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Home My WebLink About000126.tiff County Technical Services, Inc. August 14, 1992 TO: CAPP Designated Correspondents FROM: Louella Casias, Technical Assistant RE: CAPP 1992/93 Policies - Enclosed you will find the following policies for the policy year July 1, 1992 through June 30, 1993. 1. Excess Liability Policy #4265193 2. Excess Property Policy #102KA0661 3. Boiler and Machinery Policy #M5J660920J5992TIL92 These policies should be filed in the CAPP Insuring Agreements binder (blue/white letters). Please contact me if I can answer any questions pertaining to this matter. /lc 126 1177 Grant Street, Suite 200 • Denver, Colorado 80203 • (303) 861-0507 • Fax (303) 861-2832 POLICY NUMBER: 426 5193 Renewal of: 426 50 93 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 70 PINE STREET, NEW YORK, NEW YORK 10270 EXCESS LIABILITY POLICY DECLARATIONS Item 1. NAMED INSURED AND MAILING ADDRESS: COLORADO COUNTIES CASUALTY AND PROPERTY POOL 1177 GRANT STREET DENVER, CO 80203 Item 2. POLICY PERIOD: July 1, 1992 To July 1, 1993 Item 3. PREMIUM: $460,000 Minimum and Deposit Item 4. SELF-INSURED RETENTION: $250,000 ULTIMATE NET LOSS each and every ACCIDENT Item 5. LIMIT OF LIABILITY: $750,000 ultimate net loss each accident excess of the Self-Insured Retention as stated in Item 4 of the Declarations; Item 6. RETROACTIVE DATE: July 1, 1986 unless endorsed otherwise. Item 7. FORMS ATTACHED AT INCEPTION: Manuscript Form, Endorsements Countersigned by: 04.02 0. ItcLulfrek, Authorized Representative - 1 - CHC30051 POLICY NUMBER: 426 51 93 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (herein the "Company") EXCESS LIABILITY POLICY THIS IS A CLAIMS MADE POLICY THIS POLICY IS NOT SUBJECT TO THE TERMS AND CONDITIONS OF ANY OTHER POLICIES IT SHOULD BE READ CAREFULLY In consideration of the payment of premium and in reliance upon the statements in the DECLARATIONS made a part hereof and subject to the LIMIT OF LIABILITY, EXCLUSIONS, CONDITIONS, and other terms of this POLICY, the COMPANY agrees with the NAMED INSURED, named in the DECLARATIONS, to provide coverage as follows: INSURING AGREEMENTS I. COVERAGE The COMPANY agrees to indemnify the NAMED INSURED for ULTIMATE NET LOSS for liability imposed by law or otherwise as agreed herein, or as assumed by the NAMED INSURED under contract or agreement to a PARTICIPATING MEMBER COUNTY, in respect of any CLAIM made during the POLICY PERIOD for: 1. PERSONAL INJURY, including death at any time resulting therefrom; or 2. PROPERTY DAMAGE, resulting from an ACCIDENT on or after the RETROACTIVE DATE in the DECLARATIONS. II. LIMIT OF LIABILITY The COMPANY shall only be liable for ULTIMATE NET LOSS in excess of the SELF-INSURED RETENTION stated in the DECLARATIONS and in no event for ULTIMATE NET LOSS in excess of the LIMIT OF LIABILITY stated in the DECLARATIONS. - 2 - CHC30051 Regardless of the number of CLAIMS made against the NAMED INSURED or a PARTICIPATING MEMBER COUNTY or number of PARTICIPATING MEMBER COUNTIES against which CLAIMS are made, the COMPANY'S LIMIT OF LIABILITY in respect of each ACCIDENT shall not exceed the LIMIT OF LIABILITY stated in the DECLARATIONS. DEFINITIONS 1. "ACCIDENT' - means an event or occurrence, including continuous or repeated exposure to the same general conditions, which commences on or after the RETROACTIVE DATE in the DECLARATIONS and which results in PERSONAL INJURY and/or PROPERTY DAMAGE as those terms are defined herein. In the event the same general conditions give rise to more than one CLAIM, the date upon which the same general conditions commenced shall be considered the date of loss, in which case the PERSONAL INJURY and/or PROPERTY DAMAGE, regardless of whether suffered by more than one individual person or individual entity, shall be treated as resulting from one ACCIDENT. 2. "CLAIM" - means any formal or written demand for monetary relief against the NAMED INSURED or a PARTICIPATING MEMBER COUNTY, or circumstances from which the NAMED INSURED or a PARTICIPATING MEMBER COUNTY reasonably believes a formal or written demand for monetary relief will be forthcoming, but only if the NAMED INSURED or a PARTICIPATING MEMBER COUNTY becomes aware of such during the POLICY PERIOD and written notice is provided to the COMPANY during the POLICY PERIOD or no later than sixty (60) days following non-renewal or cancellation. 3. "CONTAMINATION" - means any unclean or unsafe or damaging or injurious or unhealthful condition arising out of the presence of POLLUTANTS, whether permanent or transient in any ENVIRONMENT. 4. "ENVIRONMENT' - means any person, any manmade object or feature, animals, crops and vegetation, land, bodies of water, underground water or water table supplies, air and any other feature of the earth or its atmosphere, whether or not altered, developed or cultivated, including, but not limited to any of the above, owned, controlled, or occupied by a PARTICIPATING MEMBER COUNTY. -3 - CHC30051 5. "NAMED INSURED" - means the entity stated in Item 1. of the DECLARATIONS and its elected and appointed officials, trustees, directors, officers, employees, agents and volunteers, but only to the extent such individuals are acting within the scope of their official duties with the NAMED INSURED. 6. "PARTICIPATING MEMBER COUNTY" - means: (a) a legal public entity participating in the Colorado Counties Casualty and Property Pool, but limited only to the counties listed in Endorsement 1. to this POLICY, and coverage for additional counties must be requested In writing to the COMPANY and specifically endorsed hereon; (b) its elected and appointed officials, trustees, directors, officers, district attorneys and their assistants, employees; agents and volunteers, but only to the extent such individuals are acting within the scope of their official duties with a PARTICIPATING MEMBER COUNTY; and, (c) any person while using an automobile owned or hired by a PARTICIPATING MEMBER COUNTY and any person or organization legally responsible for the use thereof, provided the actual use of the automobile is for or on behalf of a PARTICIPATING MEMBER COUNTY and within the scope and permission thereof, and to include any official, trustee or employee of a PARTICIPATING MEMBER COUNTY with respect to the use of non-owned automobiles in the business of a PARTICIPATING MEMBER COUNTY. This POLICY with respect to any person or organization other than a PARTICIPATING MEMBER COUNTY does not apply: 1. to any person or organization or to any agent or employee thereof, operating an automobile sales agency, repair shop, service station, storage garage or public parking place, with respect to any ACCIDENT arising out of the operation thereof; 2. to any employee of a PARTICIPATING MEMBER COUNTY with respect to injury to or sickness, disease or death of another employee of the same PARTICIPATING MEMBER COUNTY injured in the course of such employment in an accident arising out of the maintenance or use of an automobile in the business of such employer; - 4 - CHC30051 3. with respect to any hired automobile, to the owner or a lessee thereof, other than a PARTICIPATING MEMBER COUNTY, nor to any agent or employee of such owner or lessee; or, 7. "PERSONAL INJURY' - means: (a) bodily injury, mental injury, mental anguish, shock, sickness, disease, disability, false arrest, false imprisonment, wrongful eviction, detention, malicious prosecution, discrimination, humiliation, invasion of the right of privacy, libel, slander, defamation of character, piracy and any infringement of copyright or of property, erroneous service of civil papers, violation of civil rights, assault and battery, and disparagement of property; or (b) bodily injury arising out of the rendering of or failure to render medical services or attention to any person or persons (other than employees of a PARTICIPATING MEMBER COUNTY injured during the course of their employment) by any duly qualified and licensed emergency medical technicians, paramedics, nurses, and medical doctors (but with respect to medical doctors limited to their duties as a coroner), but only while employed by or acting on behalf of a PARTICIPATING MEMBER COUNTY. 8. "POLLUTANTS" - means smoke, vapors, soot, fumes, acids, sounds, alkalies, chemicals, liquids, solids, gases, thermal pollutants, and all other irritants or contaminants. 9. "PROPERTY DAMAGE" - means: (a) physical injury to or destruction of tangible property, including the loss of use resulting therefrom; or (b) loss of use of tangible property which has not been physically injured or destroyed, but excluding damage to property owned by the NAMED INSURED or by a PARTICIPATING MEMBER COUNTY, except for damage to the property of others in the care, custody or control of the NAMED INSURED or a PARTICIPATING MEMBER COUNTY, but only to the extent no other insurance is available to the NAMED INSURED or a PARTICIPATING MEMBER COUNTY. 10. "HEALTH PROFESSIONAL SERVICES" - means the rendering or failure to render by the NAMED INSURED of a PARTICIPATING MEMBER COUNTY or any person or organization acting on their behalf, the following: - 5 - CHC30051 (a) medical, surgical, dental or nursing treatment, including the furnishing of food or beverages in connection therewith; (b) furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; (c) service by any person or committee or entity as part of a formal accreditation or similar professional board or committee or as a person or committee or entity charged with the duty of executing directives of any such board or committee; 11. "ULTIMATE NET LOSS" - means the total sums which the NAMED INSURED or a PARTICIPATING MEMBER COUNTY becomes obligated to pay by reason of PERSONAL INJURY and/or PROPERTY DAMAGE, either through adjudication or compromise, after making proper deductions for all recoveries and salvages from other parties, and shall also include hospital, medical, and funeral charges, and all sums paid as salaries, wages, compensation, fees, charges and all legal costs, premiums on attachment or appeal bonds, interest, expenses for doctors, lawyers, nurses and investigators, and for litigation, settlement, adjustment and investigation of claims and suits covered hereunder, excluding only the salaries of the NAMED INSURED's or a PARTICIPATING MEMBER COUNTY's employees. The fees, charges and expenses for ROLLINS BURDICK HUNTER of COLORADO, INC. are specifically excluded and are to be paid by the NAMED INSURED in addition to its SELF-INSURED RETENTION. EXCLUSIONS THIS POLICY DOES NOT APPLY: 1. to any CLAIM or potential CLAIM or ACCIDENT or circumstances for which the NAMED INSURED or a PARTICIPATING MEMBER COUNTY has provided notice to any other insurance company before the POLICY PERIOD in the DECLARATIONS. 2. to any CLAIM resulting from an ACCIDENT which occurred or commenced prior to the RETROACTIVE DATE in the DECLARATIONS. 3. to liability of the NAMED INSURED or a PARTICIPATING MEMBER COUNTY for assault and battery committed by or at the direction of the NAMED INSURED or a PARTICIPATING MEMBER COUNTY except (i) liability for PERSONAL INJURY resulting from any act alleged to be assault and battery but committed for the purpose of preventing injury to persons or damage to property or (ii) liability arising out of corporal punishment. - 6 - CHC30051 4. except with respect to operations performed by independent contractors, to liability arising out of the ownership, maintenance or use, including loading or unloading, of aircraft or watercraft over 25 feet in length. 5. to loss or damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, any weapon of war employing atomic fission or radioactive force whether in time of peace or war, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority unless such acts of destruction by order of civil authority is at the time of and for the purpose of preventing spread of fire. 6. to any liability or expenses arising out of sexual or physical abuse or molestation or allegations of sexual or physical abuse or molestation of any person involving physical contact or alleged physical contact by an employee, agent or official of the NAMED INSURED or a PARTICIPATING MEMBER COUNTY. 7. to liability arising out of the rendering or failure to render HEALTH PROFESSIONAL SERVICES: a) which results from any surgical procedures. b) at any hospital 8. to any obligation or liability for which the NAMED INSURED or a PARTICIPATING MEMBER COUNTY or any of their insurers may be held liable under any workers or unemployment compensation, occupational disease, disability benefits or similar law, provided however that this exclusion does not apply to the liability of others assumed by the NAMED INSURED or a PARTICIPATING MEMBER COUNTY under contract. 9. to any liability of the NAMED INSURED or a PARTICIPATING MEMBER COUNTY arising out of the operation of an airport or similar facility, whether owned or non- owned, except with respect to the maintenance of any buildings, premises or grounds incidental thereto. 10. to liability arising out of or in any way related to: (a) the CONTAMINATION of any ENVIRONMENT by POLLUTANTS that are introduced at any time, anywhere, in any way; - 7 - CHC30051 (b) any PERSONAL INJURY, PROPERTY DAMAGE, costs or other loss or damage arising out of such CONTAMINATION, including, but not limited to, cleaning, remedying or detoxifying such CONTAMINATION; or (c) payment of sums related to the 1) investigation or defense of any loss, injury or damage or 2) payment of any cost, fine or penalty or 3) payment of any expense involving a claim or suit related to any of the above. 11. to PERSONAL INJURY or PROPERTY DAMAGE arising out of or in any way related to: (a) inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos; (b) the use of asbestos in constructing or manufacturing any good, product or structure; (c) the removal of asbestos from any good, product or structure; (d) the manufacture, transportation, storage or disposal of asbestos or goods or products containing asbestos; or (e) the payment of sums related to the 1) investigation or defense of any loss, injury or damage or 2) payment of any cost, fine or penalty or 3) payment of any expense involving a claim or suit related to any of the above. 12. to liability arising out of or in any way related to: (a) the auditing of accounts or records of others; (b) the operation of an investment or real estate department or committee; or (c) any capacity as a fiduciary or trustee for mutual funds, pension or welfare funds, or similar activities. 13. to liability arising out of any injury to volunteer firemen. - 8 - CHC30051 CONDITIONS 1. CROSS LIABILITY: In the event of claims being made by reason of PERSONAL INJURY and/or PROPERTY DAMAGE suffered by any employee of the NAMED INSURED or a PARTICIPATING MEMBER COUNTY herein for which another PARTICIPATING MEMBER COUNTY is or may be liable, then this POLICY shall cover the NAMED INSURED and each PARTICIPATING MEMBER COUNTY in the same manner as if separate policies had been issued to each PARTICIPATING MEMBER COUNTY. Nothing contained herein shall operate to increase the COMPANY'S LIMIT OF LIABILITY stated in the DECLARATIONS and the COMPANY'S LIMIT OF LIABILITY shall in no event exceed this amount in respect of each ACCIDENT. 2. NOTICE OF CLAIM: Notice must be given to the COMPANY c/o ROLLINS TECHNICAL SERVICES, 1177 Grant Street, Denver, CO 80203, as soon as practicable whenever the NAMED INSURED or a PARTICIPATING MEMBER COUNTY has reason to believe that a CLAIM will be forthcoming. 3. NOTICE OF POTENTIAL CLAIMS: If ROLLINS TECHNICAL SERVICES receives notification during the POLICY PERIOD in the DECLARATIONS or within 60 ((sixty) days thereafter, of an ACCIDENT which occurs or commences during the POLICY PERIOD in the DECLARATIONS, the COMPANY will treat any CLAIM made against the NAMED INSURED or a PARTICIPATING MEMBER COUNTY as made on the date on which the notification was received by the COMPANY c/o ROLLINS TECHNICAL SERVICES or the expiration date of the POLICY PERIOD, whichever is earlier. 4. INSPECTIONS AND AUDIT: The COMPANY or their duly authorized representatives shall be permitted at all reasonable times during the POLICY PERIOD and within thirty-six (36) months thereafter, to inspect the premises used by the NAMED INSURED or a PARTICIPATING MEMBER COUNTY and to examine their books or records so far as they relate to coverage afforded by this POLICY and any CLAIMS made hereunder. 5. CANCELLATION: This POLICY may be cancelled as of any anniversary date by either the COMPANY or the NAMED INSURED upon written notice to the other party, provided said notice is issued at least ninety (90) days prior to the said anniversary. Notwithstanding the aforementioned to the contrary, in the event of non-payment of premium by the NAMED INSURED, the COMPANY may give ten (10) days notice of cancellation in writing to the NAMED INSURED and all coverage will terminate ten (10) days after the mailing of such notice. - 9 - CHC30051 If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the construction of this policy, such period shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law and all other provisions of this CONDITION 5. shall remain valid and in effect. No cancellation or termination of this POLICY whether by or at the request of the NAMED INSURED or by the COMPANY, shall take effect prior to the expiration of ninety (90) days after written notice of such cancellation or termination is sent by registered mail to the Commissioner of Insurance, State of Colorado, First Western Plaza, 303 W. Colfax Avenue, Suite 500, Denver, CO 80204, unless an earlier date of such cancellation or termination is approved by said Commissioner of Insurance, State of Colorado. 6. EXTENDED REPORTING PERIOD: In the event of cancellation by the COMPANY under CONDITION 5., the NAMED INSURED, upon payment of an ADDITIONAL PREMIUM of not more than 100% of the total expiring premium shall have the right to extend the period whereby a CLAIM is treated by the COMPANY as made on the expiration date of this POLICY for a period of twenty-four (24) months, but any such CLAIM must arise from an ACCIDENT occurring and commencing prior to the date on which the extended reporting period commenced, during the POLICY PERIOD in the DECLARATIONS and after the RETROACTIVE DATE. 7. OTHER INSURANCE: If the NAMED INSURED or a PARTICIPATING MEMBER COUNTY has other insurance against loss covered by this POLICY, the COMPANY shall be liable under the terms of this POLICY only as excess of the coverage provided by such other insurance. 8. CLAIMS HANDLING AND DEFENSE OF LITIGATION: The COMPANY shall have the right and opportunity but not the obligation to be associated with the NAMED INSURED or a PARTICIPATING MEMBER COUNTY in the defense of any claims, suits or proceedings relative to an ACCIDENT covered under this POLICY and the NAMED INSURED or PARTICIPATING MEMBER COUNTY and the COMPANY shall cooperate to the fullest extent possible. 9. LOSS PAYMENTS: When it has been determined that the COMPANY is liable under this POLICY, the COMPANY shall thereafter promptly reimburse the NAMED INSURED for its payments made in excess of the SELF-INSURED RETENTION in the DECLARATIONS. - 10 - CHC30051 10. APPEAL: In the event the NAMED INSURED and the COMPANY are unable to agree to the advisability of appealing any judgment covered under this POLICY, a disinterested and mutually agreed upon attorney shall be retained and directed to render a written recommendation concerning such appeal. Such written recommendation shall be binding on both the NAMED INSURED and the COMPANY. The fees and expenses of this attorney shall be borne equally by both parties. 11. SUBROGATION: The COMPANY shall be subrogated to all rights which the NAMED INSURED and/or a PARTICIPATING MEMBER COUNTY may have against any person or other entity in respect to any claim or payment made under this POLICY, and the NAMED INSURED and/or a PARTICIPATING MEMBER COUNTY shall execute all papers required by the COMPANY and shall cooperate to secure the COMPANY'S rights. In the event of any reimbursement obtained or recovery by the NAMED INSURED and/or a PARTICIPATING MEMBER COUNTY or the COMPANY on account of any loss covered by this POLICY, 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 covered loss which exceeds the LIMIT OF LIABILITY shall be reimbursed to the NAMED INSURED and/or a PARTICIPATING MEMBER COUNTY. (b) to reduce the COMPANY'S loss until the COMPANY is fully reimbursed for any payments under this POLICY. (c) to reduce the NAMED INSURED'S and/or PARTICIPATING MEMBER COUNTY's loss within the SELF-INSURED R NTION. Notwithstanding the foregoing, the parties can otherwise agree to a different allocation of expenses in connection with seeking reimbursement or recovery and the distribution of any reimbursement or recovery, such agreement to be in writing. 12. WAIVER OF SUBROGATION: This POLICY shall not be invalidated if the NAMED INSURED or a PARTICIPATING MEMBER COUNTY 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. 13. CONFLICTING STATUTES: In the event that any provision of this POLICY is unenforceable under the laws or statutes of any state of competent jurisdiction, this POLICY shall be conformed to comply with any such laws or statutes. - 11 - OHO30051 14. ASSIGNMENT: Assignment of interest under this POLICY shall not bind the COMPANY unless its consent is obtained in writing. 15. CHANGES: By acceptance of this POLICY the NAMED INSURED agrees that it embodies all agreements existing between the NAMED INSURED and the COMPANY or any of its agents relating to this POLICY. None of the provisions, conditions or other terms of this POLICY shall be waived or altered except by endorsement; nor shall notice to any agent or knowledge possessed by any agent or by any other person be held to effect a waiver or change in any part of this POLICY. 16. TERRITORY: This POLICY applies to suits brought in the United States of America and its territories. 17. SERVICE ORGANIZATION: This POLICY is issued to the NAMED INSURED on the express condition that the NAMED INSURED undertakes to utilize at all times the services of ROLLINS TECHNICAL SERVICES. This service organization shall perform the following duties: (a) administer claims in accordance with accepted industry standards once notice of a loss has been made to ROLLINS TECHNICAL SERVICES, and perform the notice and reporting requirements to the COMPANY under the terms of this POLICY. (b) maintain accurate records of all reported claims and details incident to loss and expense payments. (c) furnish monthly claims records on an approved form. The utilization of these services shall be a condition precedent to any liability which may attach to the COMPANY in accordance with the terms and CONDITIONS of this POLICY. 18. BANKRUPTCY AND INSOLVENCY: In the event of the bankruptcy or insolvency of the NAMED INSURED, the COMPANY shall not be relieved of the payment of any claims otherwise covered hereunder because of such bankruptcy or insolvency, including but not limited to any obligations of the NAMED INSURED to a PARTICIPATING MEMBER COUNTY. - 12 - CHC30051 19. MAINTENANCE OF SELF-INSURED RETENTION: The amount stated in Item 4. of the DECLARATIONS as the SELF-INSURED RETENTION applicable to each and every CLAIM shall be maintained intact and be the responsibility of the NAMED INSURED except for any reduction thereof solely by payment for PERSONAL INJURY or PROPERTY DAMAGE as defined and otherwise covered by this POLICY. The failure of the NAMED INSURED to comply with this CONDITION 19. will not render the COMPANY liable for a greater amount than it would have been liable had the NAMED INSURED complied herewith. The failure of the NAMED INSURED to maintain the SELF-INSURED RETENTION, including but not limited to the insolvency, bankruptcy, liquidation or failure of an underlying insurer to pay on behalf of the NAMED INSURED or a PARTICIPATING MEMBER COUNTY, will not impose any liability, contractually or otherwise, upon the COMPANY to assume the defense or incur any expenses on behalf of the NAMED INSURED or any PARTICIPATING MEMBER COUNTY under this POLICY. In witness hereof, we have caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned by one of our duly authorized representatives. JC? Cjagliar q# Alm Secretary President National Union Fire Insurance National Union Fire Insurance Company of Pittsburgh, PA. Company of Pittsburgh, PA. - 13 - CHC3005t PARTICIPATING MEMBER COUNTIES ENDORSEMENT (Endorsement 1.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. It is also understood and agreed that the PARTICIPATING MEMBER COUNTIES hereunder are as follows: ALAMOSA GRAND PARK ARCHULETA GUNNISON PHILLIPS BACA HINSDALE PITKIN BENT HUERFANO PROWERS CHAFFEE JACKSON PUEBLO CHEYENNE KIOWA RIO BLANCO CLEAR CREEK KIT CARSON RIO GRANDE CONEJO LAKE ROUTT COSTILLA LA PLATA SAGUACHE CROWLEY LAS ANIMAS SAN JUAN DOLORES LINCOLN SEDGWICK DOUGLAS LOGAN SUMMIT EAGLE MINERAL TELLER ELBERT MONTROSE WASHINGTON FREMONT MORGAN WELD GARFIELD OTERO YUMA GILPIN OURAY DELTA All other terms and conditions remain unchanged. DATED: �kL(14.0 k t Mt Z NATIONAL UNION FIRE INSURANCE V COMPANY OF PITTSBURGH, PA. By: )etn..s-4 0- e. Its: DATED: //92 COLORAD OUNTIES CASUALTY PE AND PR By: _..& Its: - 14 - CHC30051 ERRORS AND OMISSIONS ENDORSEMENT (Endorsement 2.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. The COMPANY agrees, subject to the terms and conditions herein, to indemnify the NAMED INSURED for liability imposed upon the NAMED INSURED or for the liability of the NAMED INSURED to a PARTICIPATING MEMBER COUNTY by law or otherwise agreed upon resulting from any CLAIM made during the POLICY PERIOD by reason of an act, error or omission, committed or alleged to have been committed by a lawfully elected or appointed official, trustee, director or council member of a PARTICIPATING MEMBER COUNTIES, but only while acting in that capacity. IT IS FURTHER agreed: (1) There shall be no coverage hereunder for any CLAIM made for any act, error or omission committed or alleged to have been committed prior to the RETROACTIVE DATE. (2) In the event of non-renewal or termination of this POLICY, then this POLICY shall extend to apply to claims made during the twelve (12) calendar months immediately following such non-renewal or termination, but only for any act, error or omission, committed or alleged to have been committed after July 1, 1986 and prior to such non-renewal or termination date. (3) The COMPANY shall not be liable to make payment for loss in connection with any CLAIM made against the NAMED INSURED or a PARTICIPATING MEMBER COUNTY or any of their officials, trustees, directors or council members, if a judgment or final adjudication in any such CLAIM brought shall be based on a determination that acts of fraud or dishonesty were committed by its officials, trustees, directors or council members. LIMIT OF LIABILITY Notwithstanding anything in this POLICY to the contrary, it is understood and agreed that the LIMIT OF LIABILITY for the coverage provided by this Endorsement 2. is limited to $750,000 for each CLAIM but in no event more than $750,000 in the aggregate for any and all such claims brought against the NAMED INSURED or for any and all such claims brought against each PARTICIPATING MEMBER COUNTY and its officials, trustees, directors and council members. - 15 - CHC30051 It is further understood and agreed that the LIMIT OF LIABILITY of the COMPANY under this Endorsement 2. shall in no event exceed $750,000 in the aggregate for each PARTICIPATING MEMBER COUNTY and NAMED INSURED regardless of the number of CLAIMS, and shall in no event exceed $750,000 regardless of the number of PARTICIPATING MEMBER COUNTIES and/or NAMED INSUREDS in the event more than one CLAIM arises from a series of related acts, errors or omissions. The coverage hereunder will only apply in excess of the SELF-INSURED RETENTION stated in the DECLARATIONS. All other terms and conditions remain unchanged. DATED: k► 0 1 ( (S 9t NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. By: !r.®.4,A ra .,_ _t Its: DATED: /'/4z COLO O OUNTIES CASUALTY l / AND P OP TY POOL By: Its: - 16 - CHC30051 EMPLOYEE BENEFITS LIABILITY ENDORSEMENT (Endorsement 3.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. In further consideration of the premium paid and subject to the terms, exclusions and definitions hereafter mentioned, the COMPANY agrees to indemnify the NAMED INSURED for all sums which the NAMED INSURED shall become obligated to pay on its behalf or to pay a PARTICIPATING MEMBER COUNTY as a result of the ADMINISTRATION of an EMPLOYEE BENEFITS PROGRAM as defined herein and caused by any act, error or omission of the NAMED INSURED or a PARTICIPATING MEMBER COUNTY or any other person for whose acts the NAMED INSURED or a PARTICIPATING MEMBER COUNTY is legally liable, provided such act, error or omission occurs during the POLICY PERIOD and then only if CLAIM is made and reported to the COMPANY during the POLICY PERIOD or within one year after the end of the POLICY PERIOD. EXCLUSIONS: This POLICY does not apply under this endorsement: (a) to any dishonest, fraudulent, criminal or malicious act, libel, slander, discrimination or humiliation; (b) to PERSONAL INJURY or PROPERTY DAMAGE (including the loss of use thereof); (c) to any claim for failure of performance of contract by any insurer or plan administrator, including but not limited to the failure or insolvency of any EMPLOYEE BENEFIT PROGRAM; (d) to any claim based upon the failure to comply with any law concerning workers' compensation, unemployment insurance, social security or disability benefits; (e) to any claim based upon: (1) the failure of stock of other securities or investments to perform as represented by the NAMED INSURED or a PARTICIPATING MEMBER COUNTY or their representative; (2) advice given by the NAMED INSURED or a PARTICIPATING MEMBER COUNTY or their representative to an employee to participate or not to participate in stock subscription plans; - 17 - CHC30051 (3) the investment or non-investment of funds; or (4) to claims based upon the Employee Retirement Income Security Act of 1974, Public Law 93-406 commonly referred to as the Pension Reform Act of 1974 and amendments thereto, or similar provisions of any federal, state or local statutory law or common law. DEFINITIONS: As used in this endorsement: (a) "EMPLOYEE BENEFIT PROGRAM" - means group life insurance, group health insurance, profit sharing plans, pension plans, employee stock subscription plans, workers' compensation, unemployment insurance, social security, disability benefits insurance and travel, savings or vacation plans. (b) "ADMINISTRATION" - means: (1) giving counsel to employees with respect to an EMPLOYEE BENEFIT PROGRAM; (2) interpreting an EMPLOYEE BENEFIT PROGRAM; (3) handling of records in connection with AN EMPLOYEE BENEFIT PROGRAM; (4) effecting enrollment, termination or cancellation of employees under an EMPLOYEE BENEFIT PROGRAM; provided all such acts are authorized by the NAMED INSURED or a PARTICIPATING MEMBER COUNTY. All other terms and conditions remain unchanged. DATED: Clc_t_QAQ.-, \ (et"vt- NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. By: ` a. uA C._ .-UCaCe,e Its: a DATED: //9L COLO COUNTIES CASUALTY AND PRRA RTY�,A By: Its: - 18 - 0HC30051 NON-OWNED AIRCRAFT ENDORSEMENT (Endorsement 4.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. It is understood and agreed that this POLICY applies to Aircraft used by and solely on behalf of the NAMED INSURED or a PARTICIPATING MEMBER COUNTY, provided the NAMED INSURED or PARTICIPATING MEMBER COUNTY: (a) has no ownership interest in the aircraft as owner in whole or in part. (b) exercises no part in the servicing or maintenance of the aircraft. (c) exercises no part in the appointment or provision of personnel for the operation of the aircraft. This Endorsement 4. does not apply: (a) to liability arising out of any product manufactured, sold, handled or distributed by the NAMED INSURED or a PARTICIPATING MEMBER COUNTY. (b) to any aircraft having a seating capacity, including crew, in excess of the number advised to the COMPANY prior to coverage being afforded hereunder. (c) to liability for loss of or damage to the aircraft or any consequential loss arising therefrom. (d) when the aircraft is used by the NAMED INSURED or a PARTICIPATING MEMBER COUNTY for hire or reward. All other terms and conditions remain unchanged. DATED: 01. 0.. \ Z NATIONAL UNION FIRE INSURANCE d COMPANY OF PITTSBURGH, PA. By: q a !4,-�-c4 Its: DATED: //g.L COLOR COUNTIES CASUALTY AND O TY POOL By: eze Its: - 19 - CHC30051 WATERCRAFT LIABILITY ENDORSEMENT (Endorsement 5.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. It is hereby understood and agreed what EXCLUSION 4. does not apply with respect to the ownership, maintenance or use, including loading and unloading of any watercraft by the NAMED INSURED or a PARTICIPATING MEMBER COUNTY, but the insurance with respect to said watercraft does not apply while said watercraft is used to carry persons for hire. All other terms and conditions remain unchanged. DATED: �,.0C) " net?.. NATIONAL I INSURANCE COMPANY OF PITTSBURGH, A. By: p,11A a A C— Its: DATED: -79Z COLO COUNTIES CASUALTY AN R TY PO9 y: - 20 - CHC30051 COLORADO GOVERNMENTAL IMMUNITY ACT ENDORSEMENT (Endorsement 6.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. It is hereby understood and agreed that coverage will apply to claims and actions for which immunity is not available under, or is waived by the NAMED INSURED or by a PARTICIPATING MEMBER COUNTY, the Colorado Governmental Immunity Act, as amended from time to time, and to defense and supplementary payments only, as defined in this POLICY, for such claims and actions. Notwithstanding any such waiver of the Colorado Governmental Immunity Act, as amended from time to time, must be approved by the COMPANY for coverage to attach in excess of the applicable immunity limits. All other terms and conditions remain unchanged. DATED: t 0 D ( en_ NATIONAL UNION FIRE INSURANCE b1 t COMPANY OF PITTSBURGH, PA. By: Its: DATED: //9L COLORAD OUNTIES CASUALTY AND P PE TY P By: Its: - 21 - CHC30051 UNINSURED/UNDERINSURED MOTORISTS COVERAGE (Endorsement 7.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. It is hereby understood and agreed that the NAMED INSURED and all PARTICIPATING MEMBER COUNTIES have agreed to reject any and all uninsured motorists coverage (including underinsured motorists coverage). All other terms and conditions remain unchanged. DATED: ..0 t . l 5 5z NATIONAL UNION FIRE INSURANCE U COMPANY OF PITTSBURGH, PA. By: Its: DATED: //9 L- COLO yOUNTIES CASUALTY ANDTTY POOL • - 22 - CHC30051 RETROACTIVE DATE ENDORSEMENT (Endorsement 8.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. It is understood and agreed that Item 6. RETROACTIVE DATE of the DECLARATIONS with respect to the following PARTICIPATING MEMBER COUNTIES shall be as follows: RETROACTIVE DATE PARTICIPATING MEMBER COUNTY (a) January 15, 1986 Weld County (b) February 16, 1987 Cheyenne County (c) April 1, 1987 Lake County (d) July 1, 1987 Grand County (e) July 1, 1987 Montrose County (f) July 1, 1987 Fremont County (g) July 1, 1988 Delta County All other terms and conditions remain unchanged. DATED: ).A.oz \ , 4 q Z NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. By: Josi,A Its: DATED: //92- COLO DO COUNTIES CASUALTY AND R RTY By: Its: - 23 - CHC30051 COLORADO - SPECIAL AMENDATORY ENDORSEMENT (per H.B. 1204) (Endorsement 9.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. It is hereby agreed that the COMPANY, upon the request of the NAMED INSURED and within thirty (30) days thereafter, shall supply sufficient information to the NAMED INSURED about closed or paid claims, claims for which the COMPANY has established reserves and claims for which the COMPANY has received notices of incidents which could give rise to claims. All other terms and conditions remain unchanged. DATED: \csD. 1 ( Viet ?. NATIONAL UNION FIRE INSURANCE d COMPANY OF PITTSBURGH, PA. By: ea�,� 3 a iffiAlad Its: DATED: 7/j9L COLO COUNTIES CASUALTY AND R RTY PS2OL B Its: - 24 - CHC30051 PERSONAL INJURY PROTECTION ENDORSEMENT (Endorsement 10.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. In consideration for the premium charged, it is hereby understood and agreed that this POLICY is extended to afford Personal Injury Protection coverage in accordance with the standard Endorsement CA2203 (01-87) (or as may be amended in accordance with the Colorado Automobile Reparations Act) in current use on the aforementioned date. In consequence of the foregoing, the amount of ULTIMATE NET LOSS afforded by this POLICY is deemed to have the following maximum limits which will apply for all purposes. BENEFITS LIMIT PER PERSON Medical Expenses Up to $50,000 Rehabilitation Expenses Up to $50,000 Essential Services Expenses Up to$25 per day for 52 weeks Death Compensation $1,000 Work Loss Up to $400 per week calculated as follows: 100% of the first $125 of loss of gross income per week; plus 70% of the next $125 of loss of gross income per week; plus 60% of any loss of gross income in excess of$250. - 25 - CHC30051 All other terms and conditions remain unchanged. DATED: l< lam,4L NATIONAL UNION FIRE INSURANCE D COMPANY OF PITTSBURGH, PA.)4e. By: g '4 Its: DATED: //q2— COLOR O COUNTIES CASUALTY AND P RTY P By: Its: - 26 - CHC30051 HOST LIQUOR/DRAMSHOP ACT COVERAGE (Endorsement 11.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. It is hereby understood and agreed, subject to the terms, CONDITIONS, EXCLUSIONS and LIMIT OF LIABILITY contained within this POLICY, that coverage is afforded hereunder for PERSONAL INJURY and PROPERTY DAMAGE for any claim arising out of Host Liquor Liability or Dramshop Act Liability. It is further understood and agreed that this Endorsement 11. is neither intended nor should it be construed to waive any immunities or limitations, including but not limited to common law or statutory defenses, available to the NAMED INSURED, PARTICIPATING MEMBER COUNTIES and/or the COMPANY. All other terms and conditions remain unchanged. DATED: er.0 1, !P cL NATIONAL UNION FIRE INSURANCE 6 O COMPANY)4),....-e-c-e OF PITTSBURGH, PA. By: 0 tGe-e.-77 ) Its: DATED: 7//92- COLOR A e • COUNTIES CASUALTY AND P` • • - RTY P I By: --' Its: - 27- CHC30051 FAILURE TO SUPPLY EXCLUSION-UTILITIES (Endorsement 12.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 426 51 93 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1992. This insurance does not apply to any liability arising out of the failure of a PARTICIPATING MEMBER COUNTY to adequately supply gas, water, electricity, steam or solar power, or telephone service. All other terms and conditions remain unchanged. DATED: C\ \ , k °r z NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. By: I2A.t.n a ‘(..-..--14 - a Its: I/ DATED: 7/A1 COLL P POOL 0 00UNTIES CASUALTY ANBy: Its: -28 - CHC30051 COLORADO COUNTIES AMENDATORY ENDORSEMENT DISCLOSURE FORM CLAIMS-MADE POLICY IMPORTANT NOTICE TO POLICYHOLDER (CLAIMS- MADE BODILY INJURY AND PROPERTY DAMAGE COVERAGE) THIS DISCLOSURE FORM IS NOT YOUR POLICY. IT MERELY DESCRIBES SOME OF THE MAJOR FEATURES OF OUR CLAIMS MADE POLICY FORM. READ YOUR POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES, AND WHAT IS AND IS NOT COVERED. ONLY THE PROVISIONS OF YOUR POLICY DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION. Your policy is a claims-made policy. It applies only to PERSONAL INJURY or PROPERTY DAMAGE that occurs after the RETROACTIVE DATE and before the end of the POLICY PERIOD. It applies only to claims made after the inception date and before the end of the POLICY PERIOD. Upon termination of this POLICY, an EXTENDED REPORTING PERIOD may be available. OCCURRENCE VS. CLAIMS-MADE There is no difference in the kinds of PERSONAL INJURY AND PROPERTY DAMAGE covered by either an "occurrence" policy or a "claims-made" policy. Claims for damages may be assigned to different policies, however, depending on which policy you have purchased. In an "occurrence" policy, coverage is provided for liability because of PERSONAL INJURY and PROPERTY DAMAGE that OCCURS DURING THE POLICY PERIOD, no matter when the claim is made. In your "claims-made" policy, coverage is provided for liability because of PERSONAL INJURY and PROPERTY DAMAGE if the claim for damages is FIRST MADE DURING THE POLICY PERIOD. The term "CLAIMS(S)" means any information that may give rise to damages covered by this POLICY, including suit(s) brought in connection therewith, which you become aware of and provide written notice of same to ROLLINS TECHNICAL SERVICES. Under most circumstances, a CLAIM is considered made when it is received and recorded by ROLLINS BURDICK HUNTER CO., but sometimes, a CLAIM may be deemed made at an earlier time. This can happen when another CLAIM for the same PERSONAL INJURY or PERSONAL DAMAGE has already been made, or when the CLAIM is received and recorded during the EXTENDED REPORTING PERIOD as described in this disclosure statement. - 29 - CHC30051 PRINCIPLE BENEFITS The principle benefits and coverages are explained in detail in your claims-made policy. Please read it carefully and consult your agent about any questions you might have. EXCEPTIONS, REDUCTIONS AND LIMITATIONS Your claims-made policy contains certain exceptions, reductions and limitations. As an example, the time period for reporting potential claims is limited - See CONDITIONS (3.), NOTICE OF POTENTIAL CLAIMS. The majority of the limitations, exceptions or reductions within the policy form are outlined in the DEFINITIONS, CONDITIONS and EXCLUSIONS sections of this POLICY. Please read them carefully and consult your agent about any questions you might have. RENEWALS, TAILS AND EXTENDED REPORTING PERIODS Your claims-made policy has some unique features relating to renewal, EXTENDED REPORTING PERIODS, and coverage of occurrences with long periods of exposure. These special claims-made provisions are described below: Special "Claims-Made" Provisions Two concepts relating to continuity of coverage under the "claims-made" policy - and the pertinent policy provisions - are especially important to understand. These involve the RETROACTIVE DATE and the EXTENDED REPORTING PERIODS. RETROACTIVE DATE When you have a RETROACTIVE DATE entered in the DECLARATIONS, THERE IS NO COVERAGE FOR PERSONAL INJURY OR PROPERTY DAMAGE THAT OCCURRED BEFORE THE RETROACTIVE DATE, EVEN IF THE CLAIM IS FIRST MADE DURING THE POLICY PERIOD. If there is no RETROACTIVE DATE entered in the DECLARATIONS, this POLICY will respond only to claims first made during the POLICY PERIOD for covered PERSONAL INJURY or PROPERTY DAMAGE, no matter when the PERSONAL INJURY or PROPERTY DAMAGE occurred. But if previous "occurrence" type insurance also applied to the PERSONAL INJURY or PROPERTY DAMAGE, your "claims-made" policy's EXTENDED REPORTING PERIODS guarantee continuity of coverage if you are offered a renewal or replacement policy with a later RETROACTIVE DATE than the one in your current policy. - 30 - CHC3o051 EXTENDED REPORTING PERIODS OF "TAILS" When applicable, the EXTENDED REPORTING PERIODS will increase the time within which a CLAIM may be eligible for the policy's coverage. Some people call these EXTENDED REPORTING PERIODS "tails". This ensures that no PERSONAL INJURY or PROPERTY DAMAGE need go uncovered because of a) cancellation or non-renewal, b) an advanced RETROACTIVE DATE, or c) replacement with insurance that is not on a "claims-made" basis for PERSONAL INJURY or PROPERTY DAMAGE. In any of these circumstances, this POLICY provides you with a basic EXTENDED REPORTING PERIOD that has two provisions. The first provides a 60 Day Period beyond policy termination to report claims for PERSONAL INJURY or PROPERTY DAMAGE occurring during the POLICY PERIOD. The PERSONAL INJURY or PROPERTY DAMAGE must have occurred before the end of the POLICY PERIOD, but not before the RETROACTIVE DATE. Claims first made during this EXTENDED REPORTING PERIOD will be considered to have been made during the POLICY PERIOD and will be subject to the policy's LIMIT OF LIABILITY. There is no additional charge for this "tail", but it applies only if you have no other insurance for the claim. The second is the EXTENDED REPORTING PERIOD AMENDMENT - This POLICY also guarantees under certain circumstances that you may purchase an amendment providing an EXTENDED REPORTING PERIOD for 24 months. With this amendment, claims made during the EXTENDED REPORTING PERIOD and after the expiration of the POLICY PERIOD will be considered first made during the POLICY PERIOD, again, provided that the PERSONAL INJURY or PROPERTY DAMAGE occurred before the end of the POLICY PERIOD, but not before the policy's RETROACTIVE DATE. Claims made, under this EXTENDED REPORTING PERIOD, are subject to a LIMIT OF LIABILITY which is equal to the limits of your original policy. To obtain this "tail", you must request the amendment in writing immediately after the end of the POLICY PERIOD, and you must pay an additional premium. DATED: 3}uQA L k \S 2 NATIONAL UNION FIRE INSURANCE U d COMPANY OF PITTSBURGH, PA. By: ', 0/-wo a- . Its: (/ DATED: 77/4 . COLORAD-O COUNTIES CASUALTY AND PR RTY P By: Its: -31 - CHC30051 • NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) (Endorsement 13.) 1. This policy does not apply: A. Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy 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 required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had its 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 organization; B. Under any Medical Payments Coverage, or any Supplemental Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if: (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or -32 - CHC30051 (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 nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. 2. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by-product material; "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 component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing by-product material and (2) resulting from the operation by any person or organization of any nuclear facility within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste; (c) any equipment or device used for processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235. - 33 - CHC30051 (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination of property. IN WITNESS WHEREOF, the Company has caused this policy to be signed by its president and secretary but this policy shall not be valid unless countersigned by a duly authorized representative of the Company. - 34 - CHC30051 ENDORSEMENT #14 This endorsement, effective 12:01 A.M. July 1, 1992 forms a part c policy No. 426 51 93 issued to COLORADO COUNTIES CASUALTY AND PROPERTY POOL by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. IT IS AGREED THAT ITEM 2. OF CONDITIONS IS AMENDED TO READ AS FOLLOWS: 2. NOTICE OF CLAIM: Notice must be given to the COMPANY c o ROLLINS TECHNICAL SERVICES, 1177 Grant Street, Denver, CO 80203, as soon as practicable whenever the NAMED INSURED or a PARTICIPATING MEMBER COUNTY has reason to believe that a CLAIM will be forthcoming. IT IS ALSO AGREED THAT ITEM 3. OF CONDITIONS IS AMENDED TO READ AS FOLLOWS: 3. NOTICE OF POTENTIAL CLAIMS: If ROLLINS TECHNICAL SERVICES receives notification during the POLICY PERIOD in the DECLARATIONS or within 60 (sixty) days thereafter, of an ACCIDENT which occurs or commences during the POLICY PERIOD in the DECLARATIONS, the COMPANY will treat any CLAIM made against the NAMED INSURED or a PARTICIPATING MEMBER COUNTY as made on the date on which the notification was received by the COMPANY c/o ROLLINS TECHNICAL SERVICES or the expiration date of the POLICY PERIOD, whichever is earlier. - 35 - CHC30051 TT/nck 07/30/92 MST PAUL FIRE AND MARINE INSURANCE COMPANY ❑ST.PAUL MERCURY INSURANCE COMPANY 102KA0495 ❑ST PAUL GUARDIAN INSURANCE COMPANY FORMER POLICY NO. Herein called the Company.A Capital Stock Company.Sc Paul.Minnesota NAME AND ADDRESS OF INSURED • • Colorado Counties Casualty & Property Pool 1177 Grant Street Denver, CO 80203 ( AGENT • • Rollins, Burdick Hunter of Illinois , Inc. 123 North Wacker Drive haul Chicago, IL 60606 Policy Period: From To Amount Insured Loss Rate Premium 07/01/92 I 07/01/93 $50,000,000. Limit VRS $157,472. Forms Attached: Manuscript Form CC (7-92) '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 maintaining or using military, naval or air forces; or (b) by military, naval or air forces; or (c) by an agent of any such government,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 foregoing and all provisions of this Policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive 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 of Minnesota, relating to Guaranty Surplus and Special Reserve Funds."Chapter 437, General Laws of 1909. In Witness Whereof this Company has executed and attested these presents;but this Policy shall not be valid unless countersigned by a duly authorized Agent of the Company. Aug ��` ' ^ Secretory President A4/0Countersignature Date Countersigned At /lg,o w F 'k 13117 Rev. 1-91 Printed in U.S.A. VVV DECLARATIONS Named Insured: Colorado Counties Casualty & Property Pool 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 on the 1st day of July, 1992 at 12:01 a.m., and expiring the 1st day of July, 1993, 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 $157.472, 4. Each 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 102KA0661 of the St. Paul Fire and Marine Insurance Company. DATE: May 29. 1992 AG ENT 9„,24„, Q-/J tt-o4 ENDORSEMENT attaching to and forming part of Policy Number 102KA0661 in the name of Colorado Counties, Casualty and Property Pool. Effective date of this endorsement is July 1, 1992. Endorsement Number 1 to Declarations Page ENDORSEMENT 1 TO DECLARATIONS PAGE It is hereby understood and agreed that the Named Insured is as follows: NAMED INSURED: Colorado Counties Casualty & Property Pool and each county member as endorsed herein as their interest may appear: County Membership Member Counties Member Counties Alamosa Las Animas Archuleta Lincoln Baca Logan Bent Mineral Chaffee Montrose Cheyenne Morgan Clear Creek Otero Conejos Ouray Costilla Park Crowley Phillips Delta Pitkin Dolores Prowers Douglas Pueblo Eagle Rio Blanco Elbert Rio Grande Fremont Routt Garfield Saguache Gilpin San Juan Grand Sedgwick Gunnison Summit Hinsdale Teller Huerfano Washington Jackson Weld Kiowa Yuma Kit Carson Lake La Plata NAME OF INSURED It is agreed that the unqualified word "Insured" wherever used in this insurance includes not only the Named Insured but also - any official, trustee or employee of the Named Insured while acting within the scope of his duties as such, and any person, orgainization, trustee or estate to whom the Named Insured 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 Insured; II. TERRITORY This policy covers anywhere in the Continental United States of America and Canada. III. ULTIMATE NET LOSS In calculating the amount of Ultimate Net Loss, this insurance is deemed to have the following maximum sublimits: A. $50.000.000. in the aggregate annually as respects any Flood loss. B. $50.000,000. in the aggregate annually as respects any Earthquake loss. C. $ 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 Insured on the express condition that the Insured undertakes to utilize at all times the services of Rollins Technical Services. This Service Organization shall perform the following duties: A. Discharge the Insured'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. C. 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. CC(7-92) 1 SECTION I - PROPERTY INSURANCE SECTION I - INSURING AGREEMENTS AGREEMENT A - BUILDING AND CONTENTS: Underwriters agree, subject to the limitaitons, terms and conditions of this Insurance, to indemnify the Insured 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 Insured for loss or damage to Automobiles owned by the Insured or on which the Insured 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 1 . PROPERTY OF THE INSURED: The term "Insured's Property" shall mean All Real and Personal Property, including leasehold improvements or betterments which the Insured owns, property which the Insured 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 Insured 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 thereof. 5. VALUABLE PAPERS: The term Valuable Papers shall mean: Written, printed or otherwise inscribed documents and records, including books, maps, films, drawings, abstracts, deeds, mortgages and manuscripts, but does not mean money and securities, but includes additional costs to research or restore damaged documents, drawings or records. 6. ACCOUNTS RECEIVABLE: The term "Accounts Receivable" shall mean: a) All sums due the Insured from customers provided the Insured is unable to effect collection thereof as the result of covered loss or damage to records of accounts receivable; b) Interest charges on any loan to offset impaired collections pending repayment of such sums made uncollectible by such loss or damage; CC (7-92) 2 c) Collection expense in excess of normal collection caused and made necessary because of such loss or damage; d) Other expenses when reasonably incurred by the Insured in re-establishing records of accounts receivable following such loss and/or damage. The following special exclusions apply to Accounts Receivable Coverage; this policy does not insure against: 1) Loss due to bookkeeping, accounting or billing errors or omissions; 2) Loss, the proof of which as to factual existence, is dependent upon an audit of records or an inventory computation, but this shall not preclude the use of such procedures in support of claim for loss which the Insured can prove, through evidence wholly apart therefrom, is due solely to a risk of loss to records of accounts receivable not otherwise excluded hereunder; 3) Loss due to alteration, falsification, manipulation, concealment, destruction or disposal of records of accounts receivable committed to conceal the wrongful giving, taking, obtaining or withholding of money, securities or other property but only to the extent of such wrongful giving, taking, obtaining or withholding. 7. OCCURRENCE: "Occurrence" means all covered loss, damage, or a sequence of losses or damage, casualties or disasters, arising from a single event or catastrophe. So far as loss involving in whole or in part, the perils of wind, (including hurricanes, tornadoes, cyclone), snow, rain, or hail is concerned a single event shall mean one single atmospheric disturbance during a continuous period of seventy-two (72) hours (not limited by the date on which coverage under this policy ceases). SECTION I - EXCLUSIONS WITH REGARD TO ALI PROPERTY. THIS INSURANCE DOFS NOT INSURE AGAINST; 1 . Loss by moth, vermin, termites or other insects; wear, tear or gradual deterioration; rust, wet or dry rot, or mold. 2. Loss or damage caused by: a) Radioactive or fissionable material. b) Contamination, other than by (a) above, unless directly resulting 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. This exclusion shall not apply as respects to EDP equipment and media. 5. Loss resulting from dampness of atmosphere or variation in temperature unless caused by the perils of Fire and Extended Coverage. This exclusion shall not be deemed to exclude loss resulting from freezing. CC(7-92) 3 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 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 commotion, aircraft, vehicles, breakage of pipes or apparatus, sprinkler leakage, vandalism and malicious mischief, theft or attempted theft. 4. Inventory shortage, mysterious disappearances or loss resulting from any kind of infidelity or dishonesty on the part of the Insured or any of his employees. PROPERTY EXCLUDED FROM COVERAGE HEREUNDER: Animals, aircraft, standing timber, growing crops, currency, money, notes and securities. 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 Insured decides to replace destroyed or damaged propety 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. CC (7-92) 4 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 assessement 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 Insured 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 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. 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. CC (7-92) 5 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 Insured and to examine the Insured'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 Insured shall be acceptable to Underwriters in determining the amount of loss or damage covered hereunder. 5. DUE DILIGENCE CLAUSE: The Insured shall use due diligence and do and concur in doing all things reasonably 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. If the period of limitation relating to the giving of notice is prohibited or made void 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 losses under this Insurance are payable in United States currency. Payment of premium shall be made to Rollins Burdick Hunter of Colorado. 8. BANKRUPTCY AND INSOLVENCY: In the event of the bankruptcy or insolvency of the Insured or any entity comprising the Insured, the Underwriters shall not be relieved of the payment of any claims hereunder because of such bankruptcy or insolvency. CC (7-92) 6 9. OTHER INSURANCE: If the Insured has other 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 collectable from such other insurance shall accrue in the aggregate loss fund of this Insurance. 10. MORTGAGE CLAUSE: 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 Insured shall immediately notify Underwriters through Rollins Technical Services 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 Insured in defense of any claims, suits, or proceedings relative to an occurrence wherein the opinion of the Underwriters, their liability under this Insurance is likely to be involved, in which case the Insured and Underwriters shall cooperate to the mutual advantage of both. 12. LOSS PAYMENTS: When it has been determined that Underwriters are liable under this Insurance, Underwriters shall thereafter promptly reimburse the Insured for all payments made in excess of the amounts stated in the Limits Agreement. All adjusted claims shall be paid or made good to the Insured within thirty days after their presentation to Rollins Technical Services and acceptance by Underwriters of satisfactory proof of interest and loss. 13. APPEAL: In the event the Insured and Underwriters are unable to agree to the advisability of appealing a judgment, a disinterested attorney, mutually agreeable to the Underwriters and the Insured, 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 Insured and Underwriters. Fees of such retained attorney shall be borne equally by both parties for the services of rendering his recommendation only. The Insured'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 the date upon which loss occurred, if such loss is within the knowledge of the Insured; if not, the twenty-seven months shall begin upon notice to the Insured to such loss or claim. CC (7-92) 7 15. SUBROGATION: the Underwriters shall be subrogated to all rights which the Insured may have against any person or other entity in respect to any claim or payment made under this Insurance, and the Insured 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 Insured 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 Insured's loss because of the application of the aggregate loss fund. 16. WAIVER OF SUBROGATION: This Insurance shall not be invalidated if the Insured 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 Insured under the laws of any state or other jurisdiction wherein it is claimed that the Insured is liable for any injury covered hereby because of non-compliance with any statute thereof, then this policy shall be enforceable for the Insured with the same effect as if it complied with such statutes. 18. ASSIGNMENT: Assignment of interest under this Insurance shall not bind the Underwriters until the Underwriters' consent is endorsed hereon. 19. CHANGES: By acceptance of this Insurance, the Insured agrees that it embodies all agreements existing between the Insured and Underwriters or any of its agents relating to this Insurance. None of the provisions, conditions or other terms of this Insurance shall be waived or altered except by endorsement; nor shall notice to any agent or knowledge possessed by 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 loss or damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, any weapon of war employing atomic fission or radioactive force whether in time of peace or war, hostilities (whether declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation or nationalization or requisition or cc (7-92) 8 destruction of or damage to property by or under the order of any government or public or local authority unless such acts of destruction by order of civil authority is at the time of and for the purpose of preventing spread of fire, or claims or liability arising directly or indirectly from nuclear fission, nuclear fusion or radioactive contamination. 21 . FRAUDULENT CLAIMS: If the Insured 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 102KA0661 , ST. PAUL FIRE AND MARINE INSURANCE COMPANY. DATED: May 29. 1992 ST. PAUL FIRE & MARINE INSURANCE CO. BY /u'Aa-cj 4/4/1 r CC (7-92) 9 ENDORSEMENT attaching to and forming part of Policy Number 102KA0661 in the name of Colorado Counties, Casualty and Property Pool. Effective date of this endorsement is July 1 , 1992. Endorsement Number 1 to CC (7-92) TRANSIT EXTENSION INSURING CLAUSE In consideration of the premium paid and subject to the terms, limits and conditions of the policy to which this Extension is attached and to the following conditions and exclusions, this insurance is hereby extended to cover: Personal property of the Insured or property held by the Insured in trust or on commission or on consignment for which the Insured 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 color, texture or flavor, 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 of 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, mold, dampness of atmosphere, smog or extremes of temperature. 4. Loss or damage caused by or resulting from misappropriation, conversion, infidelity or any dishonest act on the part of the Insured or other party 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. 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 from nuclear reaction, nuclear radiation or radioactive contamination, any loss or damage arising 1 of 2 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 breakdown or derangement of refrigerating 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. Currency, money, notes, securities, deeds, and evidences of debt 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 Insured 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 Insured shall not enter into any special agreement with carriers releasing them from their common law or statutory liability. 2. Property insured hereunder shall be valued as follows: A. Sold property at the actual net invoice price of the Insured. 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: May 29. 1992 St. Paul Fire and Marine I surance Company 2 of 2 �lJ ENDORSEMENT attaching to and forming part of Policy Number 102KA0661 in the name of Colorado Counties, Casualty and Property Pool. Effective date of this endorsement is July 1, 1992. Endorsement Number 2 to CC (7-92) 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 period of this Insurance so as to necessitate the incurrence of Extra Expense (as defined below) the Underwriters shall be liable for the 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". It is further agreed that this extension of coverage shall not operate to increase the Underwriters limits of liability hereunder. Underwriters shall be liable for no greater percentage of the amount of this Policy than is stated below for the determined period of 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 Insured'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. b. Normal: The term "Normal wherever used herein shall mean; the condition that would have existed had no loss occurred. 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 limited by the date of expiration of this policy, as would be required with the exercise of due diligence and dispatch to repair, rebuild or replace such part of the Insured's property as has been damaged or destroyed. CONDITIONS a. Resumption of Operations: It is a condition of this Insurance that as soon as practicable, the Insured shall resume normal operations of the business and shall dispense with such extra expense. 1 of 2 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; c. the cost of repairing or replacing any of the real or personal property covered hereunder, or the cost of research or other expense necessary to replace or restore damage 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 been 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 thereby reduced; d. loss resulting from theft of any property which at the time of loss is not an integral part of a building or structure (except direct loss by pillage 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: May 29. 1992 St. Paul Fire and Marine Insurance Company By�?'tc'-Xao_0 Z n%1 ,r 2 of 2 ENDORSEMENT attaching to and forming part of Policy Number 102KA0661 in the name of Colorado Counties, Casualty and Property Pool. Effective date of this endorsement is July 1, 1992. Endorsement Number 3 to CC (7-92) CANCELLATION: This Insurance may be cancelled as of any anniversary date of either of the parties upon written notice to the other party stating when, not less than ninety (90) days thereafter cancellation shall be effected. If this Insurance shall be cancelled by the Insured, the Underwriters shall retain the customary short rate proportion of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the earned premium hereon or the customary short rate proportion of any minimum premium stipulated herein whichever is the greater. If this Insurance shall be cancelled by or on behalf of the Underwriters, the Underwriters shall retain the pro rata proportion of the premium hereon; except that if this Insurance is on an adjustable basis, the Underwriters shall receive the earned premium hereon or the pro rata proportion of any minimum premium stipulated herein whichever is the greater. Payment or tender of any unearned premium by the Underwriters shall not be a condition precedent to the effectiveness of Cancellation by such payment shall be made as soon as practicable. If the period of limitation relating to the giving of notice is prohibited or made void 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. Subject otherwise to all terms, clauses and conditions as heretofore. Dated: May 29. 1992 St. Paul Fire and Marine G surance Company )oJ By7 ENDORSEMENT attaching to and forming part of Policy Number 102KA0661 in the name of Colorado Counties, Casualty and Property Pool. Effective date of this endorsement is July 1, 1992. Endorsement Number 4 to CC (7-92) POLLUTION EXCLUSION ENDORSEMENT In consideration of the premium charged, it is understood that the following exclusion is added to Section I, Exclusions: Pollution caused directly or indirectly by the release, discharge, dispersal, seepage, migration, or escape of pollutants or contaminants unless the release, discharge, dispersal, seepage, migration, or escape is caused by fire, lightning, explosion, windstorm, hail, leakage from fire protection equipment, smoke, vehicles and aircraft, riot, civil commotion, vandalism, sinkhole collapse, volcanic action, falling objects, weight of snow, ice or sleet, or water damage. However, this policy does not cover the costs arising out of the enforcement of any law, ordinance, regulation or order by civil or judicial authority requiring the removal, disposal, replacement, cleanup, restoration or containment of insured property or for costs to monitor or test for the existence or effects of pollutants. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the loss. All other terms and conditions remain unchanged. Subject otherwise to all terms, clauses and conditions as heretofore. Dated: May 29. 1992 St. Paul Fire and Marine/Insurance Company By 714,---e. A4 ILF` J J44J'1 r ENDORSEMENT attaching to and forming part of Policy Number 102KA0661 in the name of Colorado Counties, Casualty and Property Pool. Effective date of this endorsement is July 1 , 1992. Endorsement Number 5 to CC (7-92) EXTENSION OF COVERAGE ENDORSEMENT Pollution Cleanup and Removal In consideration of the premium charge, the following extension of coverage is added. Notwithstanding any conditions or terms contained elsewhere in this policy, coverage is extended for a limit of $25,000 any one occurrence to cover the cost to clean up and remove pollutants that are: 1. in the land or water at an insured location provided the discharge, seepage, migration, release, escape or dispersal is due to fire, lightning, explosion, windstorm, hail, leakage from fire protection equipment, smoke, vehicles and aircraft, riot, civil commotion, vandalism, sinkhole collapse, volcanic action, falling objects, weight of snow, ice or sleet, or water damage. For example: a fire at an insured location causes chemicals to run onto the ground and into a nearby river. This policy will pay to clean up the pollution that is in the land and water at the insured premises up to the limit of liability of this extension. This policy will not pay to clean up land or water away from an insured premises; 2. in the land or water away from an insured premises but only when pollution or contamination is caused by the collision, upset or overturn of a transporting vehicle which is owned, operated, rented, leased or borrowed by the Insured. Coverage is provided under this extension only if the following conditions are met: a. the cause of loss occurs during the policy period; b. the pollution must occur at an insured location except as provided for in clause 2. above. c. the clean-up and removal costs must be incurred and reported to the company within one hundred eighty (180) days of either the date of direct physical loss or damage or the end of the policy period, whichever is earlier. Liability for loss under this extension shall not exceed $25,000 in any one occurrence or $25,000 in the aggregate for all such losses in any one policy year. All other terms and conditions remain unchanged. Subject otherwise to all terms, clauses and conditions as heretofore. Dated: May 29. 1992 St. Paul Fire and Marine nsurance Company By 4aef � 19 ONE TOWER SQUARE HARTFORD, CT. 06183 a TheTravelers j COMMON POLICY DECLARATIONS ISSUE DATE : 06/23/92 POLICY NUMBER: M50-660-920U5922-TIL-92 . NAMED INSURED AND MAILING ADDRESS : COLORADO COUNTIES CASUALTY C/O COLORADO COUNTIES, INC . 1177 GRANT STREET DENVER , CO 80203 2 . POLICY PERIOD: From 07/01 /92 to 07/01 /93 12 :01 A.M. Standard Time at your mailing address . 3 . LOCATIONS Premises Bldg. Loc. No. No. Occupancy Address 1 1 COUNTIES SEE SPECIAL LOCATION SCHEDULE DENVER, CO 80203 4 . COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES : BOILER AND MACHINERY COV PART DECLARATIONS BM TO 01 11 85 TIL 5 . NUMBERS OF INTERLINE FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY: SEE IL T8 01 07 92 6 . SUPPLEMENTAL POLICIES : Each of the following is a separate policy containing its complete provisions : Policy Policy No. Insuring Company ,.o JMEffi *AMS BINDER BILLED # 7 . PREMIUM SUMMARY: LjEgig Provisional Premium *$ 62,216 Due at Inception $ Due at Each $ NAME AND ADDRESS OF AGENT OR BROKER: COUNTERSIGNED BY: ROLLINS BURDICK HUNTER-U (EC815) 2180 SOUTH 1300 EAST SUITE 500 -riaO SALT LAKE , UT 841526259 A orized Representative rimm DA E : �2 � 1�Z IL TO 02 11 89 PAGE 1 OF 1 OFFICE : SALT LAKE CITY 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 Decla- 2. Give you reports on the conditions we find; rations may cancel this policy by mailing or and delivering to us advance written notice of 3. Recommend changes. cancellation. Any inspections, surveys, reports or recom- 2. We may cancel this policy or any Coverage mendations relate only to insurability and the Part by mailing or delivering to the first premiums to be charged. We do not make Named Insured written notice of cancellation safety inspections. We do not undertake to at least: perform the duty of any person or organize- a. 10 days before the effective date of can- tion to provide for the health or safety of cellation if we cancel for nonpayment of workers or the public. And we do not warrant premium; or that conditions: b. 30 days before the effective date of can- 1. Are safe or healthful; or cellation if we cancel for any other 2. Comply with laws, regulations, codes or reason. standards. 3. We will mail or deliver our notice to the first This condition applies not only to us, but Named Insured's last mailing address known also to any rating, advisory, rate service or to us. similar organization which makes insurance 4. Notice of cancellation will state the effective inspections, surveys, reports or recommen- date of cancellation. If the policy is can- dations. celled, that date will become the end of the policy period. If a Coverage Part is can- E. PREMIUMS celled, that date will become the end of the 1. The first Named Insured shown in the Decla- policy period as respects that Coverage Part rations: only. a. Is responsible for the payment of all 5. If this policy or any Coverage Part is can- premiums; and f"n celled, we will send the first Named Insured b. Will be the payee for any return pre- any premium refund due. If we cancel, the miums we pay. refund will be pro rata. If the first Named 2. We compute all premiums for this policy in Insured cancels, the refund may be less than accordance with our rules, rates, rating ' pro rata. The cancellation will be effective plans, premiums and minimum premiums. ^� even if we have not made or offered a refund. The premium shown in the Declarations was ,,— 6. If notice is mailed, proof of mailing will be computed based on rates and rules in effect sufficient proof of notice. at the time the policy was issued. On each renewal continuation or anniversary of the B. CHANGES effective date of this policy, we will compute := This policy contains all the agreements between the premium in accordance with our rates you and us concerning the insurance afforded. and rules then in effect. The first Named Insured shown in the Declar- F. TRANSFER OF YOUR RIGHTS AND DUTIES ations is authorized to make changes in the UNDER THIS POLICY „= terms of this policy with our consent. This poi- Your rights and duties under this policy may not icy's terms can be amended or waived only by be transferred without our written consent except endorsement Issued by us as part of this policy. in the case of death of an individual named C. EXAMINATION OF YOUR BOOKS AND RE- insured. CORDS If you die, your rights and duties will be We may examine and audit your books and transferred to your legal representative but only records as they relate to this policy at any time while acting within the scope of duties as your — during the policy period and up to three years legal representative. Until your legal represen- afterward. tative is appointed, anyone having proper temporary custody of your property will have D. INSPECTIONS AND SURVEYS rights and duties but only with respect to that We have the right but are not obligated to: property. 1. Make Inspections and surveys at any time; IL TO o1 11 89 Includes copyrighted material of Insurance Services Office, Page 1 of 2 with its permission. Copyright, Insurance Services Office, 1989 This policy consists of the Common Policy Declare- company indicated as insuring company in the Corn- tions and the Coverage Parts and endorsements mon Policy Declarations by the abbreviation of its listed in that declarations form. name opposite that Coverage Part. In return for payment of the premium, The Travelers The companies listed below (each a stock company) agrees with the Named Insured to provide the in- have executed this policy, but it is valid only if surance afforded by a Coverage Part forming part of countersigned on the Common Policy Declarations this policy. That insurance will be provided by the by our authorized representative. The Travelers Indemnity Company (IND) The Phoenix Insurance Company (PHX) The Charter Oak Fire Insurance Company (COF) The Travelers Indemnity Company of Illinois (TIL) The Travelers Indemnity Company of Rhode Island (TRI) The Travelers Indemnity Company of America (TIA)Aii' ities- -- . ege,,e Secretary l V President The Travelers Insurance Company (INS) 4 AP /et he Secret/ resident Page 2 of 2 IL TO 01 11 89 TheTravelers'j POLICY NUMBER : M5J-660-920J5922-TIL-92 EFFECTIVE DATE : 07/01 /92 ISSUE DATE : 06/23/92 LISTING OF FORMS, ENDORSEMENT & SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF INTERLINE FORMS, ENDORSEMENTS AND OTHER SCHEDULES . IL TO 01 11 89 Common Policy Conditions IL 02 28 10 89 Colorado Changes - Cancellation and Nonrenewal m= mc- 0= SYMBOL NO. IL T8 01 07 92 OFFICE : SALT LAKE CITY 187 PRODUCER NAME : ROLLINS BURDICK HUNTER-U EC815 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES-CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the CANCELLATION Common (1) Nonpayment of premium; Policy Condition is replaced by the following: (2) A false statement knowingly made by 2. If this policy has been in effect for less than the insured on the application for in- 60 days, we may cancel this policy by mail- surance; or ing or delivering to the first Named Insured (3) A substantial change in the exposure written notice of cancellation at least: or risk other than that indicated In a. 10 days before the effective date of can- the application and underwritten as cellation if we cancel for nonpayment of of the effective date of the policy un- premium; or less the first Named Insured has b. 30 days before the effective date of can- notified us of the change and we ac- cellation if we cancel for any other cept such change. reason. C. The following is added and supersedes any other B. The following is added to the CANCELLATION provision to the contrary: Common Policy Condition: NONRENEWAL 7. Cancellation of Policies in Effect for 60 Days If we decide not to renew this policy, we will mail or More through first-class mail to the first Named a. If this policy has been in effect for 60 insured shown in the Declarations written notice days or more, or is a renewal of a policy of the nonrenewal at least 45 days before the we issued, we may cancel this policy by expiration date or Its anniversary date if it is a — mailing through first-class mail to the first policy written for a term of more than one year or Loam—_ Named Insured written notice of cancel- with no fixed expiration date. lation: If notice is mailed, proof of mailing will be (1) Including the actual reason, at least sufficient proof of notice. e. 10 days before the effective date of D. The following Condition is added: cancellation, If we cancel for nonpay- INCREASE IN PREMIUM OR DECREASE IN u— ment of premium; or COVERAGE (2) At least 45 days before the effective We will not increase the premium unilaterally or date of cancellation If we cancel for decrease the coverage benefits on renewal of any other reason. this policy unless we mall through first-class mail We may only cancel this policy based on written notice of our intention, including the one or more of the following reasons: actual reason, to the first Named Insured's last IL 02 28 10 89 Copyright, Insurance Services Office, Inc., 1989 Page 1 of 2 Copyright, ISO Commercial Risk Services, Inc., 1989 mailing address known to us, at least 45 days 3. A substantial change in the exposure or risk before the effective date. other than that indicated in the application and underwritten as of the effective date of Any decrease in coverage during the policy term the policy unless the first Named Insured has must be based on one or more of the following notified us of the change and we accept reasons: such change. 1. Nonpayment of premium; If notice is mailed, proof of mailing will be 2. A false statement knowingly made by the in- sufficient proof of notice. sured on the application for insurance; or Page 2 of 2 Copyright, Insurance Services Office, Inc., 1989 IL 02 28 10 89 Copyright, ISO Commercial Risk Services, Inc., 1989 TABLE OF CONTENTS The following indicates the contents of the principal Boiler and Machinery forms. Refer to the applicable column for the form attached to your policy (See key at bottom). Declarations and Endorsements that may also be attached to your policy are not included in this Table of Contents. *** COVERAGE FORM *** ITEM A B C D COVERAGES Page No. Where Item Begins Direct Damage to Covered Property 1 1 1 1 Causes of Loss 1 1 1 1 Expediting Expenses 1 1 1 1 Business Interruption/Extra Expense 3 E 1 1 Spoilage 4 N/A N/A 1 Automatic Coverage (New Locations) 1 1 N/A N/A Defense 1 1 1 1 Supplementary Payments 1 1 1 1 EXCLUSIONS Ordinance or Law 2 2 2 2 Nuclear Hazard 2 2 2 2 War and Military Action 2 2 2 2 Other Exclusions 2 2 2 2 Business Interruption/Extra Expense 2 N/A 2 3 Spoilage N/A N/A N/A 3 LIMIT OF INSURANCE Limit of Insurance N/A 2 2 3 fir Expediting Expenses N/A 2 3 3 Hazardous Substance Limitation 2 2 N/A 3 Ammonia Contamination Limitation N/A 3 N/A 3 Water Damage Limitation N/A 3 3 3 Business Interruption/Extra Expense 3 N/A 3 3 Spoilage Limit N/A N/A N/A 3 DEDUCTIBLE Property Damage 3 3 3 4 Business Interruption/Extra Expense 3 N/A N/A 4 Spoilage 4 N/A N/A 4 CONDITIONS -� Loss Conditions 3 3 3 4 General Conditions 5 4 4 5 Business Interruption/Extra Expense 3 N/A 5 6 Spoilage 4 N/A N/A 6 DEFINITIONS 5 5 5 6 O= us "� COVERAGE FORM TITLE FORM NO. A ENERGY EQUIPMENT COVERAGE FORM BM T1 00 B BOILER AND MACHINERY COVERAGE FORM BM 00 25 C SMALL BUSINESS BOILER AND MACHINERY COVERAGE FORM BM 00 40 D SMALL BUSINESS BOILER AND MACHINERY BROAD COVERAGE FORM BM 00 45 N/A = NOT APPLICABLE; ITEM NOT IN FORM. E = AVAILABLE BY ENDORSEMENT. BM T1 46 04 91 Page 1 of 1 TheTravelers"j BOILER AND MACHINERY POLICY NO.: M5J-660-920J5922-TIL-92 COVERAGE PART DECLARATIONS ISSUE DATE: 06-23-92 DECLARATIONS PERIOD: From 07-01 -92 to 07-01 -93 12:01 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. ALL LOCATIONS X LOCATION NUMBER SUB-LOCATION COVERAGE LIMIT DEDUCTIBLE PROPERTY DAMAGE $ $ 5,000 (PD) UNLIMITED LIMIT DEDUCTIBLE BUSINESS $ $ INTERRUPTION/ EXTRA ONE YEAR 12 HOURS EXPENSE (BI/EE) Service Interruption is Included Excluded X LIMIT DEDUCTIBLE SPOILAGE $ N/A $ Service Interruption is Included Excluded X O= NUMBERS OF FORMS, SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. BM TO 01 11 85 PRODUCER: ROLLINS BURDICK HUNTER-U ECS15 OFFICE: SALT LAKE CITY 187 TheTravelers j'' BOILER AND MACHINERY POLICY NO.: M5J-660-920J5922-TIL-92 COVERAGE PART DECLARATIONS ISSUE DATE: 06-23-92 LOC. ALL OBJECT SCHEDULE SLOC. APPLICABLE DEFINITION DEDUCTIBLE SIZE X COMPREHENSIVE-ENERGY EQUIP $ 5/ALL, BMC-1, COMP. 5/ALL, BMC-2, COMP. 6/ALL, BMC-3, COMP. 6/ALL, BMC-4, COMP. EXCL. PRODUCTION MACHINERY INCL. PRODUCTION MACHINERY EXCL. PUBLIC UTILITY EQUIP INCL. PUBLIC UTILITY EQUIP 1/1, B-1 1/1, B-2 1/1, B-3 1/2, UPV-1 1/2, UPV-2 1/2, UPV-3 1/2, UPV-4 1/3, RAC-1 1/4, AP-1 1/4, AP-2 1/5, RU-1 1/5, RU-1 1/6, AU-1 2/1, DPU-1 2/2, EGS-1 2/3, C-1 2/3, C-2 2/3, ENG-1 2/3, FB-1 2/3, P-1 3/1, G-1 3/1, M-1 3/1, MG-1 3/1, T-1 3/2, MEA-1 3/2, MEA-2 3/3, SRU-2 0= 4/1, ST-1 4/1, ST-2 4/1, ST-3 4/1, GT-1 aria 4/1, GT-2 4/1, GT-3 4/1, WT-1 4/1, WT-2 ALL OTHER OBJECTS BMTO011185 PRODUCER:R0LLINS BURDICK HUNTER-U EC815 OFFICE: SALT LAKE CITY 187 TheTravelers j BOILER AND MACHINERY COVERAGE PART DECLARATIONS POLICY NUMBER:M5J-660-920J5922-TIL-92 LISTING OF FORMS, SCHEDULES & ENDORSEMENT NUMBERS THIS LISTING SHOWS THE NUMBERS OF FORMS, SCHEDULES AND ENDORSEMENTS WHICH FORM PART OF THE COVERAGE PART SHOWN ABOVE . BM T1 00 09 88 ENERGY EQUIPMENT COVERAGE FORM BM T5 00 09 88 LOSS ADJUSTMENT AGREEMENT BM TS 00 07 92 GENERAL PURPOSE ENDORSEMENT BM T8 69 04 91 SPECIAL LOCATION SCHEDULE i BM TO 01 11 85 PRODUCER ROLLINS BURDICK HUNTER-U EC815 OFFICE SALT LAKE CI 187 BOILER AND MACHINERY ENERGY EQUIPMENT 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. The words"we," "us" and "our' refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to the DEFINITIONS section. A. PROPERTY DAMAGE COVERAGE (1) You must inform us, in writing, of the We will pay for direct damage to Covered new acquired location within 90 days Property caused by a Covered Cause of Loss. of the date you acquire it; 1. Covered Property ready for use at the time of (2) The "object" must be in use or con- nectedCovered Property, as used in this Coverage acquisition and throughout the Part, means any property that: period of automatic coverage and be a. You own; or of a type that would be included in b. Is in your care, custody or control and any "Object" Group Description for which you are legally liable. In addi- shown in the Declarations; tion to paying for loss to this property, (3) The Limit of Insurance and Deduct we will defend you against any claim or ible amount will be the highes "suit" alleging liability for damage to this amounts shown in the Declaration property, subject to the Defense and for the same type of"object"; Supplementary Payments provisions. (4) We will not be liable under this cover IT 2. Covered Causes of Loss age for Consequential Damage, Busi A Covered Cause of Loss is an "accident" to ness Interruption, or any other in an "object" shown in the Declarations. An direct loss resulting from an "acci "object" must be in use or connected ready dent"to an "object"; and for use at the location specified for it at the (5) You agree to pay an additional pre time of the "accident." mium as determined by us. 3. Coverage Extensions c. Defense a. Expediting Expenses If a claim or "suit" is brought against yo With respect to your damaged Covered alleging that you are liable for damage t Property, we will pay the reasonable property of another in your care, custod extra cost to: or control, that was directly caused b _ (1) Make temporary repairs to; an "accident" to an "object," we will — either: (2) Expedite permanent repairs to; and (1) Settle the claim or"suit"; or (3) Expedite permanent replacement of Defend Covered Property damaged by an (2) you against the claim o "suit," but keep for ourselves the righ "accident." to settle it at any point. b. Automatic Coverage for A Newly Ac- d. Supplementary Payments quired Location re We will automatically cover an "accident" We will pay, with respect to any claim o o "suit" we defend: to an "object" at a newly acquired loca- tion. This automatic coverage begins at (1) All expenses we incur; the time you acquire the property and (2) The cost of bonds to release attach- - continues for 90 days, under the follow- ments, but only for bond amounts ing conditions: within the Limit of Insurance. We do not have to furnish these bonds; BM T1 00 09 88 Includes copyrighted material of Insurance Services Office, Inc, with its permission. Page 1 of 8 Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987 BOILER AND MACHINERY (3) All reasonable expenses incurred by thority using military personnel or other you at our request to assist us in the agents; or investigation or defense of the claim c. Insurrection, rebellion, revolution, or "suit," including actual loss of usurped power or action taken by earnings up to $100 a day because governmental authority in hindering or of time off from work; defending against any of these. (4) All costs taxed against you in any 4, Other Exclusions suit" we defend; Loss caused by or resulting from: (5) Pre-judgement interest awarded against you on that part of the judg- a. An explosion. However, we will pay for ment we pay. If we make an offer to loss caused by or resulting from an ex- pay the applicable Limit of In- plosion of a kind described below, but surance, we will not pay any pre- only to "objects" owned by, leased by or judgment interest based on that operated under your control. period of time after the offer; and (1) Explosion of the parts of steam boil- (6) All interest on the full amount of any ers, steam pipes, steam turbines or steam engines that contain steam, judgment that accrues after entry of the judgment and before we have water or steam condensate; paid, offered to pay, or deposited in (2) Explosion inside gas turbines; or court the part of the judgment that is (3) Rupture or bursting of rotating or within the applicable Limit of Insur- moving parts of machinery caused ance. by centrifugal force or mechanical B. EXCLUSIONS breakdown. The following exclusions apply to all coverages b. Fire or explosion that occurs at the same provided by this coverage form. time as an "accident" or that ensues from A We will not pay for: an "accident." With respects to any elec- trical equipment forming a part of an "ob- 1. Ordinance of Law ject,"this exclusion is changed to read: Any increase in loss caused by or resulting Fire or explosion outside the "object"that from the enforcement of any ordinance, law, occurs at the same time as an "accident" regulation, rule or ruling regulating or restrict or ensues from an "accident." ing repair, replacement, alteration, use, operation, construction or installation. As c. Explosion of gas or unconsumed fuel used herein, Increase in loss also includes within the furnace of any boiler or fired expenses Incurred beyond those for which vessel or within the passages from that we would have paid If no substance declared furnace to the atmosphere, whether or to be hazardous to health by a governmental not such explosion is: agency had been Involved in the "accident." (1) contributed to or aggravated by an 2. Nuclear Hazard "accident" to any part of that "ob- ject" that contains steam or water; or Loss caused by or resulting from nuclear (2) caused in or in part or reaction or radiation, or radioactive con- caused in wholey an in part directly to any tamination, however caused. "object" or part of an "object." 3. War and Military Action d. An "accident" that is the direct or indirect Loss caused by or resulting from: result of an explosion or fire; a. War, Including undeclared or civil war; e. Water or other means used to extinguish b. Warlike action by a military force, inciud- a fire, even when the attempt is unsuc- Ing action in hindering or defending cessful; against an actual or expected attack, by any government, sovereign or other au- Page 2 of 8 Includes copyrighted material of Insurance Services Office, Inc. with its permission. BM T1 00 09 88 Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987 BOILER AND MACHINERY f. Lightning, if coverage for that cause of 3. The Limit of Insurance for use in the Supple- loss is provided by another policy of in- mentary Payments Coverage Extension and surance you have; Other Insurance Loss Condition will be the g. Flood. However, if an "accident" results actual amount of the total direct damage loss from a flood, we will pay for direct dam- resulting from the "accident." age to Covered Property caused by the D. PROPERTY DAMAGE DEDUCTIBLE "accident;" We will not pay for loss or damage resulting from h. An "accident" to any "object" while be- any "one accident" until the amount of loss or ing tested; damage exceeds the Property Damage i. An "accident" caused directly or indirect- Deductible shown in the Declarations. We will ly by earth movement, including but not then pay for the amount of loss or damage in limited to earthquake, landslide, excess of that Deductible. If more than one mudslide, subsidence or volcanic erup- "object" is involved in "one accident," only the tion. highest deductible will apply. 5. Indirect Loss Exclusions E. BUSINESS INTERRUPTION/EXTRA EXPENSE (BI/EE) INSURANCE We will not pay, under property damage coverage, for loss resulting from: 1. Coverage a. a delay in or Interruption of any busi- If we indicate in the declarations that this ness, manufacturing or process; coverage applies, we will pay b. lack of power, light, heat, steam or refrig- a. your "actual loss" from a total or partial oration; or Interruption of business, but not the charges and expenses which do not nec- c. any other indirect result of an "accident" to an "object." essarily continue during the interruption of business, and rWe will not pay for any loss excluded above even b. the reasonable "extra expense" to con- though any other cause or event contributes tinue your "normal business operations" concurrently or in any sequence to the loss. during the interruption, C. LIMITS OF INSURANCE caused solely by an "accident"to 1. Hazardous Substance Limitation (1) a defined "object," or The following applies despite the operation of (2) any transformer or electrical appara- the Ordinance or Law Exclusion. This Iimita- tus which is located on or within 500 lion does not apply to damage contamina- feet of your premises, is owned by a lion or pollution caused by ammonia. public utility company and is used to If Covered Property is damaged, contami- supply electrical power solely to your nated or polluted as a result of an "accident" premises. to an "object" by a substance declared to be The "accident" must occur during the Policy Pe- hazardous to health by an authorized gov- Hod, but expiration of the policy does not limit „= ernmental agency, the most we will pay for our liability under this coverage. any additional expenses Incurred by you for clean up, repair or replacement or disposal 2. Additional Exclusions That Apply to Busi- of that property is $25,000. As used here, ness Interruption/Extra Expense Insurance — additional expenses mean expenses incurred This coverage does not apply: or beyond those for which we would be liable if a. during the time when business would not no substance hazardous to health had been or could not have been carried on if the se Involved. "accident" had not occurred; 2. Any payment we would normally make will b. if you fail to use all reasonable means to not Increase If more than one insured is resume business as soon as possible; shown in the Declarations. c. for that part of any loss or expense which is due solely to suspension, lapse or can- BM T1 00 09 88 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 8 Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987 BOILER AND MACHINERY cellation of a contract, lease, license or c. BI/EE Dollar Deductible. If a BI/EE dol- order; or lar deductible is indicated in the declara- tions we will first deduct that amount d. to any additional loss incurred by you from the total amount of loss and ex- because a substance declared to be haz- ardous to health by an authorized pense that we would pay for under this governmental agency was involved in the coverage. "accident." As used here, additional loss d. Reducing Your Loss. You must reduce means loss incurred beyond that for your loss, if possible, by which we would have been liable if no (1) Resuming business, in part or com- substance hazardous to health had been pletely, involved. (2) Using merchandise or other property 3. Business Interruption/Extra Expense Limit available to you, This Business Interruption/Extra Expense (3) Using the property or services of coverage applies for up to one year for any others. "one accident." However, once your property F. SPOILAGE INSURANCE has been repaired or replaced, any continu- ing loss resulting from the "accident" will only 1. Coverage be covered for 30 days from that point in If we indicate in the Declarations that this time. coverage applies, we will pay for the actual Any payment we would normally make will cash value of perishable goods that are lost not increase if more than one insured is due to spoilage resulting from lack of power, shown in the Declarations. light, heat, steam or refrigeration caused 4. Business Interruption/Extra Expense Con- solely by an "accident"to: ditions a. A defined "object", or a. Notice of "Accident." At our expense, b. Any transformer or electrical apparatus g you must Immediately give notice of"ac- that is: cident" to any of our offices. You must (1) Located on or within 500 feet of that confirm that notice In writing. "location"; b. Commencement of Liability For "Ac- (2) Owned by a public utility company; tual Loss" and (1) If a dollar deductible is entered in the (3) Used to supply electrical power sole- declarations for this coverage our lia- ly to that"location"; bility starts provided that the "accident" occurs during (a) At the time of the "accident," or the Policy Period. (b) Twenty-four hours before we re- 2. Spoilage Limit ceive notice of"accident" The limit of your insurance against loss whichever is later. under Spoilage Coverage, resulting from any (2) If a dollar deductible is not entered in "one accident," Is the Spoilage Limit shown the declarations for this coverage our in the Declarations for the "location" where liability starts the "accident" occurs. This limit is in addition (a) Twelve hours after the time of the to the limits provided for other coverages "accident," or provided by this policy. (b) Twelve hours before we receive Any payment we would normally make will notice of "accident," not increase if more than one Insured is shown in the Declarations. whichever is later. 3. Spoilage Deductible Liability for"Extra Expense" begins at We will first subtract the Spoilage Deductible the time of the "accident." amount shown in the Declarations from the Page 4 of 8 Includes copyrighted material of Insurance Services Office, Inc. with its permission. BM T1 00 09 88 Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987 BOILER AND MACHINERY amount of spoilage loss we would otherwise c. Legal Action Against Us pay If more than one "object' is involved in No one may bring a legal action against one "accident," only one deductible amount us under this Coverage Part unless: will be subtracted from the total of all spoilage resulting from the"one accident." (1) There has been full compliance with all the terms of this Coverage Part; G. BOILER AND MACHINERY CONDITIONS and The following conditions apply in addition to the (2) The action is brought within 2 years Common Policy Conditions: after the date of the "accident"; or 1. Loss Conditions (3) We agree in writing that you have an a. Duties in the Event of Loss or Damage obligation to pay for damage to Cov- You must see that the following are done ered Property of others or until the in the event of loss or damage: amount of that obligation has been determined by final judgment or ar- (1) Give us a prompt notice of the loss bitration award. No one has the right or damage. Include a description of under this policy to bring us Into an the property Involved; action to determine your liability. (2) As soon as possible, give us a d. Loss Payable Clause description of how, when and where the loss or damage occurred; (1) We will pay you and any loss payee shown in the Declarations for loss (3) Allow us a reasonable time and op- due to an "accident" to an "object," portunity to examine the property interests may appear. in- and premises before repairs are un- surance The covers the interest st of the dertaken or physical evidence of the loss payee unless the loss results "accident" is removed. But you must from conversion, secretion or em- take whatever measures are neces- sary for protection from further bezzlement on your part. damage; (2) We may cancel the policy as allowed by the Cancellation Condition. Can- (4) Permit us to inspect the property and cellation ends this agreement as to records; the loss payee's interest. (5) If requested, permit us to question If we cancel we will mall you and the you under oath, at such times as loss payee the same advance notice. may be reasonably required about any matter relating to this insurance (3) If we make any payment to the loss or your claim, including your books payee, we will obtain their rights and records. In such event, your against any other party. answers must be signed; e. Minimum Premium (6) Send us a signed, sworn statement Any premium refund that may be due of loss containing the information we you under the provisions of the CANCEL- iti _ request to settle the claim. You must CATION Common Condition is subject to do this within 60 days after our re- our currently filed and approved mini- _= quest; and mum Boiler and Machinery premium in (7) Cooperate with us in the investiga- your state. tion or settlement of the claim. f. Other Insurance b. Insurance Under Two or More (1) You may have other Insurance sub- •= Coverages Ject to the same plan, terms, condi- If two or more of this Coverage Form's tions and provisions as the insurance coverages apply to the same loss or under this Coverage Part. If you do, damage, we will not pay more than the we will pay our share of the covered actual amount of that loss or damage. loss or damage. Our share is the proportion that the applicable Limit BM T1 00 09 88 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 5 of 8 Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987 BOILER AND MACHINERY of Insurance under this coverage New Generation Coverage—If you Part bears to the Limits of Insurance want to replace a damaged "object' of all insurance covering on the with a newer generation "object" of same basis. the same capacity, we will pay up to (2) If there Is other insurance covering 25% more than an "object" of like the same loss or damage, other than kind, quality and capacity would that described in (1) above, we will have cost at the time of the "acci- pay only the amount of covered loss dent." or damage in excess of the amount (3) As respects any "object," if the cost due from that other insurance, of repairing or replacing only a part whether you can collect on it or not. of the "object' is greater than: g. Transfer of Rights of Recovery Against (a) The cost of repairing the "object'; Others To Us or If any person or organization to or for (b) The cost of replacing the entire whom we make payment under this "object" on the same site; Coverage Part has rights to recover we will pay only the smaller of (a) or damages from another, those rights are (b) transferred to us to the extent of our pay- ment. That person or organization must The repair parts or replacement "ob- do everything necessary to secure our ject" must be: rights and must do nothing after loss to (c) Of like kind, capacity, size and Impair them. quality; and h. Valuation (d) Used for the same purpose. (1) We will pay you the amount you (4) We will not pay you if the loss or spend to repair or replace your prop- damage is to property that is ob- erty directly damaged by an "acci- solete or useless to you. dent." Our payment will be the small- (5) Except for the New Generation Coy- est of: erage you must pay the extra cost of (a) The cost at the time of the "acci- replacing damaged property with dent' to repair the damaged property of a better kind or quality or property with property of like of larger capacity. kind, capacity, size and quality; (6) If you do not repair or replace the (b) The cost at the time of the "acci- damaged property within 18 months dent' to replace the damaged after the date of the "accident," then property on the same site with we will pay only the smaller of the: other property: (a) Cost it would have taken to (i) Of like kind, capacity, size repair; and quality; and (b) Actual cash value; (ii) Used for the same purpose; at the time of the"accident." or, spend Paragraph (6) does not apply to any (c) The amount you actually time period beyond the 18 months that is necessary to repair replace the damaged property. that we agree to in writing. 2. General Conditions (2) If an "object' cannot be repaired or the cost of repairing Is more than the a. Additional Insured cost to replace, and the damage to If a person or organization is designated the "object" equals or exceeds 100% in this Coverage Part as an additional of the actual cash value of the "ob- Insured, we will consider them to be an ject" you may choose to apply the insured under this Coverage Part to the following provision. extent of their Interest. Page 6 of 8 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. BM T1 00 09 88 Copyright, Insurance Services Office, Inc„ 1983, 1984, 1985, 1987 BOILER AND MACHINERY b. Bankruptcy cate information within this policy. They The bankruptcy or insolvency of you or are not Intended to limit or otherwise af- your estate will not relieve us of an fect the provisions to which they relate. obligation under this Coverage Part. H. DEFINITIONS c. Policy Period, Coverage Territory 1. "Accident" means a sudden and accidental Under this Coverage Part: breakdown of the "object" or a part of the "object." At the time the breakdown occurs, it (1) The "accident" must occur: must manifest itself by physical damage to (a) During the Policy Period shown the "object" that necessitates repair or re- in the Declarations; and placement. (b) Within the coverage territory. None of the following is an "accident": (2) The coverage territory is: a. Depletion, deterioration, corrosion or (a) The United States of America; erosion; and b. Wear and tear; (b) Puerto Rico. c. Leakage at any valve, fitting, shaft seal, d. Concealment, Misrepresentation or gland packing, joint or connection; Fraud d. Breakdown of any vacuum tube, gas This coverage is void in any case of tube or brush; fraud by you relating to It. It is also void if e. Breakdown of any electronic computer you intentionally conceal or misrepresent or electronic data processing equipment a material fact concerning: that Is not a defined "object"; (1) The coverage provided herein; f. Breakdown of any structure or founda- (2) The covered property; or tion supporting the "object" or any of Its IET (3) Your interest In the covered proper- parts; ty. g. The functioning of any safety or protec- tive device. e. Suspension Whenever an "object" is found to be in, if a strike, riot, civil commotion, act of sabo- tage or vandalism results in an "accident," or exposed to, a dangerous condition, this insurance applies. However, the War and any of our representatives may immedi- Military Action Exclusion and the conditions ately suspend the insurance against loss of this Coverage Part still apply. from an "accident" to that "object." This can be done by delivering or mailing a 2. "Actual Loss" means the sum of: written notice of suspension to: a. The net profits you fail to earn because (1) Your last known address; or of business Interruption resulting from an "accident"; and (2) The address where the "object' is lo- cated. b. Whatever part of the following fixed char- ges and continuing expenses your busi- Once suspended In this way, your insur- ness failed to earn but would have ance can be reinstated only by an en- earned if there had been no "accident": — dorsement for that "object." If we suspend your insurance, you will (1) Salaries and wages of officers, ex- get a pro rata refund of premium for that and a s, employees under contract other other essential employees, as "object." But the suspension will be effec- well as pensions and directors' fees; tive even if we have not yet made or of- fered a refund. (2) Necessary ordinary payroll; and f. Titles of Paragraphs and Pages (3) Manufacturing, selling, administrative expenses and any other items con- The titles of various paragraphs and trfbuting to your overhead expenses. pages are included only to help you lo- BM T1 00 09 88 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 7 of 8 Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987 BOILER AND MACHINERY In calculating the actual loss we will take your property or used In the conduct of Into account the actual experience of your business. your business before the "accident" and We will consider that the—connected ready the probable experience you would have for use—requirement of this Coverage Form had without the "accident." and its endorsements has been met by any 3. "Extra Expense" means the additional cost "object" if that"object" is: you incur to run your business during the (1) Periodically filled, moved, emptied interruption, over and above the cost that and refilled in the course of its nor- normally would have been Incurred to run mal service; and the business during the same period had no (2) Used for storage of gas or liquid. "accident" occurred. 4. "Location" means the premises at the ad- "Object" does not mean any: dress shown in the Declarations. h. oven, stove, furnace, incinerator, pot or 5. "Normal Business Operations" means the kiln; condition of your business that would have i. boiler setting; existed had no "accident" occurred. j. insulating or refractory material; 6. "Object" means any of the following equip- k. electronic computer or electronic data ment owned or leased by you or operated processing equipment unless used solely under your control: to control or operate only one "object." a. any boiler or fired vessel; I. equipment used for communication, b. any unfired vessel subject to vacuum or lighting, advertising, display, testing, ex- internal pressure other than weight of perimental, research, diagnostic, thera- contents; peutic, surgical, dental or pathological c. any refrigerating or air conditioning sys- purposes; tem, including all vessels, coils and m. "object" manufactured by you unless the 4 piping that contain refrigerant or other "object" is in use or connected ready for medium for cooling, humidifying or use; space heating; n. vehicle, elevator, escalator, conveyor, d. any piping and its accessory equipment, hoist or crane; but not including: o. burled vessel or piping; or (1) sewer piping; p. part of a vessel that is not under: (2) piping forming part of a fire protec- (1) pressure of the contents of the ves- tion system; or sel; or (3) water piping other than boiler feed- (2) Internal vacuum. water piping, boiler condensate7. "One Accident" means: return piping or water piping forming part of a refrigerating or air con- If an initial "accident" causes other "acci- ditioning system; dents" all will be considered "one accident." All "accidents" at any one location that e. any compressor, pump, engine, turbine, motor, manifest themselves at the same time and generator, gear, gear set, fan or blower, Including any shaft forming a are the result of the same cause will be con- part of the "Object," together with any sidered "one accident." coupling, clutch, wheel or bearing on 8. "Suit" means a civil proceeding to which this that shaft; insurance applies and that may include an f. any transformer or electrical distribution arbitration proceeding to which you must submit with our consent. equipment; and g. any other mechanical or electrical equip- ment used for maintenance or service of Page 8 of 8 Includes copyrighted material of Insurance Services Office, Inc. with its permission. BM T1 00 09 88 Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987 BOILER AND MACHINERY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS ADJUSTMENT AGREEMENT This endorsement modifies insurance provided by all of the forms and endorsements forming a part of our Boiler and Machinery policy to which it is attached. Under certain circumstances it may increase or limit our initial payment to you following a loss. A. In the event of damage to property at a "location" 3. The Property Insurer(s) will pay you the that is covered by both the Property and Boiler amount of loss they accept as definitely and Machinery Coverage Parts, and there is covered by the Property Coverage Part(s) or disagreement between the insurance carriers as Policies, plus one-half (1/2) the amount of to whether the damage: loss that is in disagreement. However, the 1. Was caused by an "accident" insured under total they will pay will not be more than they the Boiler and Machinery Coverage Part; or would have paid had there been no Boller and Machinery Coverage Part in effect at the 2. Was caused by a Cause of Loss insured time of the occurrence. under the Property Coverage Part; or 4. After payment of the loss under the terms of 3. Is partially covered by either, this endorsement, the Property Insurer(s) B. We will pay, after your written request, the and we agree to submit our differences to amount of loss that we accept as definitely arbitration within 90 days of our payments. covered by our Boiler and Machinery Coverage, 5. You agree to cooperate with any arbitration plus one-half (1/2) the amount of loss that is in procedures. There will be three arbitrators. disagreement. However, the total we will pay will One will be appointed by us, one by the not be more than we would have paid had there Property Insurer(s) and the third by the been no Property Coverage Part or Policy in mutual consent of the other two arbitrators. effect at the time of the occurrence. The arbitrators' decision shall be binding on C. This agreement is subject to the following the insurers. Judgement on any award can conditions: be entered In any court that has jurisdiction. 1. The total amount of loss shall be first agreed 6. The provisions of this endorsement will not to by you, the Property Insurer(s) and us. apply unless the Property Coverage Part or 2. Any payment made under the terms of this Policy is similarly endorsed. endorsement, for the amount of loss in dis- 7. Acceptance by you of sums paid under the agreement, Is limited to the smallest amount terms of this endorsement does not alter, payable under either the Boiler and waive or surrender any of your legal rights Machinery or Property Coverage Parts or against us. -- Policies. O= BM T5 00 09 88 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 Copyright, Insurance Services Office, Inc., 1988 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: M5J-660-920J5922-TIL-92 BOILER AND MACHINERY THE FULL AND COMPLETE NAME OF INSURED IS AS FOLLOWS: COLORADO COUNTIES CASUALTY AND PROPERTY POOL, ETAL ADDITIONAL NAMED INSUREDS ALAMOSA COUNTY LA PLATA COUNTY ARCHULETTA COUNTY E COUNTY BACA COUNTY LAS ANIMAS COUNTY BENT COUNTY LINCOLN COUNTY CHAFFEE COUNTY LOGAN COUNTY CHEYENNE COUNTY MINERAL COUNTY CLEAR CREEK COUNTY MONTROSE COUNTY CONEJOS COUNTY MORGAN COUNTY COSTILLA COUNTY OTERO COUNTY CROWLEY COUNTY OURAY COUNTY DELTA COUNTY PARK COUNTY ` DOLORES COUNTY PHILLIPS COUNTY DOUGLAS COUNTY PITKIN COUNTY EAGLE COUNTY PROWERS COUNTY ELBERT COUNTY PUEBLO COUNTY FREMONT COUNTY RIO BLANCO COUNTY GARFIELD COUNTY RIO GRANDE COUNTY GILPIN COUNTY ROUTT COUNTY GRAND COUNTY SAGUACHE COUNTY GUNNISON COUNTY SAN JUAN COUNTY HINSDALE COUNTY SEDGWICK COUNTY HUERFANO COUNTY SUMMIT COUNTY JACKSON COUNTY TELLER KIOWA COUNTY WASHINGTON COUNTY KIT CARSON COUNTY WELD COUNTY YUMA COUNTY BM TS 00 07 92 PAGE 01 (END) BOILER AND MACHINERY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL LOCATION SCHEDULE The following is being used on this policy instead of a specific schedule of"locations" attached to the policy. All "locations" owned, operated or under the 1. You must submit an updated list of all "loca- care, custody or control of the Named Insured, tions" to be covered under the policy for the that are located In the continental United States, upcoming policy year; and Alaska, Hawaii or Puerto Rico, and are on file 2. The "Automatic Coverage" extension ceases with us, are considered as individually inserted in to apply at any "location" acquired prior to any "location" entry area of any Declarations or that anniversary date and not on the most Endorsement, unless specifically changed by current list filed with us. endorsement. At each anniversary of the policy: ea— BM T8 69 04 91 Page 1 of 1 The Travelers 1 Tower Square Hartford, CT 06183 CHANGE ENDORSEMENT Named Insured: COLORADO COUNTIES CASUALTY & PROPERTY POOL C/O COUNTY TECHNICAL SERVICES, INC. Policy Number: 660-920J5922-TIL-92 Policy Effective Date: 07/01/92 Issue Date: 07/24/92 Premium $ 0 Effective from 07/01/92 at the time of day the policy becomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: THE BOILER AND MACHINERY COVERAGE PART IS AMENDED AS FOLLOWS: THE NAMED INSURED IS HEREBY AMENDED TO READ: COLORADO COUNTIES CASUALTY & PROPERTY POOL C/O COUNTY TECHNICAL SERVICES, INC. COUNTERSIGNED BY: CN A horized Representative NAME AND ADDRESS OF AGENT OR BROKER: DATE: -1 ,To`cs0Z ROLLINS BURDICK HUNTER OF UTAH, INC. (EC815) 2180 SOUTH 1300 EAST, SUITE 500 SALT LAKE CITY, UT 84106 IL TO 07 09 87 PAGE 1 OF 1 OFFICE: SALT LAKE CITY Hello