting from: shrinkage, evaporation, loss of weight, leakage, breakage of glass or other fragile articles, marring, scratching, exposure to light, or change in colour, texture or flavour, unless such loss is caused directly by fire or the combating thereof, lightning, windstorm, hail , explosion, strike, riot or civil commotion, aircraft, vehicles, breakage of pipes or apparatus, sprinkler leakage, vandalism and malicious mischief, theft or attempted theft. 2) Loss of use, delay or loss or markets. 3) Loss or damage caused by or resulting from moth, vermin, termites, or other insects, inherent vice, latent defect, wear, tear or gradual deterioration; contamination; rust, wet or dry rot, mould, dampness of atmosphere, smog or extremes of temperature. ion, 4) Loss or infidelity oreanyudishonest actd by or uonithefrompart ofatheoAssurednorcothersparty of interest, his or their employees or agents to others to whom the property may be delivered or entrusted (carriers for hire excepted) . 5) Loss or damage to the property insured occasioned by war, invasion, hostilities, acts of foreign enemies, civil war, rebellion, insurrection, military or usurped power or martial law or confiscation by order of any Government or public authority. 1 of 3 6) Loss or damage arising directly or indirectly from nuclear reaction, nuclear radiation or radioactive contamination however such nuclear reaction, nuclear radiation or radioactive contamination may have been caused. Nevertheless if a fire arises directly or indirectly form nuclear reaction, nuclear radiation or radioactive contamination any loss or damage arising directly from that fire shall (subject to the provisions of this Policy) be covered excluding however all loss or damage caused by nuclear reaction, nuclear radiation or radioactive contamination arising directly or indirectly from that fire, 7) Loss or damage caused by breaddown or derangement of refigerating units. DEDUCTIBLE(S) Each loss or series of losses arising out of one event shall be adjusted separately and from the amount of each such adjusted loss the sum(s) stated shall be deducted. PROPERTY EXCLUDED This Extension does not cover: 1) a. Aircraft, watercraft, vehicles designed for highway use, animals, jewelry, precious stones and furs or garments trimmed with fur. b. Accounts, bills, currency, money, notes, securities, deeds, evidences of debt and valuable papers. 2) Property in due course of ocean marine transit. 3) Shipments by mail after delivery into the custody of the Post Office Department. 4) Samples whilst in the care, custody or control of salesmen. CONDITIONS 1) The Assured may accept without prejudice to this insurance the ordinary bills of lading or receipts issued by carriers including those containing released and/or partially released value provisions, but the Assured shall not enter into any special agreement with carriers releasing them from their common law or statutory liability. 2 of 3 • 2) Property insured hereunder shall be valued as follows: A. Sold property at the actual net invoice price of the Assured. B. Unsold property at the actual cash value of the property at the time any loss or damage occurs with property deduction for depreciation and in no event to exceed what it would cost to repair or replace the property with material of like kind and quality. Subject otherwise to all terms, clauses and conditions as heretofore. Dated: July 1, 1988 St. Paul Fire and Marine Insurance Company by 3 of 3 • ENDORSEMENT attaching to and forming part of Policy No. 1443A0524 in the name of Colorado Counties, Inc. Effective date of this endorsement is July 1, 1988. Endorsement No. 2 EXTRA EXPENSE 40/80/100% of Limit It is agreed that if the property insured by Insuring Agreement A of Section I is damaged or destroyed by perils insured against in said Insuring Agreement A during the this ance so as ate nce of Extra eriod Extra Expense so incurred, not exceeding the actual loss sustained, for not exceeding such length of time, hereinafter referred to as the "period of restoration" . iIt is ncreaserther agreed that this Underwriters limitsxofnsion is coverae liability hereu shall not operate to nder. the amount Poolicyrthansishall be stated beloweforr no greater the determinedrperiodeoff of this restoration. 40% if period of restoration is not in excess of one month; 80% if period of restoration exceeds one month but does not exceed two months; 100% if period of restoration exceeds two months. DEFINITIONS (a) Extra Expense: The term "Extra Expense" means the excess (if any) of the total cost incurred during the period of restoration chargeable to the operation of the Assured's business, over and above the total cost that would normally have been incurred to conduct the business during the same period had no damage or destruction occurred. Any salvage value of property obtained for temporary use during the period of restoration which remains after the resumption of normal operations, shall be taken into consideration in the adjustment of any loss hereunder. (b) Normal : T have existed The term al" wherever ver usedrherherein shall mean; the condition Nor (c) Month: The word "month" wherever used herein means 30 consecutive days. (d) Period of Restoration: The term "period of restoration means such length of time commencing with the date of damage and not limiited by the date of exiration of this policy, as would be required with the exercise of due diligence and dispatch to repair, rebuild or replace such part of the Assured' s property as has been damaged or destroyed. 1 of 3 • CONDITIONS (a) Resumption of Operations: It is a condition of this Insurance that as soon as praticable, the Assured shall resume normal operations of the business and shall dispense with such extra expense. (b) Interruption by Civil Authority: Liability hereunder is extended to include actual loss as covered hereunder, sustained during the period of time, not exceeding two weeks, when as a direct result of a peril insured against, access to the premises in which the property described is located is prohibited by order of civil authority. EXCLUSIONS In addition to the General Exclusions of this Insurance, Underwriters shall not be liable for Extra Expense resulting from: (a) The suspension, lapse or cancellation of any lease, license, contract or order beyond the period of restoration; (b) Interference at premises by strikers or other persons with rebuilding, repairing or replacing the property damaged or destroyed or with the resumption or continuation of business; (c) Enforcement of any local or state ordinance or law regulating construction, repair or demolition of buildings or structures; Further, Underwriters shall not be liable for: (a) more than the amount set forth in the limits of liability for each premises; (b) loss of income; he real or al(c) repairing or thercostcof9 an of researchtor other expensennecessa property the of necessary to replace or restore damaged or destroyed books of account, abstracts, drawings, card index systems or other records (including film, tape, disc, drum, cell or other magnetic recording or storage media for electronic data processing) , that have pbeen damaged or destroyed by the perils insured against, except cost in excess of the normal cost of such repair, replacement or restoration necessarily incurred for the purpose of reducing loss under this policy. In no event shall such excess cost exceed the amount by which the total extra expense loss otherwise payable under this policy is therby reduced; 2 of 3 • (d) loss resulting form theft of any property which at the time of loss is not an integral part of a building or structure (except direct loss by p g and looting occurring during and at the immediate place of a riot or civil commotion) , unless loss by a peril not excluded in this policy ensues from theft or attempted theft, and then the Underwriters shall be liable for only such ensuing loss; (e) any other consequential or remote loss. Subject otherwise to all terms, clauses and conditions as heretofore. Dated: July 1, 1988. St. Paul Fire and Marine Insurance Company by • 3 of 3 ENDORSEMENT attaching to and forming part of Policy No. 144JA0524 in the name of Colorado Counties, Inc. 1� 1988. Endorsement No. 3 Effective date of this endorsement is July JOINT LOSS ENDORSEMENT In the event of damage to or destruction of property, at a location designated in this policy and also designated in a boiler & machinery insurance policy and there is a disagreement between the insurers with respect to: a Peril insured or by an Accident insured against by such (I) whether such damage or destruction was caused by against by this policy boiler & machinery insurance policy or, (2) the extent of participation iofa this sspolicy ais nd iofu such abboiler , machinery insurance policy or all of said policies. partially pay to the The Underwriters shall ftupon wtiofen eelosst of haislinured,disa had disagreement, but no but in unt e s no eve ooathanftheeUnderwritershw uldfhavechpaideif tore hadlbeenng o event more insurance policy in boiler & machinery conditions: undisputed claims payable under the said (I) The amount of the loss which is in disagreement by ter making and e any nr the i of the loss is mumee upon tlremainin ; the insurers, is limited to the minimum amount remaining payable under either the boiler & machinery a to the (2) The boiler & machinery insurer shall simultaneously pay Insured one-half of said amount which is in disagreement; (3) Tby payments by ge insurers agreement ofr and theacceptance tofsubmit same to the insured ew signify ar and proceed with arbitration within 90 days of such payments; The arbitrators shall be three in number, one of whom sh all be appointed' by the boiler & machinery insinsurer rer anddronefwhom shall appointed by be appointed by the fire insurer(s) third arbitrators shall consent of the other two, and the decision by be binding ;on the insurers and that judgment mupon such award may be entered in any court of competent jurisdiction; (4) The insured agrees to cooperate in connection with such arbitration but not to intervene therein; 1 of 2 (5) the provisions of this endorsement shall not apply unless such other policy issued by the boiler & machinery insurance company is similarly endorsed; and (6) Acceptance by the Insured of sums paid pursuant to the provisions of this endorsement, including an arbitration award, shall not operate oalter , a n iv ay rf nde nrarioruiany way affect the rights o the Insured Subject otherwise to all terms, clauses and conditions as heretofore. DATED: July 1, 1988 St. Paul Fire and Marine Insurance Company. by • 2 of 2 ENDORSEMENT attaching to and forming part of Policy No. 144JA0524 in the name of Colorado Counties, Inc. Effective date of this endorsment is July 1, 1988. Endorsement No. 4 CANCELLATION: This Insurance may be canelled as of any anniversary date of either of the parties 90) days thereafter cancellation party hal be effected. not less than ninety (90) Y retainsthescustomaryashort rateeproport ion eofs the epremium d the n derwriters shall hereon, except that if this Insurance is on an adjustable basis the Underwriters shall reive the earnedany minimum premiumpremium stipulated eherein twhichever he risy s the t rate proortion of greater. If this Insurance shall by cancelled by or on behalf of the Underwriters the n the pro hereon, exceptUnderwriters this iInsuran rata proportion ce isonan the adjustablebasisethem Underwriters shall receive rstipulated premium herein whichever1is' the proporrtion of anyy minumum premium greater. Payment or tender of any unearned premium by the Underwriters shall not be a condition precedent to the effectiveness of Cancellation but such payment shall be made as soon as practicable• of notice is prohibited If the period of limitation relating to the giving or made void by any law controlling the construction therof, such perioid shall be deemed to be amended slso as to be equal to the minimum period of limitation permitted by such w. Subject otherwise to all terms, clauses and conditions as heretofore. DATED: July 1, 1988. St. Paul Fire and Marine Insurance Company by I Your Policy is Amended as Follows: Perils Ekcluded - is amended to include: Pollution and Contamination This policy does not cover loss or damage to covered p cau ed f toxic directly or indirectly by the release or discharge or hazardous substances, contaminants or pollutants. Nor will we cover the cost of removal, disposal, decontamination or replacement of insured property which has been contaminated by toxic or hazardous substances, contaminants or pollutants and which by law or civil authority must be restored, disposed of or decontaminated. Such loss to covered property is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. If loss otherwise covered by this policy occurs and the cost of removal of debris is increased due to the presence of toxic or hazardous substances, contaminants, or pollutants, this policy will only be liable for the cost of debris removal which would have been incurred had no toxic or hazardous substances, contaminants, or pollutants been present in, on, or about the covered property to be rued. For purposes of this Insurance Pollutants shall mean any solid, liquid, gaseous or thermal irritant or contaminant including: . vapors, flames . acids, alkalis, chemicals and . waste Waste includes materials to be recycled, reconditioned or reclaimed. N All other terms and conditions remain unchanged. mPolicy issued to • If we issue this form after the date your policy takes effect, we must complete these spaces and our representative must sign below. Authorized representative Agreement takes effect 7188 Policy number �- 144JA0524 Insuring Agreement Endorsement number to Insuring Agreement Endorsement number_5 to Ost.Paul Fire and Marine Insurance CompanY. 1980. Hello