The URL can be used to link to this page

Browse Search

Home My WebLink About000171.tiff CAPP Administration County Technical Services, Inc. (CTSI) 1700 Broadway, Suite 1512 Denver, Colorado 80290 (303) 861-0507 (303) 861-2832 fax Allen Chapman, Executive Director Patti Bronikowski, Manager - Risk Programs Allison Anderson, Risk Management Analyst Brokerage Services Marsh USA, Inc. 1225 Seventeenth Street, Suite 2100 Denver, Colorado 80202-8430 Certificates of Insurance Placement of Ancillary Coverages Lorraine Kehm, Vice President Shelley Urwiller, Client Representative (800) 241-2610 (303) 308-4624 (303) 308-4900 fax CAPP 2001 Insurance Summary This insurance summary is a brief outline of the coverages afforded under your insurance policies. Since it is information only, it should not be construed to constitute the entire insurance contract. As your policies may contain additional coverages and restrictions, the exact wording should be consulted. CAPP 2001 Coverage Summary Limits Deductible Public Entity Liability Aggregate Limits General Aggregate $2,000,000 $0 Each Occurrence Limit $2,000,000 $0 Fire Damage Legal Liability $100,000 $0 Medical Payments-per person $5,000 $0 Employee Benefits $2,000,000 $0 Public Officials& Law Enforcement Liability Separate limit from General Aggregate Annual Aggregate $2,000,000 $0• CAPP provides$125,000 of coverage for regulatory-taking type claims after the member county pays$125,000 in claim costs. •Employment Termination Related claims have a$10,000 deductible. l" Limits Deductible Building & Personal Property Replacement Cost Buildings&Contents $50,000,000 $500 Builder's Risk $5,000,000 $500 Sublimits Newly acquired property $1,000,000 $500 Pollution cleanup and removal $25,000 $500 Inland Marine Mobile&Contractor's Equipment $50,000,000 $500 Other Property Valuable papers Value(on or off premises) $50,000,000 $500 Boiler and Machinery Equipment breakdown $100,000,000 $500 Crime and Bonds Theft,disappearance,destruction-Inside or outside $150,000 $500 Public Employee Dishonesty-Each Loss $150,000 $500 Public Employee Dishonesty-Per Employee $150,000 $500 ��:r f .,.° •;°.vim A Limit Deductible Auto Liability Includes Hired/Non-owned $2,000,000 $0 Medical Payments $5,000 $0 Personal Injury/No Fault $2,000,000 $0 Uninsured Motorist n/a n/a Auto Physical Damage - - Comprehensive Actual cash value $500 Collision Actual cash value $500 Excess Liability "Claims Made" Insurer: St. Paul Fire&Marine Insurance Company Policy No.: GP09100426 Effective Dates: January 1, 2001 to January 1,2002 Annual Premium: $721,145 LIMITS OF LIABILITY: $ 1,750,000 Automobile Liability, Each Occurrence $ 5,000 Automobile Medical Payments, Each Person $ 1,750,000 Personal Injury, Property Damage, Each Occurrence $ 5,000 Premises Medical Payments,Each Person $ 1,750,000 Public Officials Errors and Omissions Liability, Each Wrongful Act Aggregate Limits of Coverage,in any one policy year: $ 1,750,000 Personal Injury,Property Damage $ 1,750,000 Products&Completed Operations $ 1,750,000 Public Officials Errors and Omissions Liability These aggregate limits above apply separately for CAPP and for each Participating Member County(PMC) PARTICIPATING MEMBER COUNTIES AS NAMED INSUREDS: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, Lake, La Plata, Las Animas, Lincoln, Logan, Mineral, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pueblo, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, Sedgwick, Summit, Teller,Washington, Weld, Yuma SELF-INSURED RETAINED LIMIT(INCLUDING INDEMNITY AND DEFENSE): $ 250,000 Each Occurrence or Wrongful Act $ 4,000,000 In Any One Policy Period RETROACTIVE DATES: July 1, 1986 except: January 15, 1986 Weld County February 16, 1987 Cheyenne County April 1, 1987 Lake County July 1, 1987 Grand, Montrose, and Fremont Counties July 1, 1988 Delta County July 1, 1997 Custer County for Law Enforcement only s, a_ AP%z00 so,)E.a=r�uahrDOr(02/14/01) 1 MARSH An/AMC Company COVERAGE: • • Claims Made Excess Liability. The Insurer agrees to pay on behalf of the Named Insured Ultimate Net Loss(in excess of the retained limit) liability which the Insured assumes under contract with a Participating Member County or becomes legally obligated to pay as damages because of: ➢ Personal Injury ➢ Property Damage ➢ Public Officials E&O INSUREDS: • CAPP and Participating Member Counties • Former or current elected or appointed officials, including committee members, trustees, boards or commissions, and district attorneys and their assistants while acting for or on behalf of the Named Insured. • Past or present employees,agents,or volunteers of the Named Insured while acting for or on behalf of the Named Insured. • Any person using an automobile owned or hired by a Participating Member County providing the actual use of the automobile is within the scope and permission thereof. EXCLUSIONS: • Obligations under any workers' compensation, occupational disease, unemployment compensation or disability benefits law, or under any similar law. • Property Damage to: ➢ Real Property occupied by or leased to a Named Insured, its agents or subcontractors ➢ Real or Personal Property in a Named Insured's care, custody or control,(coverage will attach excess of SIR and excess of any valid and collectible insurance) • As respects liability assumed by a Named Insured under any contract: ➢ To any claim from any arbitration proceeding wherein the Company is not entitled to exercise with the Named Insured their rights in the choice of arbitrators, and in the conduct of such proceedings ➢ If the indemnitee of Named Insured is an architect,engineer or surveyor,to the liability of the indemnitee, his agents or employees arising out of: • The preparation or approval of contracts, maps,plans, drawing, etc., or; • The giving or the failure to give directions or instructions by the indemnitee ➢ Exclusions do not apply to resulting Personal Injury and Property Damage • Liability arising out of the operation of any airport,except with respect to the maintenance of buildings or premises • Liability for Personal Injury or Property Damage arising out of the rendering or failure to render health professional services: ➢ Which results from any surgical procedures, or; ➢ Services performed at any hospital • Failure to supply a specific amount of electrical power, fuel or water or to liability arising out of the interruption of the electrical power, fuel or water supply • Nuclear Energy Liability • Discharge, dispersal, release or escape of pollutants, including cleanup S'Kline-g\CAPP\2001\Soi\ExcessCazualty.DOC(0:94i0p 2 MARSH An ANIC Company • Manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to,asbestos products, asbestos fibers or asbestos dust • Liability imposed upon an Insured under the Employee Retirement Income Security Act of 1974 • Sexual abuse or molestation of any person involving actual physical contact by an Insured. Exclusion applies only to any person who has made any attempt at any sexual abuse or molestation or knowingly participated in such acts. • Ownership,maintenance or use, including loading or unloading, of aircraft, or watercraft over 26' in length, if said watercraft is used to carry persons for hire • War • Circumstances notified to other insurance carriers • Claims resulting from occurrences prior to the Retroactive Date(s) • Advertising, Broadcasting, Publishing or Telecasting Operations • Premises Medical Expenses for any of the following: > A person injured on that part of your premises that the person normally occupies > Coverage provided under Products and Completed Operations Liability > A person injured while practicing for or participating in any athletic or sports contest or exhibition sponsored, conducted or directed by an Insured > Any person who is sentenced and imprisoned in, committed to, confined in,or detained in any county jail or other detention facility • Any claim or suit that seeks declaratory or injunctive relief • Under Public Officials Error and Omissions Liability: > Automobile Liability, Personal Injury or Property Damage > Liability arising out of estimates of probable costs or cost estimates being exceeded or for faulty preparation of bid specifications or failure to award contracts in accordance with statute or ordinance > Injury to, destruction or disappearance of any tangible property(including money) or the loss of use thereof > Willful commission of a crime or other dishonest or fraudulent act > Financial gain to which an Insured is not legally entitled > Faulty preparation of maps,plans reports, surveys, designs,bid documents, or specifications; but this exclusion does not apply to these services when provided by an Insured for a Named Insured > Activities in a fiduciary capacity > Eminent domain, inverse condemnation, regulatory taking adverse possession or dedication by adverse use(does not apply to zoning variances,zoning or rezoning decisions) > Back wages, overtime or other wage related compensation > Improper administration or collection of taxes > Activities or operations of Housing Authorities,Port Authorities, School Boards, or Railroad Boards CANCELLATION: 90 Days Written Notice to Division of Insurance S?cli\a-g\CAPP\2001\Soi\ExcasCasualty.DOC(02/14/01) 3 MARSH An MAC Company ENDORSEMENTS: • Named Insured • Employee Benefits Program Administration Liability • Non-Waiver of Governmental Immunity • Other Insurance Redefined Endorsement • Retroactive Date endorsement • Colorado Personal Injury Protection(Automobile) • Pollution Exclusion Redefined • Waiver of Subrogation • Auto Medical Payments and Premises Medical Payments Definition • Form MCS -90 EXTENDED REPORTING PERIOD: You may purchase a 36 month period*of Extended Reporting after termination or non-renewal by payment of not more than 200%of the annual premium within 30 days of the effective date of termination or non-renewal. • A period of time in which to report to the Insurer claims made during the Extended Reporting Period for acts which occurred prior to termination or non-renewal. The Limit of Liability is not reinstated during this Extended Reporting Period. IMPORTANT REPORTING REQUIREMENTS: Written notice of occurrence reasonably likely to involve the Company, "as soon as practicable" of all claims which involve: (i) Death; (ii) Brain damage; (iii) Paraplegic or quadriplegic impairment; (iv) Eyesight; (v) Third degree burns; (vi) Traumatic loss of or surgical amputation of a limb; (vii) A serious case where, in the judgment of the Insured or its defense counsel, reserves exceed$125,000 S:cli\a-g,CAPP\200 I\Sol\EscasCasuaIty.DOC(02/14/01) 4 MARS H An NM Company Excess Property and Boiler & Machinery Insurer: St. Paul Fire& Marine Insurance Company Policy No.: GP09100425 Effective Dates: January 1, 2001 to January 1, 2002 Annual Premium: $331,866 EXCESS PROPERTY: COVERAGE LIMITS: $ 50,000,000 SELF-INSURED RETENTION: $ 150,000 Each Claim NAMED INSURED: Colorado Counties Casualty and Property Pool and Participating Member Counties. Insured includes: any official,trustee or employee of the Named Insured while acting within the scope of his duties as such, and any person, organization,trustee or estate to whom the Named Insured is obligated by written contract or agreement to provide insurance,but only in respect to operations by or on behalf of the Named Insured. PARTICIPATING MEMBER COUNTIES AS NAMED INSUREDS: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, Lake, La Plata, Las Animas, Lincoln, Logan, Mineral, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pueblo, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, Sedgwick, Summit,Teller, Washington, Weld, Yuma CAUSES OF LOSS: • Covers "All Risks" of Direct Physical Loss, including Flood and Earthquake, Subject to Exclusions • For Automobiles,Risks of Direct Physical Loss, including Collision 5,c,,,a_e,CAPP\200,so,,E.ces,Prope,rDOC,o2„a,o„ 1 MARS H An MAC Company VALUATION: • Replacement Cost(If property not repaired, rebuilt or replaced within two years, Actual Cash Value applies). • Actual Cash Value for Automobiles COINSURANCE: None PROPERTY COVERED: • All real and personal property, including leasehold improvements and betterments, of every kind and description, wherever located. • Automobiles owned by the Insureds or on which the Insureds have an obligation to provide adequate insurance. IMPORTANT POLICY FEATURES: $ 50,000,000 Earthquake Limit(Annual Aggregate) $ 50,000,000 Flood Limit(Annual Aggregate) $ 1,000,000 Newly Acquired Property,per location(values in excess of$1,000,000 to be reported within 60 days) $ 5,000,000 Builders Risk(Unscheduled) $ 500,000 Unscheduled Locations, any one occurrence $ 50,000 Personal Property of Others EXCLUSIONS: • Vermin or insects,wear or tear,rust, wet or dry rot, or mold • Radioactive contamination or other contamination(except by hostile fire) • Loss of use, delay • Breakdown of machinery or boiler explosion(exclusion does not apply to EDP equipment and media) • Dampness of atmosphere or variation in temperature except as caused by Fire or Extended Coverage perils or loss by freezing. • Loss of electrical appliances, including wiring • With regard to real property: ➢ Settling, normal shrinkage or expansion of foundations,walls, floors or ceilings ➢ With regard to personal property: Loss by mechanical derangement, inherent vice or latent defect ➢ Loss from processing or faulty workmanship ➢ Shrinkage,evaporation, loss of weight or leakage ➢ Inventory shortage • Property excluded: s,cl„a_g,CAP%=oo1,so„E.cessPropenYo«(o=,a,o„ 2 MARS H An MMC Company ➢ Animals, aircraft, standing timber, growing crops, currency, money, notes, securities, bridges, culverts, roadways, streets, walks, or paved surfaces, dams, docks,piers,and wharves. ENDORSEMENTS: • Transit Extension Insuring Clause(excludes ocean marine transit and property in the custody of the Post Office Department) • Extra Expense 40/80/100 of Limit • Amend Cancellation to 90 Days • Pollution Exclusion Endorsement • Extension of Pollution Cleanup and Removal -$25,000 any one occurrence/$25,000 aggregate(per PMC) • Year 2000 or Other,Related or Electronic Date Computer Exclusion Endorsement CANCELLATION PROVISION: 90 Days Notice BOILER AND MACHINERY: LIMITS& SUBLIMITS: $ 100,000,000 Combined for Property Damage, Business Income, Extra Expense, Expediting Expense, Off Premises Service Interruption, Ammonia Contamination,Water Damage, Brands and Labels,Newly Acquired Locations, and Errors in Description Sublimits Per Accident: $ 1,000,000 Ordinance or Law $ 100,000 Ammonia Contamination $ 100,000 Expediting Expenses $ 100,000 Water Damage $ 25,000 Hazardous Substances $ 25,000 Consequential Damage VALUATION: Repair or Replacement DEDUCTIBLES: Deductibles Apply to All Locations/Objects sc,Ba_g,CAP%2001,So,,E,ces,aope,rnoc(o=,14;0„ 3 MARSH An MMC Company $ 5,000 Property Damage, Per Accident 12 Hours Business Income and Extra Expense $ 5,000 Spoilage COVERAGE: Direct damage caused by an"Accident" (sudden and accidental breakdown)to a covered object COVERED OBJECTS: Comprehensive, Including Production Machinery COVERED LOCATIONS: Any location in the U.S. which is owned by an Insured or leased by and operated under the control of an Insured and for which the Insured is legally liable. EXCLUSIONS: • Ordinance or Law • Nuclear • War and Military Action • Loss caused by: ➢ Earth movement ➢ Explosion except of any steam boiler, electric steam generator, steam piping, steam turbine, steam engine, gas turbine, or moving machinery caused by centrifugal force or mechanical breakdown ➢ An "accident" to any "object" while being tested ➢ Fire or explosion occurring at the same time as an"accident" or that ensues from an "accident" ➢ Explosion of gas or unconsumed fuel within furnace ➢ An "accident" that results from an explosion or fire ➢ An "accident" resulting from lightning, if covered by other insurance ➢ Water or other means used to extinguish a fire ➢ Lack of power, light, heat, steam, or refrigeration ➢ Damage to property by water as a result of an "accident"to part of an air conditioning system ➢ Hydrostatic,pneumatic or gas pressure tests ➢ Flood, however if the "accident" results from a flood,coverage applies for direct damage to covered property caused by the "accident" • Additional exclusions with respect to Business Income, Extra Expense and Off Premises Service Interruption: Si. Interruption of business that would not or could not have been carried on if the "accident" had not occurred ➢ Failure to use diligence and reasonable means to resume business at described premises ➢ Lapse or cancellation of contract Sdcli\a-g\CAPP'200I\Soi\ExcessProperty.DOC(02✓14/01) 4 MARSH An MAC Company • Additional exclusions with respect to Spoilage(Coverage is Actual Cash Value): ➢ Failure to use reasonable means to protect perishable goods from damage following an "accident" • Additional exclusions with respect to Off Premises Service Interruption: ➢ An "accident" caused by fire, lightning, sprinkler leakage, windstorm, hail, aircraft, vehicles, smoke, earth movement, water, flood, explosion(unless covered by the Boiler &Machinery coverage), civil authority, vandalism, or molten material ENDORSEMENTS: • Demolition and Increased Cost of Construction Coverage • Amend Newly Acquired Property reporting to 365 days • Amend Cancellation provision to 90 days • Utility Interruption Coverage(on or off premises) • Consequential Damage • Combined Business Interruption and Extra Expense • Brands and Labels • Omnibus Location Description • Limit -Any One Accident • Sublimits endorsement • Colorado Amendatory CANCELLATION: • 90 Days Notice • 10 Days Notice for nonpayment of premium NON-RENEWAL: 45 Days Notice IMPORTANT REPORTING REQUIREMENTS: • New locations at renewal • "Prompt" notice of losses s\c,.,a.6,CaPp200„so„E.ca=Propenroa(oz,14,o1) 5 MARS H An ANC Company CAPP 2001 Excess Liability Policy INTRODUCTION TMesifui This policy protects against a variety of losses. There are also some restrictions. We've Policy Number: GP09100426 written this policy in plain, easy-to-understand English. We encourage you to read it carefully UPPER MIDWEST to determine what is and what is not covered, HAMM BUILDING as well as the rights and duties of those 408 ST. PETER ST, SUITE 300 protected. ST. PAUL MN 55102-1118 In return for your premium, we'll provide the Your policy is composed of General Rules, an protection stated in this policy. explanation of What To Do If You Have A Loss, one or more Coverage Summaries, and one or We, us, our and ours mean St. Paul Fire and Marine more Insuring Agreements explaining your Insurance Company. We're a capital stock coverage. It may also include one or more company located in St. Paul, Minnesota. endorsements. Endorsements are documents that change your policy. The Policy Forms List The words you, your and yours mean the shows all the forms included when this policy insured named here, which is a begins. COUNTY POOL COLORADO COUNTIES CASUALTY & PROPERTY One of our authorized representatives will also 1700 BROADWAY, SUITE 1512 countersign the policy. DENVER CO 80290 This policy will begin on 01/01/01 and will continue until 01/01/02 ***INSURED NAMES CONTINUED ON BACK*** Your former policy number is automatically replaced: RENEWAL Your premium for the policy period shown is: $721,145.00 However, please refer to the Premiums section of the General Rules to see how final premiums are determined. Our authorized representative is: 0549614 MARSH USA INC °-- 1225 17TH ST PLAZA STE 2100 eident DENVER CO 80202-5534 ,4 L,nzias-- eso-S to N/,t2e_ Authorized Representative Date .secretary Processing Date 01/23/01 13:47 001 40800 Ed.5-87 Printed in U.S.A. Introduction OSt.Paul Fire and Marine Insurance Co.1984 All Rights Reserved Page 1 SPECIAL EXCESS LIABILITY POLICY FOR PUBLIC ENTITIES Declarations THIS IS A CLAIMS-MADE POLICY- PLEASE READ THIS POLICY CAREFULLY Policy Number: GP09 100426 Named Insured and Mailing Address: COLORADO COUNTIES CASUALTY&PROPERTY POOL (CAPP) This policy is a claims made policy which provides liability c . 1700 BROADWAY, SUITE 1512 only if a claim is made c ..te polle-period or any applicable DENVER, COLORADO 80290 extended reporting period. POLICY PERIOD: From 01/1/2001 to 01/01/2002 at 12:01 AM standard time at Named Insured's mailing address as shown above LIMITS OF LIABILITY AND RETENTION: a) Self-Insured Retention Limit $250,000 each occurrence or wrongful act $4,000,000 in any one policy year b) Automobile Liability $1,750,000 each occurrence Automobile Medical Payments $5,000 each person c) Personal Injury, Property Damage $1,750,000 each occurrence Premises Medical Payments: $5,000 each person d) Public Officials Errors and Omissions Liability: $1,750,000 each wrongful act e) Aggregate Limits of Coverage: Personal Injury, Property Damage: $1,750,000 in any one policy year Products& Completed Operations: $1,750,000 in any one policy year Public Officials Errors and Omissions Liability: $1,750,000 in any one policy year These aggregate limits above apply separately for CAPP and for each Participating Member County (PMC) RETROACTIVE DATE: JULY 1, 1986 Unless otherwise endorsed Colorado Counties Casualty&Property Pool St. Paul Fire&Marine Insurance Company SPECIAL EXCESS LIABILITY POLICY FOR PUBLIC ENTITIES THIS IS A CLAIMS MADE FORM. READ YOUR POLICY CAREFULLY. Certain provisions in this policy restrict coverage. Read the entire policy carefully to determine your rights and duties and what is not covered. In consideration of the payment of the premium, and in reliance upon the statements in the Declarations made a part hereof and subject to the limits of liability, exclusions, conditions and other terms of this policy, the Company agrees with the Named Insureds as follows: INSURING AGREEMENT A. The Company will pay on behalf of the Insureds that portion of the Ultimate Net Loss in excess of the Retained Amount, which the Insureds shall become legally obligated to pay as damages (excluding all fines, penalties, punitive or exemplary damages) because of Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions Liability caused by an Occurrence or Wrongful Act to which this insurance applies. B. This insurance applies to Automobile Liability, Personal Injury, Property Damage or Public Officials Errors and Omissions Liability only if a claim for such damages: (1) is first made against an Insured during the policy period and written notice of such claim is received by a Named Insured, or us, whichever comes first, AND (2) is attributable to an occurrence or wrongful act which occurred on or after the Retroactive Date shown in the Declarations. C. This insurance also applies to Automobile Medical Payments and Premises Medical Payments, as defined in this policy, subject to the limits of coverage, exclusions, and other terms and conditions. D. All claims for damages because of Automobile Liability, Personal Injury and Public Officials Errors and Omission Liability to the same person, (including damages claimed by any person or organization for care, loss of consortium, loss of services or death resulting at any time) will be deemed to have been made at the time the first of those claims is made against an Insured. E. All claims for damages because of Property Damage causing loss to the same person or organization as a result of an occurrence will be deemed to have been made at the time the first of those claims is made against an Insured. St. Paul Fire & Marine Insurance Company Page 1 of 21 Colorado Counties Casualty & Property Pool DEFENSE COSTS The Company shall have the right and opportunity, but not the obligation, to be associated with the Named Insureds in the defense of any claims made, suits brought, or proceedings instituted which are or may be covered under this policy, and the Named Insureds and the Company shall cooperate to the fullest extent possible. If the Company avails itself of the opportunity to be associated in the defense, it shall do so at its own expense. Defense Costs are part of the Insureds' retained limit, and any payment of amounts incurred for defense will serve to reduce the Insureds' self-insured retention as specified in the Declarations. However, Defense Costs are in addition to the limits of coverage, and any payment of amounts incurred for defense do not reduce the limits of liability or aggregate limits of coverage. LIMITS OF COVERAGE AND SELF-INSURED RETENTION Regardless of the number of(1) Insureds under this policy, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of Automobile Liability, Personal Injury, Property Damage or Public Officials Errors and Omissions the Company's liability is limited as follows: A. Self-Insured Retention (1) The each occurrence or wrongful act self-insured retention shown in the declarations is the amount the Named Insureds are responsible for, including Defense Costs, in any one occurrence and/or wrongful act, before the limits of coverage will apply. (2) The aggregate self-insured retention shown in the declarations is the total amount the Named Insureds are responsible for, including defense costs, for all retained amounts in any one policy year. B. (1) Automobile Liability - The Company's liability shall be only for the Ultimate Net Loss in excess of the Insureds' retained limit, and shall not exceed the amount specified in the declarations as the result of any one occurrence. (2) Automobile Medical Payments - The limit of liability is included in the Self- Insured Retention. C. (1) Personal Injury and Property Damage - The Company's liability shall be only for the Ultimate Net Loss in excess of the Insureds' retained limit, and shall not exceed the amount specified in the declarations as the result of any one occurrence. (2)Premises Medical Payments - The limit of liability is included in the Self-Insured Retention. St. Paul Fire& Marine Insurance Company Page 2 of 21 Colorado Counties Casualty & Property Pool D. Public Official's Errors and Omissions Liability- The Company's liability shall be only for the Ultimate Net Loss in excess of the Insureds' retained limit, and shall not exceed the amount specified in the declarations as the result of any one Wrongful Act. E. Aggregate Limits of Liability - This policy is subject to aggregate limits of liability as stated in the Declarations. These aggregate limits of liability are the maximum amount that will be paid under this policy for all Occurrences or Wrongful Acts during the Policy Period applying separately to: (A) Personal Injury and Property Damage (B) Products and Completed Operations (C) Public Officials Errors and Omissions Liability These aggregates apply separately for each Named Insured. The aggregates do not apply to Automobile Liability. For the purpose of determining the limit of the Company's liability, all Automobile Liability, Personal Injury or Property Damage claims arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one Occurrence. In addition, all Public Officials Errors and Omissions taking place over more than one Policy Period insured by this Company shall be deemed to have taken place during the last Policy Period and only the Limit of Liability for that Policy Period shall apply. TERRITORY This policy applies to Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions Liability occurring anywhere in the world. PERSONS OR ENTITIES INSURED Each of the following is an Insured to the extent set forth below: (A)The Named Insured. The Named Insured includes the Named Insured stated in the Declarations and each Participating Member County (as scheduled on Endorsement #1). (B)Those individuals who were or now are elected or appointed officials of the Named Insureds, including members of their governing bodies or any other committees, trustees,boards or commissions of the Named Insureds; district attorneys, their assistants and staff while acting for or on behalf of district attorneys; agents, St. Paul Fire & Marine Insurance Company Page 3 of 21 Colorado Counties Casualty & Property Pool volunteers, and Useful Public Servants; all of the foregoing while acting for or on behalf of the Named Insureds. Exception: Members of the following boards or commissions are not Insureds: Housing Authorities, Port Authorities, School Boards, or Railroad Boards, (C)Past or present employees of a Named Insured while acting for or on behalf of a Named Insured. (D) Any person or organization as required by contract, but only for injury or damage that results from • premises owned, rented or leased by a Named Insured; • work done by a Named Insured; • any permitted user of autos the Named Insured is responsible for; or • any other obligations pursuant to an intergovernmental agreement entered into by a Named Insured. (E) Any person while using an automobile owned or hired by a Named Insured 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 Named Insured and within the scope and permission thereof, and to include any official, trustee or employee of a Named Insured with respect to the use of non-owned automobiles in the business of a Named Insured. This Policy with respect to any person or organization other than a Named Insured 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 Named Insured with respect to Bodily Injury to another employee of the same Named Insured 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; 3. with respect to any hired automobile, to the owner or a lessee thereof, other than a Named Insured, nor to any agent or employee of such owner or lessee. (F) Physicians performing services for a Named Insured, but only for their medical professional services for the jails and other detention facilities, and not including surgical procedures. St. Paul Fire & Marine Insurance Company Page 4 of 21 Colorado Counties Casualty & Property Pool EXCLUSIONS This policy does not apply: (A) Workers Compensation To any obligation for which an Insured or any carrier as the insurer for an Insured may be held liable under any worker's compensation, occupational disease, unemployment compensation or disability benefits law, or under any similar law. (B) Property In a Named Insured's Care, Custody or Control To any liability for Property Damage to: (1) Real Property occupied by or leased to a Named Insured, its agents or subcontractors; or (2) Real or Personal Property in a Named Insured's, its agent's or subcontractor's care, custody or control or as to which a Named Insured, its agents or subcontractors is for any purpose exercising control, unless no other valid and collectible insurance is available to a Named Insured. (C) Contract Liability Limitations As respects liability assumed by a Named Insured under any contract: (1) To any claim,judgment or agreement from any binding arbitration proceeding wherein the Company is not entitled to exercise with the Named Insureds their rights in the choice of arbitrators, and in the conduct of such proceedings; (2) If the Indemnitee of the Named Insured is an architect, engineer or surveyor, to the liability of the Indemnitee, his/her agents or employees, arising out of: (a) The preparation or approval of contracts, maps, plans, drawings, opinions, reports, tests, surveys, change orders, designs or specifications, or; (b) The giving or the failure to give directions or instructions by the Indemnitee, his agents or employees, provided such giving or failure to give is the primary cause of Personal Injury or Property Damage. Except that(a) and (b) above will not apply to resulting Personal Injury or Property Damage. (D)Health Care Professional Services -Hospital or Surgical Procedures Liability for Personal Injury or Property Damage arising out of the rendering or failure to render health professional services: (a) which results from any surgical procedures or (b) services performed at any hospital. St. Paul Fire & Marine Insurance Company Page 5 of 21 Colorado Counties Casualty & Property Pool (E) Failure To Supply To liability arising out of the failure to supply a specific amount of electrical power, fuel or water or to liability arising out of the interruption of the electrical power, fuel or water supply. However, this exclusion does not apply if the failure to supply results from accidental damage to tangible property owned or used by any Insured to obtain, produce, process, or transmit such service. (F) Nuclear Energy Liability To Automobile Liability, Personal Injury, Property Damage, or Public Official's Liability: (1) (a) With respect to which an Insured is also an Insured under a nuclear energy policy issued by the Nuclear Energy Liability-Property Insurance Association, Mutual Atomic Energy Liability Underwriters of 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 (b) Resulting from the hazardous properties of nuclear material and with respect to which (i) any person or any organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, (ii) the Insured is, or had this policy not been available would, be, entitled to indemnity from the United States of America or any agency thereof, with any person or organization. (2) Under any liability coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: (a) The nuclear material (i) is at any nuclear facility owned by the Insured or operated by the Insured or on the Insured's behalf, or(ii) has been discharged or dispensed therefrom; (b) The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by the Insured or on the Insured's behalf; or (c) The injury, sickness, disease, death or destruction arises out of the furnishing by the Insured of services, materials,parts or equipment in connection with the planning, construction,maintenance, operating or use of any nuclear facility,but if such facility is located within the United States of America, its territories or Canada, this exclusion(3) applies only to injury or Property Damage to such nuclear facility and any property threat. St. Paul Fire & Marine Insurance Company Page 6 of 21 Colorado Counties Casualty & Property Pool (3) As used in this exclusion: (a) "hazardous properties" includes radioactive, toxic or explosive properties; (b) "nuclear material" means source material, special nuclear material, or byproducts material; (c) "source material", "special nuclear material" and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or any law amendatory thereof; (d) "spent fuel" means any fuel element or fuel component, solid or liquid,. which has been used or exposed to radiation in a nuclear reactor; (e) "waste" means any waste material (i) containing by-product other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material contents and (ii) resulting from the operation by any person or organization of a nuclear facility included within the definition of nuclear facility below; (f) "nuclear facility" means: (i) any nuclear reactor (ii) 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 wastes; (iii) any equipment or device used for the processing, fabricating, or alloying of special nuclear material if at any time the total amount of such material in the Insured's custody 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; (iv) any structure,basin, excavation, premises or place prepared or used for 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. (g) "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction to contain a critical mass of fissionable material; St. Paul Fire & Marine Insurance Company Page 7 of 21 Colorado Counties Casualty & Property Pool (h)with respect to injury or to destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. (G) Pollution Liability (1) To any claim or suit, or any obligation to defend any claims or suits, for Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions arising out of the discharge, dispersal, release or escape of Pollutants, anywhere in the world; However, this part of the exclusion doesn't apply to Automobile Liability that results from pollution caused by fuels, lubricants, fluids, exhaust gases or similar Pollutants that: (a) are needed for or result from the normal electrical, hydraulic or mechanical functioning of a covered auto, other than the operation of specialized equipment; and (b) escape, seep or migrate, or are discharged, dispersed or released, directly from a part of the covered auto designed by its manufacturer to hold, store, receive or dispose of such Pollutants. Nor does this part of the exclusion apply to Automobile Liability that results from pollution from property of others which: (a) isn't in your care, custody or control; (b) isn't being transported or towed by or for you; and (c) is damaged by an accident due to the ownership, maintenance or use of a covered auto. (2) To any loss, cost or expense arising out of any governmental direction or request that the Insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants; (3) To any loss, cost, or expense incurred by a governmental unit or other third party, including but not limited to cost of investigation and monitoring and attorney's fees relating to activities in connection with efforts to test for, monitor, clean up, remove, contain, trace, detoxify or neutralize Pollutants. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste material. Waste material includes materials which are intended to be or have been recycled, reconditioned or reclaimed. Heat, smoke or fumes are not considered Pollutants when they result from a hostile St. Paul Fire & Marine Insurance Company Page 8 of 21 Colorado Counties Casualty &Property Pool fire at, on, in, or from a Named Insured's premises. (H) Noise Pollution Liability To any claim or suit, or any obligation to defend any claims or suits, for Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions arising from complaints of noise pollution. "Noise pollution" includes loud or irritating sounds. (I) Asbestos Liability (1) To any liability for Automobile Liability, Personal Injury, Property Damage, Public Officials Errors and Omissions, occupational disease, or death at any time arising out of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to, asbestos products, asbestos fibers or asbestos dust; or, (2) To any obligation of the Insured to indemnify any party because of damage arising out of such Automobile Liability, Personal Injury, Property Damage, Public Officials Errors and Omissions, occupational disease, or death, at any time as a result of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; or (3) To any obligation to defend any suit or claim against the Insured alleging Automobile Liability, Personal Injury, or Property Damage, or Public Officials Errors and Omissions and seeking Damages, if such suit or claim arises from Personal Injury, or Property Damage, or Wrongful Acts, resulting or contributed to,by any and all manufacture of, mining of, use of, sales of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; (4) To any loss, cost, expense, fine or penalty arising out of any of the foregoing Items 1, 2, and 3. (J) ERISA As respects liability imposed upon an Insured (or which is imputed to an Insured) under the "Employee Retirement Income Security Act of 1974" and any law amendatory thereof; (K) Sexual Abuse To claims arising out of the sexual abuse or molestation of any person involving St. Paul Fire &Marine Insurance Company Page 9 of 21 Colorado Counties Casualty & Property Pool actual physical contact by an Insured. This exclusion applies only to any person who has made any attempt at any sexual abuse or molestation or knowingly participated in any sexual abuse or molestation by an Insured. (L) Aircraft To liability arising out of the ownership, maintenance or use, including the loading or unloading of aircraft. However, this exclusion does not apply to aircraft that is not owned or chartered by an Insured if: a. the aircraft is chartered with crew, including a pilot, not employed by the Insured; and b. the Insured isn't using the aircraft to carry persons or property for a charge. (M) Watercraft To liability arising out of the ownership, maintenance or use, including loading or unloading, of watercraft over 26 feet in length, but this exclusion only applies if said watercraft is used to carry persons for hire. (N) War To loss or damage 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. (O) Known Occurrence or Wrongful Act To any claim or potential claim or Occurrence or Wrongful Act or circumstances for which a Named Insured has provided notice to any other insurance company before the policy period in the Declarations. (P) Prior Occurrence or Wrongful Act To any claim resulting from an Occurrence or Wrongful Act which occurred prior to the Retroactive Date in the Declarations. (Q) Advertising, Broadcasting, Publishing or Telecasting Operations To liability for a publication or utterance arising from advertising, publishing, broadcasting or telecasting done by an Insured that: (1) slanders or libels a person or organization or disparages a person's or organization's goods, products,property or services, and piracy and infringement of copyright or of property; or (2) violates a person's right of privacy; St. Paul Fire& Marine Insurance Company Page 10 of 21 Colorado Counties Casualty & Property Pool (R) Premises Medical Expenses of Certain Persons To Premises Medical Payments coverage for any of the following: (1) a person injured on that part of your premises that the person normally occupies. (2) coverage provided under Products and Completed Operations Liability. (3) a person injured while practicing for or participating in any athletic or sports contest or exhibition sponsored, conducted or directed by an Insured. (4) any person who is sentenced and imprisoned in, committed to, confined in, or detained in any county jail or other detention facility. (S) Equitable Relief To loss or any amount required to comply with a court order that results from any action or demand, or any part of any claim or suit that seeks declaratory or injunctive relief. (T) Back Wages To loss for back wages, overtime or other wage related compensation for Persons or Entities Insured, or from collective employee bargaining agreements. (U) Under Public Officials Error and Omissions Liability, to: (1) Automobile Liability, Personal Injury or Property Damage as defined in the policy; (2) Liability of any Insured arising out of estimates of probable costs or cost estimates being exceeded or for faulty preparation of bid specifications or failure to award contracts in accordance with statute or ordinance which under law must be submitted for bids; (3) Injury to, destruction or disappearance of any tangible property (including money) or the loss of use thereof (4) Liability arising from the willful commission of a crime or other dishonest or fraudulent act; (5) Liability from obtaining financial gain to which an Insured is not legally entitled; (6) Liability arising from faulty preparation of maps, plans, reports, surveys, designs, bid documents, or specifications; but this exclusion does not apply to these services when provided by an Insured for a Named Insured; (7) Liability from activities in a fiduciary capacity. (8) Liability from eminent domain, inverse condemnation, regulatory taking, adverse St. Paul Fire & Marine Insurance Company Page 11 of 21 Colorado Counties Casualty & Property Pool possession or dedication by adverse use. This exclusion does not apply to zoning variances, zoning or rezoning decisions or to the acts of a Participating Member County's Treasurer, Sheriff, Health Department or their respective employees, volunteers or agents. (9) Liability arising from the improper administration or collection of taxes. (10) Liability arising from the activities or operations of Housing Authorities, Port Authorities, School Boards , or Railroad Boards. However, exclusions number (2), (4), (5), (6), and (7) do not apply to any contingent or vicarious liability of a Participating Member County arising out of one or more of the above referenced wrongful acts committed by an elected or appointed official of a Named Insured. DEFINITIONS When used in this policy (including endorsements forming a part hereof): "Automobile Liability" means Bodily Injury and Property Damage resulting from the ownership, maintenance, use or operation of any auto owned, rented, leased, or borrowed by any Insured. It includes loading or unloading to or from such auto. "Automobile Medical Payments" means reasonable expenses for necessary medical and funeral services incurred and reported within three years from the date of an accident to or for any Insured, or anyone else who sustains Bodily Injury caused by an accident involving a covered auto. "Bodily Injury" means any harm to the health of other persons, including physical harm, sickness, disease, disability, shock, mental anguish, humiliation, mental injury, or death. "Claim" means any formal or written demand or Suit for monetary relief, against an Insured, or circumstances from which a Named Insured reasonably believes a formal or written demand for monetary relief will be forthcoming, but only if a Named Insured 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. "Company" means the insurer(s) specified in the Declarations. "Completed Operations Liability" includes Bodily Injury and Property Damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the Bodily Injury or Property Damage occurs after such operations have been completed or abandoned and occurs away from premises owned by St. Paul Fire & Marine Insurance Company Page 12 of 21 Colorado Counties Casualty & Property Pool or rented to an Insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: (A)When all operations to be performed by or on behalf of the Insured under the contract have been completed; (B)When all operations to be performed by or on behalf of the Insured at the site of the operations have been completed; or (C)When the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise completed shall be deemed completed. The "Completed Operations Hazard" does not include Bodily Injury or Property Damage arising out of: (A) Operations in connection with the transportation of property unless the Bodily Injury or Property Damage arises out of a condition in or on an automobile created by the loading or unloading thereof; (B) The existence of tools, uninstalled equipment or abandoned or unused materials. "Damages" means monetary damages, and includes damages for death and for care and loss of services resulting from Personal Injury and damages for loss of use of property resulting from Property Damage, and damage resulting from Public Officials Errors and Omissions. "Defense Costs" means attorney's fees, costs and expenses and other fees, costs and expenses incurred in connection with the investigation, adjustment, defense and appeal of a Claim or Suit covered hereunder. Defense Costs include the defense costs of an Indemnitee when the Named Insureds assume liability for personal injury or property damage, and associated defense costs under a covered contract. However, Defense Costs do not include the office expenses of the Company or an Insured nor the salaries of employees or officials of the Company or an Insured. "Indemnitee" means any person or organization, other than an Insured, who is a party to a covered contract and is held harmless or protected under that contract by a Named Insured for liability for: • personal injury or property damage covered under this agreement; and St. Paul Fire & Marine Insurance Company Page 13 of 21 Colorado Counties Casualty & Property Pool • the contract liability defense expenses incurred in connection with such personal injury or property damage. "Insured" means any person or organization qualifying as an Insured under the Persons or Entities Insured section of this policy. The insurance afforded applies separately to each Insured against whom claim is made or suit is brought. "Occurrence" means an accident or event, including continuous or repeated exposure to conditions, which result in Personal Injury or Property Damage. All such exposure to substantially the same general conditions shall be deemed one "Occurrence." "Personal Injury" means: (A) Bodily Injury; (B) False arrest, false imprisonment, wrongful detention, or malicious prosecution; (C) Violation of civil rights; (D)Wrongful entry into, or eviction of any person from, a room, dwelling, or premises that a person occupies, or other invasion of the right of private occupancy; (E)A publication or utterance that slanders or libels a person or organization, including defamation, or disparages a person's or organization's goods, products, property or services; (F) Piracy and infringement of copyright or of written or intellectual property; (G)A publication or utterance that violates a person's right of privacy; (H)Assault and battery, not committed by or at the direction of, or with the consent of an Insured. However, this limitation does not apply i) if committed or directed for the purpose of protecting persons from injury or death, or property from damage, or ii) to liability arising out of corporal punishment (I) Improper or erroneous service of civil papers. "Premises Medical Payments" means medical expenses incurred because of Bodily Injury to someone other than an Insured under this policy caused by an accident on an Insured's premises or as part of an Insured's operations regardless of fault, that are incurred and reported within one year of the date of the accident. These include expenses for: St. Paul Fire & Marine Insurance Company Page 14 of 21 Colorado Counties Casualty & Property Pool 1. first aid at the time of the accident, 2. necessary medical surgical, x-ray and dental services, including prosthetic devices; and 3. necessary ambulance, hospital, professional nursing, and funeral services. "Products Liability" means Bodily Injury and Property Damage arising out of an Insured 's products or reliance upon a representation or warranty with respect thereto, but only if the Bodily Injury or Property Damage occurs away from premises owned by or rented to an Insured and after physical possession has been relinquished to others. "Property Damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an Occurrence during the policy period. "Public Officials Errors and Omissions" means any and all Wrongful Acts by an Insured arising from an action or inaction or ministerial act, mistake, misstatement, error, omission, or violation of antitrust statutes by an Insured in the discharge of duties for a Named Insured. "Suit" means a civil proceeding in which damages are alleged. It includes a binding arbitration proceeding for damages, and any other binding Alternative Dispute Resolution, to which the Insured submits with the Company's consent. "Ultimate Net Loss" means the sums for which an Insured is legally liable as Damages by reason of a judgment or settlement made with the written consent of the claimant, the Named Insureds and the Company, after making deductions for all recoveries for other valid and collectible insurance, excepting, however, the Insureds' Retained Limit and shall include all Defense Costs. "Wrongful Act" means any actual or alleged act, error or omission, arising out of the conduct or performance of any elected or appointed officials of a Named Insured in the performance of his or her duties. All such exposure to substantially the same general conditions shall be deemed one Wrongful Act. Wrongful act includes but is not limited to wrongful termination or discrimination based upon race, religion, nationality, national origin, color, creed, sex or age. CONDITIONS 1. Cross Liability Except with respect to Limits of Insurance, and any rights or duties specifically assigned to the first Named Insured, this insurance applies as if each Named Insured were the only St. Paul Fire & Marine Insurance Company Page 15 of 21 Colorado Counties Casualty &Property Pool Named Insured; and separately to each Insured against whom claim is made or suit is brought. 2. Insured's Duties in the Event of Occurrence, Claim or Suit (A) In the event of an Occurrence reasonably likely to involve the Company, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place, and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the Insured to the Company or any of its authorized agents as soon as practicable. (B) The Company shall be given notice as soon as practicable, following notice to the first Named Insured (CAPP), of all claims which involve: • Death. • Brain damage. • Paraplegic or quadriplegic impairment. • Loss of eyesight. • Third degree burns. • Traumatic loss of or surgical amputation of a limb. • A serious case where, in the judgment of the Insured or its defense counsel, reserves exceed $125,000. (C) The Named Insureds shall cooperate with the Company and upon its request assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Named Insureds because of Personal Injury or Property Damage with respect to which insurance is afforded under this policy; and the Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Named Insureds shall not, except at their own cost, voluntarily make any payment, assume any obligation or incur any expense. However, in the event that the amount of Ultimate Net Loss becomes certain either through trial court judgment or agreement among the Named Insureds, the claimant and the Company, then the Named Insureds may pay the amount of Ultimate Net Loss to the claimant to effect settlement and, upon submission of due proof thereof, the Company shall indemnify the Named Insureds for that part of such payment which is in excess of the retained limit, or will upon request of the Named Insureds, make such payment to the claimant on behalf of the Insured. (D) Whenever the first Named Insured (CAPP) has information from which the first Named Insured (CAPP)may reasonably conclude that an Occurrence or Wrongful Act covered hereunder involves injuries or damages, which in the event that an Insured should be held liable, is likely to involve this policy, notice shall be sent to: St. Paul Fire & Marine Insurance Company Page 16 of 21 Colorado Counties Casualty & Property Pool St. Paul Fire &Marine Insurance Company P.O. Box 441565 Aurora, CO 80044-1565 Street address: 12250 E. I1liff Avenue, Suite 400 Aurora, CO 80014-1253 Phone (303) 696-7500 as soon as practicable,provided, however, that failure to give notice of any Occurrence or Wrongful Act which at the time of its happening, did not appear to involve this policy but which at a later date, would appear to give rise to claims hereunder, shall not prejudice such claims. 3. Settlement Consent The Company shall have the right to propose a settlement for any claim or suit within an applicable Self-Insured Retention or the available limit of coverage,but only if it is reasonably certain that the claim or suit will exceed the Self-Insured Retention. If the Named Insured refuses to consent to a settlement, the Company will limit the total amount it will pay for damages and defense costs to no more than the amount it would have paid had the Named Insured given consent to the proposed settlement. 4. Appeals In the event the Named Insureds elect not to appeal a judgment in excess of the retained limit, the Company may elect to do so at its own expense,but in no event shall the liability of the Company for Ultimate Net Loss exceed the applicable amount specified in the Limits of Liability section of the Declarations plus all defense costs necessary and incident to such appeal. 5. Action Against the Company No action shall lie against the Company with respect to any one Occurrence or Wrongful act unless, as a condition precedent hereto,the Named Insureds shall have fully complied with all the terms of this policy, nor until the amount of the Insureds' obligation to pay an amount of Ultimate Net Loss in excess of the retained limit shall have been finally determined either by judgment against an Insured after actual trial, or by written agreement of the Named Insureds, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of insurance afforded by this policy. Nothing contained in this policy shall give any person or organization any right to join the Company as co-defendant in any action against the Named Insureds to determine an Insured's liability. St. Paul Fire&Marine Insurance Company Page 17 of 21 Colorado Counties Casualty & Property Pool 6. Bankruptcy and Insolvency Bankruptcy or insolvency of the Named Insureds shall not relieve the Company of any of its obligations hereunder. 7. Other Insurance This insurance is excess insurance that applies over self-insured retentions. If there is any other insurance for Automobile Liability, including Hired and Non-Owned Autos, Personal Injury, Property Damage, or Public Official's Errors and Omissions Liability covered by this insurance, this insurance is excess of that other insurance. "Other insurance" means valid and collectible insurance, or the funding of losses, other than insurance bought specifically to apply in excess of this insurance, that's available through: • another insurance company; • a risk retention group; • a self-insurance method or program, other than any funded by CAPP and over which this agreement applies; • any similar risk transfer method. 8. Subrogation The Company shall be subrogated to the extent of any payment hereunder to all the Insureds' rights of recovery. The Named Insured shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows: Any party, including the Named Insured, having paid an amount in excess of the Self- Insured Retention limit plus the limit of liability hereunder shall be reimbursed first to the extent of actual payment. If any balance then remains unpaid, it shall be applied to reimburse the Named Insureds. The expenses of all such recovery proceedings shall be apportioned in the ratio of the respective recoveries. If there is no recovery in proceedings conducted solely by the Named Insured, it shall bear the expenses thereof. 9. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or change in any part of this policy or stop the Company from asserting any right under the terms of this policy, nor shall the terms of this policy be waived or changed , except by endorsement issued to form a part of this policy. St. Paul Fire & Marine Insurance Company Page 18 of 21 Colorado Counties Casualty & Property Pool 10. Assignment Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon; however, if an Insured shall die, such insurance as is afforded by this policy shall apply (A) to the Insured's legal representative, as the Insured, but only while acting within the scope of his duties as such and (B) with respect to the property of an Insured to the person having temporary custody thereof as Insured, but only until the appointment and qualification of the legal representative. 11. Maintenance of Retained Limit The amount stated in the Declarations as the Self-Insured Retention Limit applicable to each occurrence or wrongful act claim shall be maintained intact and be the responsibility of the Named Insureds except for any reduction thereof solely by payment for Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions as defined and otherwise covered by this Policy. The failure of the Named Insureds to comply with this Condition 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 Insureds to maintain the Self-Insured Retention limit, including, but not limited to the insolvency,bankruptcy, liquidation or failure of CAPP to pay on behalf of the Named Insureds, will not impose any liability, contractually or otherwise, upon the Company to assume the defense or incur any expenses on behalf of the Named Insureds under this Policy. 12. Cancellation This policy may be canceled by the first Named Insured(CAPP)by surrender thereof to the Company or any of its authorized agents, or by mailing to the Company written notice stating when thereafter the cancellation shall be effective. The policy may be canceled by the Company by mailing to the first Named Insured at the address shown in this policy written notice stating when not less than ninety days thereafter such cancellation shall be effective. Provided that the first Named Insured fails to discharge when due any of its obligations in connection with the payment of premium for the policy or any installment thereof, whether payable directly to the Company or its agent or indirectly under a premium finance plan or extension of credit, this policy may be canceled by the Company by mailing to the first Named Insured at the address shown in the policy, written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or effective date and hour of cancellation stated in the notice shall become the end of the Policy Period. St. Paul Fire & Marine Insurance Company Page 19 of 21 Colorado Counties Casualty & Property Pool Delivery of such written notice either by the first Named Insured or by the Company shall be equivalent to mailing. If the first Named Insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the Company cancels, earned premium shall be computed prorata. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. No cancellation or termination of the Policy whether by or at the request of the first 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, Division of Insurance, 1560 Broadway, Suite 850, Denver, CO 80202, unless an earlier date of such cancellation or termination is approved by said Commissioner of Insurance, State of Colorado. 13. First Named Insured The first Named Insured (CAPP) is authorized to act on behalf of all Named Insureds and other Insureds with respect to the giving and receiving of notice of cancellation and to receiving any return premium that may become payable under this policy. The first Named Insured is responsible for the payment of all premiums, but the other Named Insureds jointly and severally agree to make such premium payments in full if the first Named Insured fails to pay the amount due within (30) days after the company gives a written demand for payment to the first Named Insured. 14. Extended Reporting Period In the event of cancellation or non-renewal by the Company for any reason except non- payment of premium, the first Named Insured, upon payment of an additional premium of not more than 200% 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 thirty-six (36)months,but any such Claim must arise from an Occurrence prior to the date on which the Extended Reporting Period commenced and after the Retroactive Date. The first Named Insured must make a written request for an Extended Reporting Period within 30 days after the expiration of the policy period and pay the additional premium within 30 days after said request. The Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due, the endorsement may not be canceled. St. Paul Fire& Marine Insurance Company Page 20 of 21 Colorado Counties Casualty & Property Pool The Extended Reporting Period will not reinstate or increase the Limits of Liability or extend the policy period. 15. Claim Information The Company, upon request of the first Named Insured and within thirty days thereafter, shall supply sufficient information to the first 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. St. Paul Fire & Marine Insurance Company Page 21 of 21 Colorado Counties Casualty &Property Pool 711e$rRiul NAMED INSURED ENDORSEMENT 23.Jackson It is agreed that the Participating Member 24.Kiowa Counties named hereunder are included 25.Kit Carson as Named Insureds: 26.Lake 27.La Plata 1. Alamosa 28.Las Animas 2. Archuleta 29.Lincoln 3. Baca 30.Logan 4. Bent 31.Mineral 5. Chaffee 32.Montrose 6. Cheyenne 33.Morgan 7. Clear Creek 34.Otero 8. Conejos 35.Ouray 9. Costilla 36.Park 10.Crowley 37.Phillips 11.Custer 38.Pueblo 12.Delta 39.Rio Blanco 13.Dolores 40.Rio Grande 14.Eagle 41.Routt 15.Elbert 42.Saguache 16.Fremont 43. San Juan 17.Garfield 44. Sedgwick 18.Gilpin 45. Summit 19.Grand 46.Teller 20.Gunnison 47.Washington 21.Hinsdale 48.Weld 22.Huerfano 49.Yuma Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP09 1000426 Effective Date 01-01-2001 COLORADO CO.CASUALTY&PROPERTY POOL 40502 Ed. 1-80 Customized Form © St.Paul Fire and Marine Insurance Co. 1980 Page 1 of 1 rneStpaul Policy Coverage Change for Garfield County The limits of liability are as follows, as respects Garfield County: Automobile Liability: $4,750,000 each occurrence Personal Injury, Property Damage: $4,750,000 each occurrence Aggregate Limits of Coverage: Personal Injury, Property Damage: $4,750,000 in any one policy year These limits apply only to the contract between Garfield County and Kansas State Bank of Manhattan for the Lease with Option to Purchase Agreement dated as of August 7, 1998. The description of the equipment involved is shown in Exhibit A of this Agreement, on file with St. Paul Fire & Marine Insurance Company. Name of Insured Policy Number GP09 1000426 Effective Date 01-01-2001 COLORADO CO. CASUALTY & PROPERTY POOL Endorsement 40502 Ed. 1-80 Customized Form © St. Paul Fire and Marine Insurance Co. 1980 Page 1 of 1 ThestRiul EMPLOYEE BENEFITS PROGRAM ADMINISTRATION LIABILITY - CLAIMS-MADE ENDORSEMENT This policy is a claims made policy which provides lability c veragel only if a claim is made during the @�polic' period or any applicable THIS IS A CLAIMS MADE FORM. READ YOUR POLICY CAIitb'1 i. orlin9 period. In consideration of the premium charged and subject to the terms, definitions and exclusions hereunder, the Company will pay on behalf of the Named Insureds amounts in excess of the Self-Insured Retention that the Named Insureds are legally obligated to pay as damages because of an act, error, or omission committed in the Administration of the Named Insured's Employee Benefits Program for its present or former employees. This insurance applies only if a claim for such damages: (1) is first made against an Insured during the policy period and written notice of such claim is received by a Named Insured, or us, whichever comes first, AND (2) is attributable to a wrongful act which occurred on or after the Retroactive Date shown in the Declarations. Definitions "Employee Benefits Program" means • pension and profit sharing plans; • Individual Retirement Account (IRA) plans; • Salary reduction plans under Internal Revenue Code 401(k) or amendments; • Savings plans; • Group plans for life, health, dental, disability, automobile, homeowners, and legal advice insurance; • Social security system benefits; • Workers' compensation and unemployment insurance; • Travel and vacation plans; and • Educational tuition reimbursement plans. "Administration" means (a) giving counsel to employees with respect to an Employee Benefit Program; (b) interpreting an Employee Benefit Program; (c) handling records in connection with an Employee Benefit Program; (d) effecting enrollment, termination or cancellation of employees under an Employee Benefit Program; provided all such acts are authorized by the Named Insured. Name of Insured Policy Number GP091000426 Effective Date 01-01-2001 COLORADO CO. CASUALTY&PROPERTY POOL Endorsement#2 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 Page 1 of 3 Limits of Coverage and Self-Insured Retention Regardless of the number of(1) Insureds under this policy, (2) persons or organizations making claims or bringing suits, or (3) claims made or suits brought on account of any act, error or omission in the Administration of the Named Insured's Employee Benefit Program, the Company's liability is limited as follows: A. $250,000 Self-Insured Retention each wrongful act is the amount the Named Insureds are responsible for, including defense costs, before the limits of coverage will apply. The Self-Insured Retention for Employee Benefits Liability applies toward the aggregate self-insured retention shown in the declarations. The aggregate retention is the total amount the Named Insureds are responsible for, including Defense Costs, for all retained amounts in any one policy year. B. $1,750,000 Each wrongful act limit is the most the Company is responsible for in Damages from a single wrongful act or a series of related wrongful acts. C. $1,750,000 Aggregate limit is the most the Company is responsible for in Damages in any one policy year. This aggregate applies separately for each Named Insured. EXCLUSIONS This policy does not apply under this endorsement: A. Personal Injury or Property Damage; To liability for Personal Injury or Property Damage as defined in this policy, including loss of use of tangible property. B. Dishonest Acts To any dishonest, fraudulent, criminal or malicious act or omission. C. Failure to Comply With Law. To any claim that results from the intentional violation of any workers' compensation, unemployment insurance, social security or disability benefits law or administrative interpretation of such laws. D. Failure to Pay Benefits To any claim that results from the failure to provide benefits because they are not properly funded or an insurance company's failure to comply with the terms of its policy. Name of Insured Policy Number: Effective Date: Processing Date: Endorsement#2 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 Page 2 of 3 E. Advice • To any claim that results from advice given to any employee to participate or not to participate in any stock subscription, individual retirement account or salary reduction plan. F. Investment of Funds To any claim that results from the investment or non-investment of employee benefit funds, or the failure of any investment to perform as any Insured said it would. G. Termination of Plan To any claim that results from the termination of any employee benefit plan. H. Fines, Taxes, or Penalties To liability for fines, taxes or penalties imposed by law or other matters which may be uninsurable under law. Other Terms • All other terms of the policy remain the same. Name of Insured Policy Number: Effective Date: Processing Date: Endorsement#2 40502 Ed. 1-80 Customized Form © St.Paul Fire and Marine Insurance Co. 1980 Page 3 of 3 TheStpaUI NON-WAIVER OF GOVERNMENTAL IMMUNITY ENDORSEMENT It is hereby understood and agreed that nothing in this policy nor in any Participating Member County's coverage under this policy waives, or is intended to waive, any immunity granted to any Insured or to increase the maximum amount that may be recovered under the Colorado Governmental Immunity Act pursuant to Colo. Revs. Stat. Section 24-10-101 et. seq., including 24-10-114. Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP091000426 Effective Date 01-01-2001 COLORADO CO. CASUALTY&PROPERTY POOL Endorsement#3 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 Page 1 of 1 1heS fl uJ OTHER INSURANCE REDEFINED ENDORSEMENT The Other Insurance Clause is deleted and replaced by the following: 7. Other Insurance This insurance is excess insurance that applies over self-insured retentions. If there is any other insurance for Automobile Liability, including Hired and Non- Owned Autos, Personal Injury, Property Damage, Automobile Medical Payments, Premises Medical Payments, or Public Official's Errors and Omissions Liability covered by this insurance, this insurance is excess of that other insurance. "Other insurance" means valid and collectible insurance, or the funding of losses, other than insurance bought specifically to apply in excess of this insurance, that's available through: • another insurance company; • a risk retention group; • a self-insurance method or program, other than any funded by CAPP and over which this agreement applies; • any similar risk transfer method. Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP091000426 Effective Date 01-01-2001 COLORADO CO. CASUALTY& PROPERTY POOL Endorsement#4 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 Page 1 of 1 TheSMIUI RETROACTIVE DATE ENDORSEMENT The retroactive date shown on the Declarations page does not apply to the following Participating Member Counties. Instead, the retroactive dates shown below apply to the respective Participating Member Counties listed. Cheyenne County February 16, 1987 Delta County July 1, 1988 Fremont County July 1, 1987 Grand County July 1, 1987 Lake County April 1, 1987 Montrose County July 1, 1987 Weld County January 15, 1986 The retroactive date shown on the Declarations page does apply to the following County, except as respects Personal Injury, Property Damage that result from Law Enforcement Operations. Instead, the retroactive date shown below applies to coverage for these operations of the County listed. Custer County July 1, 1997 Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP09100426 Effective Date 01/01/01 COLORADO CO. CASUALTY&PROPERTY POOL Processing Date Endorsement#5 40502 Ed. 1-80 Customized Form © St. Paul Fire and Marine Insurance Co. 1980 Page 1 of 1 TheSPdUI COLORADO NO-FAULT (PERSONAL INJURY PROTECTION) ENDORSEMENT This policy is amended to provide Personal Injury Protection Coverage in accordance with Colorado No Fault laws. Coverage is provided for the following types of expenses that result when an Insured under this policy suffers Bodily Injury caused by an accident involving an Automobile: Benefit Limit Per Person Medical Expenses Up to $50,000 Rehabilitation Expenses Up to $50,000 Death Compensation $1,000 Essential Services Up to $25 per day for 52 weeks for the cost of substituting essential services. Loss of Income Up to $400 per week, but not more than 100% of the first $125 per week of gross income lost; 70% of the next $125 per week; and 60% of any loss of gross income in excess of$250. Benefits are payable for up to 52 weeks starting the day after the accident. Self-Insured Retention The Self-Insured Retention of $250,000 applies to coverage provided under this endorsement. The Named Insureds are responsible for the medical expenses, rehabilitation expenses, death compensation, essential services, and loss of income, caused by any single accident, up to the Self-Insured Retention, no matter how many covered automobiles or Insureds are involved or how many claims are made, or vehicles are involved in an accident. "Automobile" means any motor vehicle, including trailers, of a type required to be registered and licensed for operation on the public highways of Colorado. Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP091000426 Effective Date 01-01-2001 COLORADO CO. CASUALTY & PROPERTY POOL Endorsement#6 40502 Ed. 1-80 Customized Form ©St. Paul Fire and Marine Insurance Co. 1980 Page 1 of 1 TheS'tPaUl POLLUTION EXCLUSION REDEFINED ENDORSEMENT Exclusion G- Pollution Liability is deleted and replaced by the following: (G) Pollution Liability (1) To any claim or suit, or any obligation to defend any claims or suits, for Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions arising out of the discharge, dispersal, release or escape of Pollutants, anywhere in the world; However, this part of the exclusion doesn't apply to Automobile Liability that results from pollution caused by fuels, lubricants, fluids, exhaust gases or similar Pollutants that: (a) are needed for or result from the normal electrical, hydraulic or mechanical functioning of a covered auto, other than the operation of specialized equipment; and (b) escape, seep or migrate, or are discharged, dispersed or released, directly from a part of the covered auto designed by its manufacturer to hold, store, receive or dispose of such Pollutants. Nor does this part of the exclusion apply to Automobile Liability that results from pollution from property of others which: (a) isn't in your care, custody or control; (b) isn't being transported or towed by or for you; and (c) is damaged by an accident due to the ownership, maintenance or use of a covered auto. Nor does this part of the exclusion apply to General Liability that results from the application or use of: (a) chlorine or sodium hypochlorite in any Insured's sewage treatment, swimming pool maintenance, or water purification operations; or (b) any pesticide or herbicide by or for any Insured; if such application or use meets all legal or license requirements of any governmental agency or authority which apply to it. Name of Insured Policy Number GP091000426 Effective Date 01-01-2001 COLORADO CO. CASUALTY& PROPERTY POOL Endorsement#7 40502 Ed. 1-80 Customized Form ©St. Paul Fire and Marine Insurance Co. 1980 Page 1 of 2 TheStPdUl Nor does this part of the exclusion apply to General Liability that results from the back-up of sewage into a building from any sewage facility or sanitary sewer that is owned, operated or maintained by any Insured. However, we won't cover any claim or suit to the extent that they result from any corrosive or radioactive material or waste in the sewage. (2) To any loss, cost or expense arising out of any governmental direction or request that the Insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants; (3) To any loss, cost, or expense incurred by a governmental unit or other third party, including but not limited to cost of investigation and monitoring and attorney's fees relating to activities in connection with efforts to test for, monitor, clean up, remove, contain, trace, detoxify or neutralize Pollutants. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste material. Waste material includes materials which are intended to be or have been recycled, reconditioned or reclaimed. Heat, smoke or fumes are not considered Pollutants when they result from a hostile fire at, on, in, or from a Named Insured's premises. Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP091000426 Effective Date 01-01-2001 COLORADO CO. CASUALTY & PROPERTY POOL Endorsement#7 40502 Ed. 1-80 Customized Form ©St. Paul Fire and Marine Insurance Co. 1980 Page 2 of 2 TheWWI WAIVER OF SUBROGATION ENDORSEMENT It is hereby understood and agreed that the following is added to section 8. Subrogation under the Conditions of this policy. The company shall waive its right to subrogate against a third party for any payment made under this policy, but only if: • the member county agreed to waive its rights to subrogation under a contract or agreement; • the waiver was prior to the occurrence of the loss; and • subrogation is not pursued by the First Named Insured (CAPP). Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP091000426 Effective Date 01-01-2001 COLORADO CO. CASUALTY&PROPERTY POOL Endorsement#_8 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 Page 1 of 1 The$rTU� AUTO MEDICAL PAYMENTS AND PREMISES MEDICAL PAYMENTS DEFINITION ENDORSEMENT It is hereby understood and agreed that the following replace the "Automobile Medical Payment" and "Premises Medical Payments"paragraphs in the DEFINITIONS section: "Automobile Medical Payments" means reasonable expenses, in excess of any other insurance, for necessary medical and funeral services incurred and reported within three years from the date of an accident to or for any Insured, or anyone else who sustains Bodily Injury caused by an accident involving a covered auto. "Other insurance" means valid and collectible insurance, or the funding of losses, available through: 1. another insurance company; 2. a risk retention group; 3. a self-insurance method or program, other than any funded by CAPP; 4. any similar risk transfer method. "Premises Medical Payments" means medical expenses, in excess of any other insurance, incurred because of Bodily Injury to someone other than an Insured under this policy caused by an accident on an Insured's premises or as part of an Insured's operations regardless of fault, that are incurred and reported within one year of the date of the accident. These include expenses for: 1. first aid at the time of the accident, 2. necessary medical surgical, x-ray and dental services, including prosthetic devices; and 3. necessary ambulance, hospital, professional nursing, and funeral services. "Other insurance" means valid and collectible insurance, or the funding of losses, available through: 1. another insurance company; 2. a risk retention group; 3. a self-insurance method or program, other than any funded by CAPP; 4. any similar risk transfer method. All other terms of the policy remain the same. Name of Insured Policy Number GP091000426 Effective Date 01-01-2001 COLORADO CO. CASUALTY&PROPERTY POOL Endorsement#9 40502 Ed. 1-80 Customized Form © St.Paul Fire and Marine Insurance Co. 1980 Page 1 of 1 FORM MCS-90 OMB NO. 2125-0074 (Ed 1-96) ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 • Issued to Colorado Counties Casualty & Property Pool of 1700 Broadway, Ste. 1512, Denver Co 80290 Dated at Arlington, TX this 1 day of Jan. 2001 , Amending Policy No. GP09 100426 Effective Date 01/01/01 Countersigned by: Authorized Company Representative Name of Insurance Company St. Paul Fire & Marine Insurance Company The policy to which this endorsement is attached provides primary or excess insurance, as indicated by " X", for the limits shown: nThis insurance is primary and the company shall not be liable for amounts in excess of S for each acci- dent ®This insurance is excess and the company shall not be liable for amounts in excess of $ 1,750,000. for each acci- dent in excess of the underlying limit of $ 250,000. for each accident Whenever required by the Federal Highway Administration (FHWA or the Interstate Commerce Commission(ICC), the company agrees to furnish the FHWA or the ICC a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FHWA or the ICC, to verify that the policy is in force as of a particular date. The telephone number to call us is: • Cancellation of this endorsement may be effected by the company or the insured by giving (1) thirty-five (35)days notice in writing to the other party(said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be suffi- cient proof of notice), and (2) if the insured is subject to the ICC's jurisdiction, by providing thirty (30) days notice to the ICC (said 30 days notice to commence from the date the notice is received by the ICC at its office in Washington, D.C.). DEFINITIONS AS USED IN THIS ENDORSEMENT ACCIDENT includes continuous or repeated exposure to conditions which results in bodily injury, property damage, or envi— ronmental damage which the insured neither expected nor intended. MOTOR VEHICLE means a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway for transporting property, or any combination thereof. BODILY INJURY means injury to the body, sickness, or disease to any person, including death resulting from any of these. ENVIRONMENTAL RESTORATION means restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. PROPERTY DAMAGE means damage to or loss of use of tangible property. PUBLIC LIABILITY means liability for bodily injury, property damage, and environmental restoration. The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Highway Administration(FHWA) and the Interstate Commerce Commission(ICC). In consideration of the premium stated in the policy to which this endorsement is attached, the insurer(the company)agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere. Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured's employees while engaged in the course of their employment, or property transported by the insured, designated as cargo. 1 FORM MCS-90 OMB Na 2125-0074 (Ed 1-96) It is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured. However, all terms, conditions and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agree- ment contained in this endorsement It is further understood and agreed that, upon failure of the company to pay any final judgment recovered against the insured as provided herein, the judgment creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment The limits of the company's liability for the amounts prescribed in this endorsement apply separately, to each accident, and any payment under the policy because of any one accident shall not opterate to reduce the liability of the company for the payment of final judgments resulting from any other accident The Motor Carrier Act of 1980 requires limits of financial responsibility according to the type of carriage and commodity transported by the motor carrier. It is the MOTOR CARRIERS obligation to obtain the required limits of financial responsibility. THE SCHEDULE OF LIMITS SHOWN BELOW DOES NOT PROVIDE COVERAGE. The limits shown in the schedule are for information purposes only. SCHEDULE OF LIMITS Public Liability Type of Carriage 1 Commodity Transported Minimum Insurance (1) For-hire Property(Non-hazardous). 5750,000 (In interstate or foreign commerce). (2) For-hire and Private Hazardous substances as defined in 49 CFR 171.8, $ 5,000,000 (in interstate, transported in cargo tanks, portable tanks, or hopper type foreign, or intrastate commerce). vehicles with capacities in excess of 3.500 water gallons; or in bulk Divisions 1.1, 1.2 and 1.3 materials, Division 2.3, Hazard Zone A, or Division 6.1, Packing Group 1, Hazard Zone A material; in bulk Division 2.1 or 2.2; or Highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403. (3) For-hire and Private (in interstate or Oil listed in 49 CFR 172.101; hazardous waste, hazardous $ 1,000,000 foreign commerce: materials and hazardous substances defined in 49 CFR in any quantity) 171.8 and listed in 49 CFR 172.101, but not mentioned or (in intrastate in (2)above or(4) below. commerce: in bulk only). (4) For-hire and Private (In interstate or Any quantity of Division 1.1, 1.2 or 1.3 material, any quantity $ 5,000,000 foreign commerce). of Division 2.3. Hazard Zone A, or Division 6.1, Packing Group 1, Hazard Zone A material; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403. 1 Note - The type of carriage listed under numbers (1), (2), and (3)apply to vehicles with a gross vehicle weight rating of 10,000 pounds or more. The type of carriage listed under number (4) applies to all vehicles with a gross vehicle weight rating of less than 10.000 pounds. 2 The$rRIUI UNINSURED OR UNDERINSURED MOTORISTS REJECTION The Named Insureds have agreed to reject any and all Uninsured Motorists Coverage (including underinsured motorists coverage). Dated: March 1, 2001 By: Colorado Counties Casualty and Property Pool and Participating Member Counf es: v _ Authorized Representative Executive Director Title Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP09100426 Effective Date 01/01/2001 COLORADO CO. CASUALTY&PROPERTY POOL Processing Date 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 Page 1 of I CAPP 2001 Excess Property Policy INTRODUCTION Th°SHIal This policy protects against a variety of losses. There are also some restrictions. We've Policy Number: GP09100425 written this policy in plain, easy-to-understand English. We encourage you to read it carefully UPPER MIDWEST to determine what is and what is not covered, HAMM BUILDING as well as the rights and duties of those 408 ST. PETER ST, SUITE 300 protected. ST. PAUL MN 55102-1118 In return for your premium, we'll provide the Your policy is composed of General Rules, an protection stated in this policy. explanation of What To Do If You Have A Loss, one or more Coverage Summaries, and one or We, us, our and ours mean St Paul Fire and Marine more Insuring Agreements explaining your Insurance Company. We're a capital stock coverage. It may also include one or more company located in St. Paul, Minnesota. endorsements. Endorsements are documents that change your policy. The Policy Forms List The words you, your and yours mean the shows all the forms included when this policy insured named here, which is a begins. COUNTY POOL COLORADO CO. CASUALTY & PROPERTY POOL One of our authorized representatives will also 1700 BROADWAY SUITE 1512 countersign the policy. DENVER CO 80290 This policy will begin on 01/01/01 and will continue until 01/01/02 Your former policy number is automatically replaced: RENEWAL Your premium for the policy period shown is: $331,866.00 However, please refer to the Premiums section of the General Rules to see how final premiums are determined. Our authorized representative is: 0549614 MARSH USA INC 1225 17TH ST PLAZA STE 2100 sident DENVER CO 80202-5534 AvidAe-ILLoo-ka" Authorized Representative Date samoq�4 Processing Date 01/23/01 13:35 001 40800 Ed.5-87 Printed in U.S.A. Introduction ®St.Paul Fire and Marine Insurance Co.1984 All Rights Reserved Page 1 POLICY FORM LIST meS'muI Here's a list of all forms included in your policy, on the date shown below. These forms are listed in the same order as they appear in your policy. Form Ed. Title Nbr Date Introduction - St. Paul Fire And Marine Insurance Company 40800 05-87 Policy Form List 40705 05-84 Named Insured Endorsement 40502 01-80 Coverage Summary 40502 01-80 Insuring Agreement 40502 01-80 Year 2000 or Other Computer-Related Or Electronic 40502 01-80 Date Or Year Problems Excl. Endt. Earlier Notice of Cancellation by Us Endorsement 40502 01-80 Transit Extension Insuring Clause 40502 01-80 Extra Expense - 40/80/100% of Limit 40502 01-80 Pollution Exclusion Endorsement 40502 01-80 Extension of Coverage Endorsement Pollution Cleanup and Removal 40502 01-80 Property Protection Change of Limits Endorsement - Pollution Cleanup 40502 01-80 Other Terms and Conditions 40502 01-80 Crime Protection Coverage Summary 45015 11-96 Crime Protection Self-Insured Retention Endorsement 40502 01-80 Blanket Employee Dishonesty Protection 45010 05-87 Money and Securities Protection 45012 07-96 Forgery or Alteration Protection 45016 05-87 Robbery and Safe Burglary Protection 45013 07-96 NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1OF1 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 Form 40705 05-84 mestibul NAMED INSURED ENDORSEMENT 23.Jackson It is agreed that the Participating Member 24.Kiowa Counties named hereunder are included 25.Kit Carson as Named Insureds: 26.Lake 27.La Plata 1. Alamosa 28.Las Animas 2. Archuleta 29.Lincoln 3. Baca 30.Logan 4. Bent 31.Mineral 5. Chaffee 32.Montrose 6. Cheyenne 33.Morgan 7. Clear Creek 34.Otero 8. Conejos 35.Ouray 9. Costilla 36.Park 10.Crowley 37.Phillips 11.Custer 38.Pueblo 12.Delta 39.Rio Blanco 13.Dolores 40.Rio Grande 14.Eagle 41.Routt 15.Elbert 42. Saguache 16.Fremont 43. San Juan 17.Garfield 44. Sedgwick 18.Gilpin 45.Summit 19.Grand 46.Teller 20.Gunnison 47.Washington 21.Hinsdale 48.Weld 22.Huerfano 49.Yuma Other Terms All other terms of the policy remain the same. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF1 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 TheRpau! COVERAGE SUMMARY 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. 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. DATE: AGENT NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 1 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 meStPdul INSURING AGREEMENT I. 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, organization, 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. $5,000,000. 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. F. $ 50,000. personal property of others. 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 County Technical Services, Inc. Claims Management Department. This Service Organization shall perform the following duties: A. Discharge the Insured's obligation 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 9 POLICY NO: OP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 The acceptance of these services shall be a condition precedent to any liability which may attach to the Underwriters in accordance with the terms and conditions of this Insurance. SECTION I - PROPERTY INSURANCE SECTION I - INSURING AGREEMENTS AGREEMENT A - BUILDING AND CONTENTS: Underwriters agree, subject to the limitations, 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: • NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 2 OF 9 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 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 1 - EXCLUSIONS WITH REGARD TO ALL PROPERTY, THIS INSURANCE DOES 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 3 OF 9 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 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. 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, securities, bridges, culverts, roadways, streets, walks, or paved surfaces, dams, docks, piers and wharves. 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 property on another site, cost of such site is not included hereunder. It is a requirement that if the Insured does not repair, replace or rebuild the property within two years from the date of loss, this property shall be valued at ACV. B. (Automobile) - the actual cash value of the automobile at the time of loss. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 4 OF 9 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 2. DEBRIS REMOVAL: This Insurance covers the expense of removal from the premises containing the property insured hereunder of debris remaining after any loss hereby insured against, except that there shall be no liability assumed for the expense of removal of any foundations. 3. REMOVAL CLAUSE: This Insurance covers the expense and damage occasioned by removal from the premises endangered by the perils insured against wherever such property is located or removed for preservation. 4. ARCHITECTS FEES: This Insurance covers the additional assessment involving architects' fees for consultations arising from losses resulting from an insured peril. Fees are limited to seven (7%) percent of replacement cost. 5. APPRAISAL: In the event the 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 calculated 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 point 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 5 OF 9 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 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 Policy may be canceled by the Insured by mailing to the Company written notice stating when thereafter such cancellation shall be effective. This Policy may be canceled by the Company by mailing to the Insured at the address shown in this Policy or last known address written notice stating when no fewer than ninety days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice, and the effective date of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Insured or by the Company shall be equivalent to mailing. If 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 6 OF 9 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 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. 7. CURRENCY: The premium and losses under this Insurance are payable in United States currency. Payment of premium shall be made to Marsh Inc. 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. 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 County Technical Services, Inc. Claims Management Department 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 payment 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 County Technical Services, Inc. Claims Management Department and acceptance by Underwriters of satisfactory proof of interest and loss. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 7 OF 9 POLICY NO: GPo910o425 EFFECTIVE DATE: 01/01/2001 FORM 40502 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. 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: NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 8 OF 9 POLICY NO: GPo91oo425 EFFECTIVE DATE: 01/01/2001 FORM 40502 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 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 LIMITS AND PREMIUM DATED: ST. PAUL FIRE & MARINE INSURANCE CO. BY Authorized Representative NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 9 OF 9 POLICY NO: GPo9100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 mestpaul YEAR 2000 OR OTHER COMPUTER-RELATED OR ELECTRONIC DATE OR YEAR PROBLEMS EXCLUSION ENDORSEMENT This endorsement changes your Insuring Agreement. How Coverage Is Changed The following is added to Section 1- Exclusions. If direct physical loss or damage from any of the following results, the Company will pay WITH REGARD TO ALL PROPERTY, THIS for that resulting loss or damage: INSURANCE DOES NOT INSURE AGAINST: (a) fire; (b) explosion; Loss or damage caused directly or indirectly lc) smoke; by the following. Such loss or damage is Id) aircraft or vehicles; excluded regardless of any other cause or (e) riot or civil commotion; vandalism; event that contributes concurrently or in any (f) leakage from fire extinguishing sequence to the loss. equipment; (1) The failure, malfunction, or inadequacy of (g) Sinkhole Collapse; any Computer Component, Equipment, (h) falling objects; Program or System due to the inability to (i) weight of snow, ice, or sleet; correctly recognize, process, distinguish, (j) Water Damage; interpret or accept one or more dates or (k) freezing; times; or (I) theft; (2) The failure, malfunction, or inadequacy of (m) burglary damage; or • any other products, or any services, data (n) elevator collision. or functions that directly or indirectly use or rely on such Computer Component, SINKHOLE COLLAPSE means the sudden Equipment, Program or System due to sinking or collapse of land into underground the inability to correctly recognize, empty spaces created by the action of water process, distinguish, interpret or accept on limestone or dolomite. This peril does not one or more dates or times; or include: (3) Any advice, consultation, design, (a) the cost of filling sinkholes; or evaluation, inspection, installation, (b) sinking or collapse of land into man-made maintenance, repair, replacement or underground cavities. supervision done or provided by or for you to determine, rectify, or test for the Falling objects does not include loss or inability to correctly recognize, process, damage to: distinguish, interpret or accept one or (a) personal property in the open; or more dates or times. lb) the interior of a building or structure, or property inside a building or structure, For example, the inability of computer unless the roof or an outside wall of the software to recognize the year 2000 and building or structure is first damaged by a beyond. falling object. Also, the Company will not pay for repair, WATER DAMAGE means accidental discharge replacement or modification of any Computer or leakage of water or steam as the direct Component, Equipment, Program or System to result of the breaking apart or cracking of any correct any of its deficiencies or change any part of a system or appliance (other than a of its features. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 2 POLICY NO: OP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 The Paul sump system including its related equipment (d) computer operating system and related and parts) containing water or steam. software; (e) microprocessor or computer chip that COMPUTER COMPONENT, EQUIPMENT, isn't part of a computer system, including PROGRAM, OR SYSTEM MEANS any: any embedded chip; or (a) computer application software; (f) other computerized or electronic (b) computer hardware, including any component or equipment. microprocessor or computer chip that is part of a computer system; Other Terms Ic) computer network; All other terms of the policy remain the same. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 2OF2 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 TheStPd111 EARLIER NOTICE OF CANCELLATION BY US ENDORSEMENT This endorsement changes: -your General Rules; or -any state required endorsement that changes the Cancellation rule in your General Rules. How Coverage Is Changed The following is added to the Cancellation rule. This change increases the number of days required by the Cancellation rule before coverage will end under this policy if we cancel the policy for any reason, other than nonpayment of premium. This change also indicates who we will notify if we cancel the policy in addition to notifying the first named insured. If we cancel this policy for any reason, other than nonpayment of premium, we'll mail or deliver a cancellation notice to the first named insured, and to the following, at least 90 days before coverage will end. Commissioner of Insurance State of Colorado Division of Insurance 1560 Broadway, Suite 850 Denver, Colorado 80202 Other Terms All other terms of your policy remain the same. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1OF1 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 40502 Ed. 1-80 Customized Form © St.Paul Fire and Marine Insurance Co. 1980 TheSIM S 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 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 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 2 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 DEDUCTIBLES) 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 while 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 2 OF 2 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 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. 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1OF2 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 2 OF 2 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 ThestpauI 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE1OF1 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 the bul 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE1OF1 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 TheStPdUj PROPERTY PROTECTION CHANGE OF LIMITS ENDORSEMENT - POLLUTION CLEANUP AND REMOVAL This endorsement changes your Extension of Coverage Endorsement - Pollution Cleanup and Removal How Coverage Is Changed The following is added to the Pollution Cleanup and Removal Endorsement. This change broadens coverage. 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. However, these limits will apply separately to each county member listed in the Named Insured Endorsement. Other Terms All other terms of your policy remain the same. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 1 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 40502 Ed. 1-80 Customized Form © St.Paul Fire and Marine Insurance Co. 1980 The �ul OTHER TERMS AND CONDITIONS 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 govern- mental 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1OF4 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 CONDITIONS MISREPRESENTATION OR FRAUD. This Policy shall be void if the Insured has concealed or misrepresented any material fact or circumstances concerning this insurance or the subject thereof or in case of any fraud, attempted fraud or false swearing by the Insured touching any matter relating to this insurance or subject thereof, before or after a loss. NOTICE OF LOSS. The Insured shall as soon as practicable report to this Company or its agent every loss or damage which may become a claim under this Policy and shall also file with the Company or its agent within ninety (90) days from date of loss a detailed sworn proof of loss. Failure by the Insured to report the said loss or damage and to file such proof of loss as hereinbefore provided shall invalidate any claim under this Policy for such loss. EXAMINATION UNDER OATH. The Insured shall submit, and so far as in within his/her or their power shall cause all other persons interested in the property and members of the household and employees to submit, to examinations under oath by any persons named by the Company, relative to any and all matters in connection with a claim and subscribe the same: and shall produce for examination all books of account, bills, invoices, and other vouchers or certified copies thereof if originals be lost, at such reasonable time and place as may be designated by the Company or its representatives, and shall permit extracts and copies thereof to be made. SETTLEMENT OF LOSS. All adjusted claims shall be paid or made good to the Insured within sixty (60) days after presentation and acceptance of satisfactory proof of interest and loss at the office of this Company. No loss shall be paid hereunder if the Insured has collected the same from others. NO BENEFIT TO BAILEE. This insurance shall in no wise inure directly or indirectly to the benefit of any carrier or other bailee. SUBROGATION. In the event of any payment under this Policy, the Company shall be subrogated to all the Insured's rights of recovery therefor against any person or organization, and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights. PAIR, SET OR PARTS. It is understood and agreed that, in the event of loss of or damage to any article or articles which are a part of a set, the measure of loss of or damage to such article or articles shall be a reasonable and fair proportion of the total value of the set, giving consideration to the importance of said article or articles; but in no event shall such loss or damage be construed to mean total loss of set. In case of loss or injury to any part of the insured property consisting, when complete for sale or use, of several parts, this Company shall only be liable for the insured value of the part lost or damaged. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 2 OF 4 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 SUE AND LABOR. In case of loss or damage, it shall be lawful and necessary for the Insured, his/her or their factors, servants and assigns, to sue, labor, and travel for, in and about the defense, safeguard and recovery of the property insured hereunder, or any part thereof without prejudice to this insurance; nor shall the acts of the Insured or this Company, in recovering, saving and preserving the property insured in case of loss or damage, be considered a waiver or an acceptance of abandonment; to the charge whereof this Company will contribute according to the rate and quantity of the sum herein insured. SUIT. No suit, action or proceeding for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless the same be commenced within twelve (12) months next after discovery by the Insured of the occurrence which gives rise to the claim. Provided, however, that if by the laws of the State within which this Policy is issued such limitation is invalid, then any such claims shall be void unless such action, suit or proceeding be commenced within the shortest limit of time permitted by the laws of such State to be fixed herein. APPRAISAL. If the Insured and the Company fail to agree as to the amount of loss, each shall, on the written demand of either, made within sixty days after receipt of proof of loss by the Company, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen days to agree upon such umpire, then, on the request of the Insured or the Company, such umpire shall be selected by a judge of a court of record in the state in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately the actual cash value at the time of loss and the amount of loss, and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The Insured and the Company shall each pay his/her or its chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The Company shall not be held to have waived any of its rights by any act relating to appraisal. CANCELLATION. This Policy may be canceled by the Insured by mailing to the Company written notice stating when thereafter such cancellation shall be effective. This Policy may be canceled by the Company by mailing to the Insured at the address shown in this Policy or last known address written notice stating when no fewer than ninety days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice, and the effective date of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Insured or by the Company shall be equivalent to mailing. If 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. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 3 OF 4 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 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. 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. Countersignature Date Countersigned At Authorized Representative • NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 4 OF 4 POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 FORM 40502 CRIME PROTECTION COVERAGE SUMMARY ' SOW This Coverage Summary shows the limits of coverage that apply to your Crime Protection. Limits Of Coverage Robbery And Safe Burglary Protection Coverage applies only when a limit of Robbery inside your coverage is shown. building limit $150,000. Blanket Employee Dishonesty Protection Safe burglary limit $150,000. Limit of coverage $150,000. Loss outside your Deductible $N/A building limit $150,000. Blanket Public Employee Dishonesty Protection Deductible $N/A Limit of coverage $ Extortion Protection Deductible $ Limit of coverage $ Money And Securities Protection Your participation percentage Loss inside your Deductible $ building limit $150,000. Computer Fraud Protection: Loss outside your Limit of coverage $ building limit $150,000. Deductible $ Deductible $N/A Premises Burglary Protection Forgery Or Alteration Protection Limit of coverage $ Limit of coverage $150,000. Deductible $ Deductible $N/A Premises Theft And Outside Robbery Safe Deposit Box Liability Protection Theft inside your Safe deposit box building limit $ liability limit $ Robbery outside your Safe depository building limit $ liability limit $ Deductible $ Guests Property Liability Protection Money Orders And Counterfeit Currency Protection Each event limit $ Limit of coverage $ Each guest limit $ Deductible $ Named Endorsement Table Important Note: Only endorsements that must have certain information shown for them to apply are named in this table. The required information follows the name of each such endorsement. Other endorsements may apply. If so, they're listed on the Introduction. Crime Protection Self-Insured Retention Endorsement: Blanket Employee Dishonesty Protection Retention --- $150,000. Robbery & Safe Burglary Protection Retention --- $150,000. Forgery & Alteration Protection Retention --- $150,000. Money and Securities Protection Retention --- $150,000. Name of Insured Policy Number GP09100425 Effective Date 01/01/01 COLORADO CO. CASUALTY & PROPERTY POOL Processing Date 01/23/01 13:35 001 45015 Rev. 11-96 Printed in U.S.A. Coverage Summary ®St.Paul Fire and Marine Insurance Co.1996 All Rights Reserved Page 1 of 2 TheStPdul CRIME PROTECTION SELF-INSURED RETENTION ENDORSEMENT This endorsement changes the following protection agreements and endorsements: Blanket Employee Dishonesty Protection Important note: This endorsement Robbery And Safe Burglary Protection adds a self-insured retention that is Forgery Or Alteration Protection included in the limits of coverage. Money And Securities Protection How Coverage Is Changed There are two changes which are explained below. 1. The following replaces the Deductible section in each of the agreements shown above. This change limits coverage. Self-Insured Retention The self-insured retentions shown below and the information contained in this section fix the amount of loss or loss adjustment expenses for which you'll be responsible. Blanket Employee Dishonesty Self-Insured Retention: S 150,000. Robbery And Safe Burglary Self-Insured Retention: S 150,000 Forgery or Alteration Self-Insured Retention: S 150,000. Money And Securities Self-Insured Retention: S 150,000. You'll be responsible for these amounts for the combined total of all losses or loss adjustment expenses that results from any one covered event. Loss adjustment expenses means the reasonable fees, costs and expenses that: .are incurred by you; and .result directly from the adjustment of a covered loss. Loss adjustment expenses includes reasonable and necessary expenses incurred to reduce the loss or protect covered property from further damage. NAME OF Colorado Co. Casualty & Property Pool PAGE 1 OF 2 INSURED: POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 • But we won't consider any of the following to be loss adjustment expenses: •Fees, costs, or expenses for appraisals. •Expenses and salaries or wages of you or any of your employees or staff, including any attorneys employed or hired by you. •Fees and expenses of independent adjusters hired by you. •Expenses for claim handling services provided by others under a written contract or agreement with you. •Fees, costs, or expenses incurred by you as the result of appeals, arbitration or alternative dispute resolution proceedings. 2. The following is added to the Limits of Coverage section in each of the agreements shown above. This change limits coverage. The limits of coverage include amounts for loss and loss adjustment expense paid under the self-insured retention. Other Terms All other terms of your policy remain the same. NAME OF Colorado Co. Casualty & Property Pool PAGE 2 OF 2 INSURED: POLICY NO: GP09100425 EFFECTIVE DATE: 01/01/2001 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 BLANKET EMPLOYEE DISHONESTY PROTECTION TM•StMI We've designed this agreement to protect you and your business against losses resulting directly from employee dishonesty. Of course there are some limitations which are explained later in this agreement. Table of Contents Page Financial benefit doesn't include salaries, commissions, fees, bonuses, promotions, What This Agreement Covers 1 awards, profit sharing, pensions or other When This Agreement Covers 2 employee benefits earned in the normal course Where This Agreement Covers 2 of employment. Limit Of Coverage 2 Deductible 2 Employee means any individual: Exclusions -Losses We Won't Cover 2 •in your service and for 30 days after termi- How We'll Figure Your Loss 3 nation of service; Other Rules 3 •whom you compensate directly by salary, Other Insurance 4 wages or commissions; and •whom you have the right to direct and control while performing services for you; or What This Agreement Covers •employed by an employment contractor while that person is subject to your direction and We'll pay for loss of or damage to, money, control and performing services for you. But securities and other property that results this won't include any such person while having directly from employee dishonesty. care and custody of property outside the prem- ises. Money means: •currency, coins and bank notes in current use We won't consider any of the following to be an and having a face value; and employee: •travelers checks, registered checks and money •Agent, broker, factor, commission merchant, orders held for sale to the public. consignee, independent contractor or represen- tative of the same general character; or Securities mean negotiable and non-negotia- •Director or trustee, except while performing ble instruments or contracts representing either acts coming within the scope of the usual duties money or other property and includes: of an employee. •Tokens, tickets, revenue and other stamps in current use, whether represented by actual Ownership of property. The property covered stamps or unused value in a meter; and under this agreement is limited to: •Evidences of debt issued in connection with •property that you own or hold; or credit or charge cards not issued by you. •property for which you're legally liable. Securities don't include money. However, this insurance is for your benefit only. It provides no rights or benefits to any Other property means any tangible property other person or organization. of value other than money and securities. Consolidation — merger. Your coverage under this Employee dishonesty means only dishonest agreement will apply to any new employees acts committed by an employee whether identi- you add through consolidation or merger with fied or not while acting alone or with other another organization. You must however, persons, with the intent to: notify us in writing within 30 days after the date •Cause you a loss; and you add the employees and you must pay an •Obtain personal financial benefit; or additional premium. •Obtain financial benefit for any person or organization intended by the employee to receive that benefit. 45010 Ed.5-87 Printed in U.S.A. Insuring Agreement 93B Page 1 of 4 ©St.Paul Fire and Marine Insurance Co.1987 Crime Coverage TMeStmuI When This Agreement Covers regardless of how many protected persons are effected by the loss. We'll apply this agreement to covered losses that happen while this agreement is in effect. Protected persons are people and organiza- And you have up to one year after this agree- tions protected under this agreement. ment ends to discover the loss. The limit of coverage can't be accumulated Loss under prior insurance. You may have been from year to year, no matter how long this insured by a previous bond that covered the agreement is in effect or how many premiums same losses this agreement covers and that you pay. ended at the time this agreement became effec- tive. If you were, but can't recover on a loss that was caused while the previous bond was in Deductible force because its discovery period has run out, we'll cover your loss. But the loss must be the The deductible is shown in the Coverage kind that would be covered by this agreement Summary. You'll be responsible, up to the had it been in effect at the time the acts that deductible, for covered loss in any one event. caused the loss occurred. We'll then pay covered claims over the deduct- ible, up to the limit of coverage. We won't pay more than the limit of coverage under the previous bond or under this agree- If an event causes a covered loss and the ment when it became effective, whichever is amount of loss isn't more than the deductible less. And the amount we pay will be a part of amount, you must: the limit of coverage under this agreement -not •tell us what happened as soon as possible; and in addition to it. *upon our request, give us a statement describ- ing the loss. We may have insured you under other bonds whose discover period had not run out when you discovered a loss that occurred partly Exclusions — Losses We Won't Cover under those bonds and partly under this agree- ment. If this is the case, we'll pay up to the Acts committed by you or your partners. We won't limit of coverage under this agreement or under cover loss that results from any dishonest or the previous bonds we issued, whichever cover- criminal act committed by you or any of your age is greater. partners. Governmental action. We won't cover loss that Where This Agreement Covers results from the seizure or destruction of prop- erty by order of governmental authority. This agreement covers events that happen in the United States of America, U.S. Virgin Indirect IOU. We won't cover loss that is an Islands, Puerto Rico, Canal Zone or Canada. indirect result of any act or event covered by However, we'll cover loss caused by an this agreement, including, but not limited to employee while temporarily outside these terri- loss resulting from: tories for a period of not more than 90 days. *Your inability to realize income that you would have realized if there had been no loss of or Event means an act or series of related acts damage to covered property; involving one or more employees. *Payment of damages of any type for which you are legally liable. But this exclusion won't apply to compensatory damages arising Limit Of Coverage directly from a loss covered under this agree- ment; or The limit of coverage shown in the Coverage *Payment of costs, fees or other expenses you Summary is the most we'll pay for loss in any incur in establishing either the existence or the one event. This limit of coverage applies amount of loss under this agreement. Page 2 of 4 ®St.Paul Fire and Marine Insurance Co.1987 TheStRiul Legal expenses. We won't cover expenses Securities. Securities loss will be determined related to any legal action. by their value at the close of business on the day the loss was discovered. We may, at our Nuclear. We won't cover loss that results from option: nuclear reaction, nuclear radiation or radioac- •Pay the value of such securities or replace tive contamination, or any related act or inci- them in kind, in which event you must assign to dent. us all your rights, title and interest in and to those securities; or War and similar action. We won't cover loss that •Pay the cost of any lost securities bond results from war, whether or not declared, required in connection with issuing duplicates warlike action, insurrection, rebellion or revo- of the securities. But we'll only pay the cost of lution, or any related act or incident. a bond with an amount of coverage that doesn't exceed the value of the securities at the close Employee canceled under prior insurance. We won't of business on the day the loss was discovered; cover loss caused by any employee for whom or the limit of coverage under this agreement, similar prior insurance has been canceled and whichever is less. not reinstated since the last such cancellation. Other property. For loss of or damage to other Inventory shortages. We won't cover loss or that property, we'll figure you loss to be either: part of any loss for which proof of existence or •the cost of repairing the property; amount is dependent on: •the cost of replacing the property with that of *an inventory computation; or a similar kind and quality; or •a profit and loss computation. •the actual cash value of the property on the day the loss was discovered. For example: We can choose either to repair or replace the You suspect an employee of stealing your property or to pay its actual cash value. In merchandise but do not have proof. After case of disagreement between us on the actual completing an inventory of your store you cash value or the cost of repair or replacement, discover an inventory shortage of $10,000. the matter will be decided by arbitration. However, inventory shortages can happen for reasons other than employee's theft such Any property that we pay for or replace as shoplifting, mismarking, or poor record— becomes our property. keeping. Because of this we won't cover the loss when the proof of loss is based on inventory or profit and loss computation. Other Rules However, if the employee admitted to Records. You must keep records of all covered stealing $5000 dollars worth of merchan— property so we can verify the amount of any dise, we'll pay that amount less the deduc— loss. tible. Employee cancellation. The following is added to the Cancellation section of the General Rules How We'll Figure Your Loss but only for this agreement. We may choose to pay for loss in the money of Coverage ends on any employee as soon as you the country in which the loss occurred: or any partner or officer in your business learns •At face value in the money issued by that that the employee has committed a dishonest country; or act. This doesn't apply if the partner or officer •In the United States dollar equivalent deter- who learns of the dishonesty is working with mined by the rate of exchange on the day the the employee in committing the dishonest act. loss was discovered. We can also end coverage on any employee for Money. Money losses will be determined by its any other reason by mailing or delivering notice face value. 45010 Ed.5-87 Printed in U.S.A. Insuring Agreement 93B Page 3 of 4 ®St.Paul Fire and Marine Insurance Co.1987 Crime Coverage '"St19uI to you at least 30 days before coverage will •then to us, until we are reimbursed for the end. The mailing of notice to you at the last settlement made; known address will be considered proof of •then to you, until you are reimbursed for that notice. part of the loss equal to the deductible amount if any. Recovering damages. The following paragraphs But, this doesn't include recovery: replace the Recovering Damages From A Third •from insurance, suretyship, reinsurance, secu- Party section of the General Rules, but only for rity or indemnity taken for our benefit; or this agreement. •of original securities after duplicates of them have been issued. You may be able to recover all or part of your loss from someone other than us. Because of this, you must do all you can to preserve any Other Insurance rights of recovery you may have. If we make a payment for your loss under this agreement, You may have other insurance or another source your right of recovery will belong to us. of reimbursement that covers your loss. If you do, we'll pay the amount of your loss that's left Any recoveries, less the cost of obtaining after your other insurance or other source has them, made after settlement of loss covered by been used up, less the deductible. We won't this agreement will be distributed: however, pay more than the limit of coverage •to you until you are reimbursed for any loss under this agreement. you sustain that exceeds the limit of coverage and the deductible amount, if any; Page 4 of 4 ©St.Paul Fire and Marine Insurance Co.1987 MONEY AND SECURITIES PROTECTION TM• �of We've designed this agreement to protect against direct losses to your money and securities. Of course there are some limitations which are explained later in this agreement. Table of Contents Page Securities don't include money. What This Agreement Covers 1 Your building means that portion of any Loss Inside Your Building 1 building you occupy in conducting your Loss Outside Your Building 1 business. When This Agreement Covers 2 Bank means the interior of that portion of any building occupied by a banking Limits Of Coverage 2 institution or similar safe depository. Deductible 3 Covered causes of loss are: • theft; Exclusions — Losses We Won't Cover 3 • disappearance; and How We'll Figure Your Loss 4 • destruction. Other Rules 4 Theft means any act of stealing. Money and securities containers. We'll pay for loss of and damage to a locked safe, vault, cash register, cash box or cash drawer What This Agreement Covers inside your building that results directly from actual or attempted: • theft of; or Loss Inside Your Building • unlawful entry into; We'll pay for loss of money and securities such containers. inside your building or a bank that results directly from a covered cause of loss. Damage to your building. We'll pay for loss from damage to your building that results Money means: directly from actual or attempted theft of • currency, coins and bank notes in current money and securities. But only if you are the owner of the building or are legally use and having a face value; and responsible for damage to it. • travelers checks, registered checks and money orders held for sale to the public. Loss Outside Your Building Securities mean negotiable and non We'll pay for loss of money and securities negotiable instruments or contracts outside representing either money or other property your building: and includes: • while in the care and custody of a • Tokens, tickets, revenue and other stamps messenger; and in current use, whether represented by • results directly from a covered cause of actual stamps or unused value in a meter; loss. and • Evidences of debt issued in connection Messenger means you, any of your partners with credit or charge cards not issued by or any employee. you. 45012 Rev. 7-96 Printed in U.S.A. Insuring Agreement ©St.Paul Fire and Marine Insurance Co.1996 All Rights Reserved Page 1 of 5 hStIbul Employee means any individual: in effect. And you have up to one year • in your service and for 30 days after after this agreement ends to discover the termination of service; loss. • whom you compensate directly by salary, Loss under prior insurance. You may have had wages or commissions; and prior insurance that covered the same losses • whom you have the right to direct and this agreement covers and that ended at the control while performing services for you; time this agreement became effective. If or you did, but can't recover on a loss that • employed by an employment contractor was caused while the prior insurance was in while that person is subject to your force because its discovery period has run direction and control and performing out, we'll cover your loss. But the loss services for you. But this won't include must be the kind that would be covered by any such person while having care and this agreement had it been in effect at the custody of property outside the premises. time the acts that caused the loss occurred. We won't consider any of the following to We won't pay more than the limit of be an employee: coverage under the prior insurance or under this agreement when it became effective, • Agent, broker, factor, commission whichever is less. And the amount we pay merchant, consignee, independent will be a part of the limit of coverage under contractor or representative of the same this agreement - not in addition to it. general character; or • Director or trustee, except while We may have insured you under prior performing acts coming within the scope insurance whose discovery period had not of the usual duties of an employee. run out when you discovered a loss that occurred partly under such insurance and Transporting property by armored car. We'll partly under this agreement. If this is the pay for loss of money and securities that case, we'll pay up to the limit of coverage results directly from a covered cause of under this agreement or under the prior loss while: insurance we issued, whichever coverage is • outside your building; and greater. • in the care and custody of an armored motor vehicle company. Limits Of Coverage But we'll only pay for the amount of loss The limits of coverage shown in the that you can't recover: Coverage Summary are the most we'll pay • under your contract with the armored for loss in any one event. These limits of motor vehicle company; and coverage apply regardless of how many • from any insurance carried by or on behalf protected persons, property owners, covered of the armored motor vehicle company. items or financial interest are involved. Where we cover outside your building. This Protected persons are people and agreement covers events that happen in the organizations protected under this agreement. United States of America, U.S. Virgin Islands, Puerto Rico, Canal Zone or Canada. The limit of coverage can't be accumulated from year to year, no matter how long this Event means an act or series of related agreement is in effect or how many acts which may involve one or more premiums you pay. persons or not involve any person. Loss inside your building limit This is the most we'll pay for a covered loss that When This Agreement Covers happens inside your building. We'll apply this agreement to covered Loss outside your building limit This is the losses that happen while this agreement is most we'll pay for a covered loss that happens outside your building. Page 2 of 5 cSt.Paul Fire and Marine Insurance Co.1996 All Rights Reserved ' StPBul Deductible of property by order of governmental authority. The deductible is shown in the Coverage Indirect loss. We won't cover loss that is an Summary. You'll be responsible, up to the vered deductible, for covered loss in any one indirect ythisagreement,of any act or event not limit event. We'll then pay covered claims over to this sltingfrom: including, but limited to loss resulting from: the deductible, up to the limit of coduceraee • Your inability to realize income that that applies. If more than one deductible you applies to a loss, the highest deductible would have realized if there had been no amount will be applied. loss of, or loss from damage to covered property; • Payment of damages of any type for Exclusions — Losses We Won't Cover which you are legally liable. But this exclusion won't apply to compensatory Accounting errors. We won't cover any loss damages arising directly form a loss resulting from accounting and mathematical covered under this agreement; or errors or omissions. • Payment of costs, fees or other expenses you incur in establishing either the Coin operated machines. We won't cover any existence or the amount of loss under this loss of money in a coin-operated device agreement. inside your building unless the amount deposited is continuously recorded by an Legal expenses. We won't cover expenses instrument in the machine. related to any legal action. Dishonesty. We won't cover loss resulting Nuclear. We won't cover loss that results from any dishonest or criminal act from nuclear reaction, nuclear radiation or committed by you, any of your partners, radioactive contamination, or any related act employees, directors, trustees or authorized or incident. representatives: • acting alone or with other persons; or Transfer or surrender of property. We won't • while performing services for you or cover loss of property after it has been otherwise. transferred or surrendered to a person or place outside your building or a bank: Exchange. We won't cover loss that results • on the basis of unauthorized instructions; from giving money or securities in any or exchange or purchase. • as a result of a threat to do bodily harm to any person or damage to any property. Fire. We won't cover loss from damage to your building that's caused by fire. But this This exclusion won't apply to loss outside exclusion won't apply to loss of money and your building or bank while in the care and securities caused by fire. custody of a messenger if you: • had no knowledge of the threat at the Giving up possession of property. We won't time the property was surrendered; or cover loss when you or anyone acting on • had knowledge of the threat, but the loss your behalf is induced by a dishonest act to wasn't related to the threat. give up title or possession of covered property. For example: Vandalism. We won't cover loss from Someone impersonating a messenger tricks damage to your building or to containers of you to entrust him with your daily deposits. covered property by vandalism or malicious The deposits are never made. We won't mischief. cover this loss. War and similar action. We won't cover loss that results from war, whether or not Governmental action. We won't cover loss declared, warlike action, insurrection, that results from the seizure or destruction rebellion or revolution, or any related act or incident. 45012 Rev. 7-96 Printed in U.S.A. Insuring Agreement oSt.Paul Fire and Marine Insurance Co.1996 All Rights Reserved Page 3 of 5 1kStFJ�ul How We'll Figure Your Loss Other insurance. You may have other insurance or another source of We may choose to pay loss in reimbursement that covers your loss. If you money of the o country infor o the the loes do, we'll pay the amount of your loss that's left after your other insurance or other occurred: source has been used up, less the • At face value in the money issued by that deductible. We won't however, pay more country; or than the limit of coverage under this • In the United States dollar equivalent agreement. determined by the rate of exchange on the day the loss was discovered. Other Rules Money. Money losses will be determined by its face value. Insurance for your benefit. This insurance is for your benefit only. It provides no rights Securities. Securities loss will be determined or benefits to any other person or by their value at the close of business on organization and is limited to: the day the loss was discovered. We may, • property that you own or hold; or at our option: • property for which you are legally • Pay the value of such securities or replace responsible. them in kind, in which event you must assign to us all your rights, title and Consolidation — merger. Your coverage under interest in and to securities; or this agreement will apply to any new • Pay the cost of any lost securities bond property you add through consolidation or required in connection with issuing merger with another organization. You must duplicates of the securities. But we'll however, notify us in writing within 30 days only pay the cost of a bond with an after the date you add the property and you amount of coverage that doesn't exceed must pay an additional premium. the value of the securities at the close of business on the day the loss was Records. You must keep records of all discovered; or the limit of coverage under covered property so we can verify the this agreement, whichever is less. amount of any loss. But we won't pay more than the limit of Recovering damages. The following paragraphs coverage. replace the Recovering Damages From A Third Party section of the General Rules, but Other property. For loss of, or loss from only for this agreement. damage to other property, we'll figure your loss to be either: You may be able to recover all or part of • the cost of repairing the property; your loss from someone other than us. • the cost of replacing the Because of this, you must do all you can to p g property with preserve any rights of recovery you may that of a similar kind and quality; or have. If we make a payment for your loss • the actual cash value of the property on under this agreement, your right of recovery the day the loss was discovered. will belong to us. We can choose either to repair or replace Any recoveries, less the cost of obtaining the property or to pay its actual cash value. them, made after settlement of loss covered In case of disagreement between us on the by this agreement will be distributed: actual cash value or the cost of repair or • to you until you are reimbursed for any replacement, the matter will be decided by loss you sustain that exceeds the limit of arbitration. coverage and the deductible amount, if Any property that we pay for or replace any; • then to us, until we are reimbursed for the becomes our property. settlement made; Page 4 of 5 ®St.Paul Fire and Marine Insurance Co.t996 All Rights Reserved TMeStMUI • then to you, until you are reimbursed for • of original securities after duplicates of that part of the loss equal to the them have been issued. deductible amount if any. But, this doesn't include recovery: • from insurance, suretyship, reinsurance, security or indemnity taken for our benefit; or 45012 Rev. 7-96 Printed in U.S.A. Insuring Agreement cSt.Paul Fire and Marine Insurance Co.1996 All Rights Reserved Page 5 of 5 FORGERY OR ALTERATION PROTECTION TMeStful We've designed this agreement to protect you against direct loss if someone forges or alters one of your checks, drafts or similar promises of payment. Of course there are some limitations which are explained later in this agreement. Table of Contents Page When This Agreement Covers What This Agreement Covers 1 We'll apply this agreement to covered losses When This Agreement Covers 1 that happen while this agreement is in effect. Where We Cover 1 And you have up to one year after this agree- Limit Of Coverage 1 ment ends to discover the loss. Deductible 2 Exclusions - Losses We Won't Cover 2 Loss under prior insurance. You may have had How We'll Pay Your Loss 2 prior insurance that covered the same losses Other Rules 3 this agreement covers and that ended at the Other Insurance 3 time this agreement became effective. If you did, but can't recover on a loss that was caused while the prior insurance was in force because What This Agreement Covers its discovery period has run out, we'll cover your loss. But the loss must be the kind that We'll pay for loss resulting directly from would be covered by this agreement had it been forgery or alteration of a check, draft, promis- in effect at the time the acts that caused the sory note or similar written promises or loss occurred. directions to pay money that are: •made or drawn by you; We won't pay more than the limit of coverage •drawn upon you; under the prior insurance or under this agree- •made or drawn by someone acting as your ment when it became effective, whichever is agent; or less. And the amount we pay will be a part of •claimed to have been so made or drawn. the limit of coverage under this agreement -not in addition to it. This insurance is for your benefit only. It provides no rights or benefits to any other We may have insured you under prior insurance person or organization. whose discover period had not run out when you discovered a loss that occurred partly Money means: under such insurance and partly under this •currency, coins and bank notes in current use agreement. If this is the case, we'll pay up to and having a face value; and the limit of coverage under this agreement or *travelers checks, registered checks and money under the prior insurance we issued, whichever orders held for sale to the public. coverage is greater. Facsimile signatures. We'll treat mechanically reproduced facsimile signatures the same as Where We Cover handwritten signatures. This agreement covers loss that happens Legal expenses. You may refuse to pay a check, anywhere in the world. draft, or similar order for payment because it may have been forged or altered. If this happens and someone sues you for payment, Limit Of Coverage we'll cover the legal expenses if we've given our written consent to the defense of the suit. The limit of coverage shown in the Coverage We'll pay for any reasonable legal expenses Summary is the most we'll pay for loss in any that you incur and pay in that defense. The one event. This limit of coverage applies amount we'll pay for such expenses will be in addition to the limit of coverage that applies. 45016 Ed.5-87 Printed in U.S.A. Insuring Agreement 95 Page 1 of 3 ©St.Paul Fire and Marine Insurance Co.1987 Crime Coverage lieStibul regardless of how many protected persons, Nuclear. We won't cover loss that results from property owners, covered items or financial nuclear reaction, nuclear radiation or radioac- interest are involved. tive contamination, or any related act or inci- dent. Event means an act or series of related acts involving one or more persons. War and similar action. We won't cover loss that results from war, whether or not declared, Protected persons are people and organiza- warlike action, insurrection, rebellion or revo- tions protected under this agreement. lution, or any related act or incident. The limit of coverage can't be accumulated Dishonesty. We won't cover loss resulting from from year to year, no matter how long this any dishonest or criminal act committed by any agreement is in effect or how many premiums of your employees, directors, trustees or you pay. authorized representatives: •acting alone or with other persons; or •while performing services for you or other- Deductible wise. The deductible is shown in the Coverage Employee means any individual: Summary. You'll be responsible, up to the •in your service and for 30 days after termi- deductible, for covered loss in any one event. nation of service; We'll then pay covered claims over the deduct- •whom you compensate directly by salary, ible, up to the limit of coverage. wages or commissions; •whom you have the right to direct and control The deductible doesn't apply to legal expenses. while performing services for you; or •employed by an employment contractor while that person is subject to your direction and Exclusions — Losses We Won't Cover control and performing services for you. But this won't include any such person while having Governmental action. We won't cover loss that care and custody of property outside the prem- results from the seizure or destruction of prop- ises. erty by order of governmental authority. Employee doesn't mean an: Indirect loss. We won't cover loss that is an •Agent, broker, factor, commission merchant, indirect result of any act or event covered by consignee, independent contractor or represen- this agreement, including, but not limited to tative of the same general character; or loss resulting from: •Director or trustee, except while performing •Your inability to realize income that you would acts coming within the scope of the usual duties have realized if there had been no loss of, or of an employee. loss from damage to covered property; •Payment of damages of any type for which you are legally liable. But this exclusion won't How We'll Pay Your Loss apply to compensatory damages arising directly from a loss covered under this agree- We may choose to pay for loss in the money of ment; or the country in which the loss occurred: •Payment of costs, fees or other expenses you •At face value in the money issued by that incur in establishing either the existence or the country; or amount of loss under this agreement. •In the United States dollar equivalent deter- mined by the rate of exchange on the day the Legal expenses. We won't cover expenses loss was discovered. related to any legal action. But we won't pay more than the limit of cover- age. Page 2 of 3 oSt.Paul Fire and Marine Insurance Co.1987 ' Stt9ul Other Rules •to you until you are reimbursed for any loss you sustain that exceeds the limit of coverage Records. You must keep all checks, drafts, and the deductible amount, if any; promissory notes, or similar written promises •then to us, until we are reimbursed for the or directions and records of such items. If this settlement made; isn't possible, we'll need an affidavit setting •then to you, until you are reimbursed for that forth the amount and cause of loss. This will part of the loss equal to the deductible amount allow us to verify the amount of any loss. if any. But this doesn't include recovery from insur- Recovering damages. The following paragraphs ance, suretyship, reinsurance, security or replace the Recovering Damages From A Third indemnity taken for our benefit. Party section of the General Rules, but only for this agreement. Other Insurance You may be able to recover all or part of your loss from someone other than us. Because of You may have other insurance or another source this, you must do all you can to preserve any of reimbursement that covers your loss. If you rights of recovery you may have. If we make a do, we'll pay the amount of your loss that's left payment for your loss under this agreement, after your other insurance or other source has your right of recovery will belong to us. been used up, less the deductible. We won't however, pay more than the limit of coverage Any recoveries, less the cost of obtaining under this agreement. them, made after settlement of loss covered by this agreement will be distributed: 45016 Ed.5-87 Printed in U.S.A. Insuring Agreement 95 Page 3 of 3 ®St.Paul Fire and Marine Insurance Co.1987 Crime Coverage ROBBERY AND SAFE BURGLARY PROTECTION hStfW We've designed this agreement to protect against direct loss of property. Of course there are some limitations which are explained later in this agreement. Table of Contents Page • employed by an employment contractor while that person is subject to your direction and control and performing What This Agreement Covers 1 services for you. But this won't include Loss Inside Your Building 1 any such person while having care and Safe Burglary 1 custody of property outside the premises. Loss Outside Your Building 2 Property With Limited Coverage 2 We won't consider any of the following to be an employee: When This Agreement Covers 2 • Agent, broker, factor, commission merchant, consignee, independent Limits Of Coverage 3 contractor or representative of the same general character; or Deductible 3 • Director or trustee, except while performing acts coming within the scope Exclusions — Losses We Won't Cover 3 of the usual duties of an employee. How We'll Figure Your Loss 4 Your building means that portion of any building you occupy in conducting your Other Rules 4 business. Robbery means the taking of property from the care and custody of an individual by one who has: What This Agreement Covers • caused or threatened to cause that individual bodily harm; or Loss Inside Your Building • committed an obviously unlawful act witnessed by that individual. We'll pay for loss of or damage to property while in your care and custody or in the Securiguardty means an care and custody of any of yourpartners or toany person you employ have care and custody of employees: property inside your building and who has • while inside your building; and no other duties. • that results directly from actual or attempted robbery. Building damage. We'll also pay for loss from damage to your building that results directly from robbery. But this only applies But we won't cover property in the care and custody of any person acting as a security if you are the owner of the building or are guard or janitor. responsible for damage to it. Employee means any individual: Safe Burglary • in your service and for 30 days after termination of service; We'll pay for loss of or damage to property • whom you compensate directly by salary, inside your building in a safe or vault that wages or commissions; results directly from actual or attempted • whom you have the right to direct and safe burglary. control while performing services for you; Safe burglary means the taking of: Or 45013 Rev. 7-96 Printed in U.S.A. Insuring Agreement ®St.Paul Fire and Marine Insurance Co.1996 All Rights Reserved Page 1 of 4 nestling • property from within a locked safe or articles made of or containing such vault by a person unlawfully entering the materials that make up the principle value safe or vault as evidenced by marks of of the article; and forcible entry; or • Manuscripts, drawings, or records of any • a safe or vault from inside the building. kind. This includes the cost of reconstructing them or reproducing any Building, safe or vault damage. We'll also pay information contained in them. for loss from damage to your building or a locked safe or vault inside your building that Property not covered. We won't cover the results directly from safe burglary. But this following: only applies if you are the owner of the property or responsible for damage to it. • Motor vehicles, trailers, or semi trailers or equipment and accessories attached to Loss Outside Your Building them; and • Money and securities. We'll pay for loss of or damage to property outside your building: Money means: • while in the care and custody of a • currency, coins and bank notes in current messenger; and use and having a face value; and • that results directly from actual or • travelers checks, registered checks and attempted robbery. money orders held for sale to the public. Messenger means you, any of your partners Securities mean negotiable and non- or any employee. negotiable instruments or contracts representing either money or other property Transporting property by armored car. We'll and includes: pay for loss of or damage to property that • Tokens, tickets, revenue and other stamps results directly from actual or attempted robbery while: in current use, whether represented by • outside your building; and actual stamps or unused value in a meter; and • in the care and custody of an armored • Evidences of debt issued in connection motor vehicle company. with credit or charge cards not issued by you. But we'll only pay for the amount of loss that you can't recover: Securities don't include money. • under your contract with the armored motor vehicle company; and When This Agreement Covers • from any insurance carried by or on behalf of the armored motor vehicle company. We'll pay for covered losses that happen while this agreement is in effect. And you Where we cover outside your building. This agreement covers events that happen in the have to discoverto one year after this agreement United States of America, U.S. Virgin ends the loss. Islands, Puerto Rico, Canal Zone or Canada. Loss under prior insurance. You may have had Event means an act or series of related prior insurance that covered the same losses acts wmea may involve one or more this agreement covers and that ended at the time this agreement became effective. If persons or not involve any person. you did, but can't recover on a loss that was caused while the prior insurance was in Property With Limited Coverage force because its discovery period has run out, we'll cover your loss. But the loss We'll only pay up to $5,000 in any one must be the kind that would be covered by event for all loss or damage to the this agreement had it been in effect at the following property: time the acts that caused the loss occurred. • Precious metals, precious or semi-precious stones, pearls or furs. This includes Page 2 of 4 ®St.Paul Fire and Marine Insurance Co 1996 All Rights Reserved TMeStF8uI We won't pay more than the limit of Exclusions — Losses We Won't Cover coverage under the prior insurance or under this agreement when it became effective, whichever is less. And the amount we pay Dishonesty. We won't cover loss resulting will be a part of the limit of coverage under from any dishonest or criminal act this agreement - not in addition to it. committed by you, any of your partners, employees, directors, trustees or authorized We may have insured you under prior representatives: insurance whose discovery period had not • acting alone or with other persons; or run out when you discovered a loss that • while performing services for you or occurred partly under such insurance and otherwise. partly under this agreement. If this is the case, we'll pay up to the limit of coverage under this agreement or under the prior Fire. We won't cover loss that results from insurance we issued, whichever coverage is fire. But this exclusion won't apply to loss greater. from damage to a safe or vault. Limits Of Coverage Governmental action. We won't cover loss that results from the seizure or destruction of property by order of governmental The limits of coverage shown in the authority. Coverage Summary are the most we'll pay for loss in any one event. These limits of Indirect loss. We won't cover loss that is an coverage apply regardless of how many indirect result of any act or event covered protected persons, property owners, covered by this agreement, including, but not limited items or financial interest are involved. to loss resulting from: • Your inability to realize income that you Protected persons are people and would have realized if there had been no organizations protected under this agreement. loss of, or loss from damage to covered property; The limit of coverage can't be accumulated • Payment of damages of any type for from year to year, no matter how long this which you are legally liable. But this agreement is in effect or how many exclusion won't apply to compensatory premiums you pay. damages arising directly from a loss covered under this agreement; or Robbery inside your building limit This is the • Payment of costs, fees or other expenses most we'll pay for a covered loss that happens inside your business. you incur in establishing either the existence or the amount of loss under this Safe burglary limit This is the most we'll agreement. pay for a covered safe burglary loss that Legal expenses. We won't cover expenses happens inside your building. related to any legal action. p Loss outside your building limit This is the Nuclear. We won't cover loss that results most we'll pay for a covered loss that from nuclear reaction, nuclear radiation or happens outside your building. radioactive contamination, or any related act or incident. Deductible Transfer or surrender of property. We won't The deductible is shown in the Coverage cover loss of property after it has been Summary. You'll be responsible, up to the transferred or surrendered to a person or deductible, for covered loss in any one place outside your building: event. We'll then pay covered claims over • on the basis of unauthorized instructions; the deductible, up to the limit of coverage or that applies. If more than one deductible • as a result of a threat to do bodily harm applies to a loss, the highest deductible to any person or damage to any property. amount will be applied. 45013 Rev. 7-96 Printed in U.S.A. Insuring Agreement ©St.Paul Fire and Marine Insurance Co.1996 All Rights Reserved Page 3 of 4 meStftul But this exclusion won't apply to loss while deductible. We won't however, pay more outside your building in the care and than the limit of coverage under this custody of a messenger if you: agreement. • had no knowledge of any threat at the time the conveyance began; or Other Rules • had knowledge of a threat at the time the conveyance began, but the loss was not related to the threat. Insurance for your benefit This insurance is for your benefit only. It provides no rights Vandalism. We won't cover loss from or benefits to any other person or damage to your building, its exterior or to organization and is limited to: containers of covered property by vandalism • property that you own or hold; or or malicious mischief. • property for which you are legally responsible. War and similar action. We won't cover loss that results from war, whether or not Consolidation — merger. Your coverage under declared, warlike action, insurrection, this agreement will apply to any new rebellion or revolution, or any related act or property you add through consolidation or incident. merger with another organization. You must however, notify us in writing within 30 days How We'll Figure Your Loss after the date you add the property and you must pay an additional premium. We'll figure your loss or damage to other Records. You must keep records of all property to be either covered property so we can verify the • the cost of repairing the property; amount of any loss. • the cost of replacing the property with that of a similar kind and quality; or Recovering damages. The following paragraphs replace the Recovering Damages From A • the actual cash value of the property on Third Party section of the General Rules, but the day the loss was discovered. only for this agreement. We can choose either to repair or replace the property or to pay its actual cash value. You may be able recover all part of In case of disagreement between us on the your loss from someone other than us. actual cash value or the cost of repair or preserve of this, you mustero all you can to replacement, the matter will be decided by ave. Ifan k ao recovery r may arbitration. have. we make a payment for your loss under this agreement, your right of recovery will belong to us. Any property that we pay for or replace becomes our property. Any recoveries, less the cost of obtaining them, made after settlement of loss covered How we'll pay. We may choose to pay for by this agreement will be distributed: loss in the money of the country in which • to you until you are reimbursed for any the loss occurred: loss you sustain that exceeds the limit of • At face value in the money issued by that coverage and the deductible amount, if country; or any; • In the United States dollar equivalent • then to us, until we are reimbursed for the determined by the rate of exchange on the settlement made; day the loss was discovered. • then to you, until you are reimbursed for that part of the loss equal to the Other insurance. You may have other insurance or another source of deductible amount if any. reimbursement that covers your loss. If you But this doesn't include recovery from do, we'll pay the amount of your loss that's insurance, suretyship, reinsurance, security or left after your other insurance or other indemnity taken for our benefit. source has been used up, less the Page 4 of 4 oSt.Paul Fire and Marine Insurance Co.1996 All Rights Reserved CAPP 2001 Boiler & Machinery Policy Boiler and Machinery Declarations Issue Date . . 03/15/2001 Policy Number GP09100425 Identification No BMI7318725 Named Insured: Colorado Counties Casualty And Property Pool MailingAddress 1700 Broadway, Suite 1512 Denver, CO 80290 Policy Period From 01/01/2001 to 01/01/2002 at 12:01 A.M. Standard Time at the above Mailing Address Annual Premium $71,498.00 Premium Due Now $71,498.00 Limit of Insurance $100,000,000 See Ecp Lmtanyl Deductible $5,000.00 Locations Covered See Schedule of Locations Schedule of Covered Objects Obj.Definition Section Group or "Object" Description See Form Number 6 1 Comprehensive Coverage Including BM 01 31 02 91 Production Machines DEC BMIR 01/1998 Page 1 of 2 Declarations (continued) Named Insured: Colorado Counties Casualty And Property Pool Policy Number GP09 100425 Identification No BMI7318725 Effective Date 01/01/2001 Issue Date 03/15/2001 This policy is made up of these Declarations and the following forms: Company Form No. Description ISO Form No. R131F 0291 Boiler& Machinery Coverage Form BM 00 25 02 91 R131F 0291 Common Policy Conditions IL 00 17 11 85 R131F 0291 Calculation of Premium IL 00 03 11 85 ECP SCHLOC 01/1998 Schedule of Locations ECP ADDLEXP 01/1997 Additional Limits of Insurance ECP AUTOCOV 05/1995 Automatic Coverage ECP BISCH 03/1996 Business Interruption- Actual Loss Sust ECP CDSCHED 09/1995 Consequential Damage ECP COINNO 05/1995 Coinsurance Waived ECP DEMI 10/1996 Demolition& Increased Cost of Construct ECP LMTANY1 04/1994 Limit Any One Accident END OMNIBUS 05/1998 Omnibus Locations ECP UISTD 09/1996 Utility Interruption ECP ENDT C 03/1996 Consequential Damage BM 15 28 07 90 ECP ENDT L 11/1992 Combined Business Interruption& Extra E BM 15 33 02 91 ECP CO1 06/1998 Colorado Changes IL 02 28 04 98 ECP CO2 06/1998 Colorado Changes IL 01 69 04 98 DEC BMIR 01/1998 Page 2 of 2 Schedule of Locations Named Insured Colorado Counties Casualty And Property Pool Policy Number BMI7318725 Identification No BMI73 18725 Effective Date 01/01/2001 Issue Date 03/15/2001 This endorsement changes the policy. Please read it carefully. Location Number Location Address 99905 All Locations In Co Per Schedule On File With The Company Hotchkiss, CO 81419 ECP SCHLOCS 01/1998 Page 1 of 1 Limits of Insurance Named Insured Colorado Counties Casualty And Property Pool Policy Number GP09100425 Identification No BMI7318725 Effective Date 01/01/2001 Issue Date 03/15/2001 This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. It is agreed that the Limits of Insurance, as stated in paragraph C. of the Boiler and Machinery Coverage Form, are increased to the amounts stated below: Expediting Expenses, paragraph C.2.a.(1). It is agreed this Limit of Insurance is increased from$5,000 to $100,000 ( )no change(applies if an "x" is inserted) Hazardous Substance Limitation, paragraph C.2.b. It is agreed this Limit of Insurance is increased from$5,000 to $25,000 ( )no change(applies if an "x" is inserted) Ammonia Contamination Limitation, paragraph C.2.c. It is agreed this Limit of Insurance is increased from$5,000 to $100,000 ( )no change(applies if an"x" is inserted) Water Damage Limitation, paragraph C.2.d. It is agreed this Limit of Insurance is increased from$5,000 to $100,000 ( )no change (applies if an "x" is inserted) The above coverage limitations to our payment for direct damage to Covered Property are a part of and not in addition to the Limit of Insurance for this Coverage Part. ECP ADDLEXP 01/1997 Page 1 of 1 Automatic Coverage Modification Endorsement Named Insured Colorado Counties Casualty And Property Pool Policy Number GP09 100425 Identification No BM17318725 Effective Date 01/01/2001 Issue Date 03/15/2001 This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. It is agreed that the word "90" (days), appearing in the automatic coverage extension, paragraph A.3.b., of the Boiler and Machinery Coverage Form, is hereby changed to read 365 Days. ECP AUTOCOV 05/1995 Page 1 of 1 Business Interruption Schedule Named Insured Colorado Counties Casualty And Property Pool Policy Number GP09100425 Identification No BMI7318725 Effective Date 01/01/2001 Issue Date 03/15/2001 This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. Premises Any location described in and covered by the policy. Location of"Objects" Covered- Business Interruption Above described premises Endorsement L Limit of loss $100,000,000 See ECP Lmtanyl Deductible 12 Hours ( )Ordinary payroll coverage(applies only when an "x" is inserted) ( )Days of ordinary payroll coverage provided(if"x" is inserted above) Other address for notice of accident... 1-888-HSB-LOSS (1-888472-5677) Object Definition Section Group Description Or Description Of"Object" 6 1 Comprehensive Coverage Including Production Machines ECP BISCH 03/1996 Page 1 of 1 Consequential Damage Schedule Named Insured Colorado Counties Casualty And Property Pool Policy Number GP09100425 Identification No BMI73 18725 Effective Date 01/01/2001 Issue Date 03/15/2001 This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefiilly. Premises Any location described in and covered by the policy. Location of"Obj ects" Covered - Consequential Damage Above described premises Endorsement C Limit of Loss $25,000.00 Coinsurance Nil Specified Property: Food Products solely while in storage; however specified property does not include live animals. Deductible $5,000.00 Object Definition Section Group Description or Description of"Object" 6 1 Comprehensive Coverage Including Production Machines ECP CDSCHED 09/1995 Page 1 of 1 BI - Coinsurance Suspended Named Insured Colorado Counties Casualty And Property Pool Policy Number GP09100425 Identification No BMI7318725 Effective Date 01/01/2001 Issue Date 03/15/2001 This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. A current Business Interruption Report of Values has been received and is on file with us. The Coinsurance Condition in the Business Interruption Endorsement forming part of this policy is therefore suspended from the effective date above until 01/01/2002 . An endorsement must be issued for each additional time period during which the Coinsurance Condition is suspended. Your next report of values is due on or before 01/01/2002 . ECP COINNO 05/1995 Page 1 of 1 DICC Coverage Named Insured Colorado Counties Casualty And Property Pool Policy Number GP09 100425 Identification No BMI73 18725 Effective Date 01/01/2001 Issue Date 03/15/2001 This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. If at the time of an "accident" to an insured "object"there is in force any law or ordinance regulating the reconstruction, repair, replacement, or use of buildings or structures damaged by the "accident", or such insured "obj ect"then we shall cover: 1. The additional loss sustained in demolishing any undamaged portion of buildings or structures necessitated by such law or ordinance. 2. The cost incurred in actually rebuilding both the damaged and demolished portions of such buildings or structures with materials and in a manner to fully satisfy such law or ordinance. We shall not be liable for any cost of demolition or increased cost of construction necessitated by any law or ordinance regulating any form of pollution or contamination. The total liability under this endorsement shall not exceed the actual expenditure incurred in demolishing the undamaged portion of the building(s) or structures(s) involved plus the lesser of the following: a. The actual expenditure incurred, not including the cost of land, in the rebuilding on another site, or b. The cost of rebuilding on the same site. It is agreed that, only as respects the specific coverage as provided under this endorsement,the "ordinance or law" exclusion of this Coverage Part is considered eliminated. Business interruption, extra expense or other time element or indirect coverage endorsed on this policy shall apply to loss covered under this endorsement, unless otherwise excluded. The total liability under this endorsement, for all policy coverages combined, shall not exceed $1,000,000. The amount of covered loss payable under this endorsement, for each type of coverage, is also subject to any combined or specific limit applicable to that coverage. The sublimit provided above applies only once for any "one accident"regardless of how many coverages are involved and does not increase any applicable combined or specific policy limit. This endorsement does not change or alter any other terms or conditions of this policy. ECP DEMI 10/1996 Page 1 of 1 Limit - Any One Accident Named Insured Colorado Counties Casualty And Property Pool Policy Number GP09100425 Identification No BMI73 18725 Effective Date 01/01/2001 Issue Date 03/15/2001 This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. It is agreed that our total liability for loss of the kinds insured against under this Coverage Form, or under the endorsements included in this Coverage Part, resulting from any "one accident", shall in no event exceed the amount specified as "Limit of Insurance" in the Declarations of this Coverage Part. Order of Payment Payments within the limit for any "one accident", as provided above, shall be determined in the following fixed order and the portion of the Limit of Insurance applicable to each coverage of the Boiler and Machinery Coverage Part shall be to the extent that any of the limit any "one accident" remains after payment of all loss under all preceding coverages: (a) Paragraph A.1.a of the Boiler and Machinery Coverage Form (b) Paragraph A.3.a., Expediting Expense, of the Boiler and Machinery Coverage Form (c) Any business interruption or other indirect coverage endorsement attached to the Boiler and Machinery Coverage Part. (d) Paragraph A.1.b. of the Boiler and Machinery Coverage Form ECP LMTANYI 04/1994 Page 1 of 1 Omnibus Locations Endorsement Named Insured Colorado Counties Casualty And Property Pool Policy Number GP09 100425 Identification No BMI7318725 Effective Date 01/01/2001 Issue Date 03/15/2001 This endorsement changes the policy. Please read it carefully. Omnibus Location Description In consideration of the initial Report of Locations and Values,which is on file with us,the following is added to the Schedule of Locations: Any location which is located anywhere in the"Coverage Territory" of this policy and which is: a) Owned by you; or b) Leased by and operated under your control and for which you are legally liable. Report of Locations and Values You shall prepare as of the date this coverage part becomes effective, and as of each 12 months thereafter, an approved Report of Locations and Values showing the following: 1) Each location owned by you or leased and operated under your control on the date for which the report is prepared; 2) The building and contents values of each location; and 3) The business income values of each location, if Business Income coverage is included. This report shall be filed with us not later than 30 days after each anniversary date. We shall compute the policy premium as of the anniversary date based on the report as field with us. END OMNIBUS 5/1998 Page 1 of 1 Utility Interruption (UI) Coverage Named Insured Colorado Counties Casualty And Property Pool Policy Number GP09 100425 Identification No BMI7318725 Effective Date 01/01/2001 Issue Date 03/15/2001 This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. A. Coverage The coverage provided by any 1. Business Interruption 2. Consequential Damage, or 3. Extra Expense Endorsement forming a part of this Coverage Part is extended to include an "accident"to an "object" described in the schedule below, whether or not that "obj ect"is on your premises. The "object" must be: 4. Owned, operated or controlled by a public utility or other company you have contracted with to supply the service(s) specified below; and 5. Used to supply the service(s) specified below Directly to your premises B. "Obj ect(s)": Any "obj ect(s)"of the same type scheduled for coverage at a location where the loss occurs, unless specified otherwise below. Optional UI "obj ect" schedule: Transformers and Non-Rotating Electrical Apparatus Only C. Specified Services: Electrical Power D. Waiting period and commencement of liability we will not be liable for payment of any loss or expense unless the "period of interruption"of a specified service exceeds the specified waiting period. Our liability then applies to the entire "period of interruption," subject to any applicable deductible(s). Waiting Period: Not Applicable E. Limit Per Interruption: Included If a limit is entered above,that limit is the most we will pay for the total of all applicable utility interruption loss under all endorsements, after application of any applicable deductible(s). If"Per ECP UISTD 09/1996 Page 1 of 2 Endorsement" is entered, any respective utility interruption loss will be part of and not in addition to the limit of each applicable endorsement. F. Exclusions It is agreed that, with respect to an "accident"to any "object" described in this endorsement, all of the exclusions in the Boiler and Machinery Coverage Form apply. In addition, we will not pay for any loss caused by or resulting from an "accident" caused by: * Lightning * Aircraft * Rising Water or Flood * Missiles or by objects falling from missiles * Windstorm or Hail * Weight of Snow, Ice or Sleet * Smoke * Collapse * Riot * Sprinkler Leakage * Civil Commotion * Molten Material * Vandalism * A deliberate act or acts by the supplying * Impact of Vehicles utility to shed load to maintain system * Civil Authority integrity G. Definition "Period of Interruption" means the time from the interruption of a specified service to that time when that specified service could be restored to the premises with due diligence and dispatch. All resultant and concomitant interruptions shall be considered as one event. "Period of Interruption" does not include any increased time period required by, caused by or resulting from enforcement of any item cited by the ordinance or law exclusion in the Boiler and Machinery Coverage Form. ECP UISTD 09/1996 Page 2 of 2 ENDORSEMENT C - CONSEQUENTIAL DAMAGE This endorsement changes the Boiler and Machinery policy or Coverage Part. Please read it carefully. A. COVERAGE resulting from any"one accident"until the amount of 1. We will pay you for"Consequential Damage"to loss or expense exceeds the Deductible shown in the "Specified Property"that is caused solely by an Declarations. We will then pay the amount of loss or "accident"to an"object,"provided all of the expense in excess of the Deductible,up to the applicable following requirements are met: Limit of Insurance. If more than one"obj ect"is involved in"one accident,"only the highest Deductible a. The"accident"must occur during the time this will apply coverage is in force; D. CONDITIONS b. The"object"that has the"accident"must be: The following conditions apply in addition to the (1) Specified as covered in the Consequential Common Policy Conditions and the Boiler and Damage Schedule; Machinery Conditions. (2) At a"location"specified in the 1. Coinsurance Consequential Damage Schedule;and We will not pay the full amount of your loss if the (3) In use or connected ready for use. Limit of Loss at the time of the"accident"is less 2. We will also pay: than the product of the Coinsurance percentage a. For loss to"Specified Property"of others for shown in the Consequential Damage Schedule times which you are legally liable;and the actual cash value of all"Specified Property"at the"Location"where the"accident"occurs. b. The reasonable expense incurred by you or us to Instead,we will determine the most we will pay by reduce or avert"Consequential Damage."The amount we pay for that expense is limited to the using the following steps: amount that our payment under paragraphs 1 a. Divide the Limit of Loss by the product of the and 2.a.above is reduced. Coinsurance percentage multiplied by the total B. EXCLUSIONS actual cash value of all"Specified Property"at the time of the"accident." 1. All the Exclusions of the Boiler and Machinery b. Multiply the total amount of the covered loss by Coverage Form apply to loss or expense under this the figure determined in paragraph a.above;c. endorsement except: a. Lack of power,light,heat,steam or c. Subtract the applicable deductible from the refrigeration; amount determined in paragraph b.above; b. A delay in,or interruption of,any business d. The resulting amount or the Limit of Loss for manufacturing or process activity;or "Consequential Damage,"whichever is less,is the most we will pay. We will not pay for the c. Any other indirect result of an"accident." remainder of the loss. 2. In addition,we will not pay for: 2. Payment Limits a. More than the actual cash value,at the time of Payment for loss or expense under this endorsement the"accident,"of your"Specified Property" is subject to the following: damaged or destroyed,however caused. Actual a. Our total payment for any"one accident"for cash value will include proper deductions for depreciation;or "Consequential Damage"or expenses will not exceed the Limit of Loss shown on the b. Your failure to use due diligence and dispatch Consequential Damage Schedule.This Limit of and all reasonable means to protect the Loss is not part of the Limit of Insurance;it is a "Specified Property"from damage following an separate limit; "accident." b. Our payment will not increase if more than one C. DEDUCTIBLE insured is shown on the Declarations; If a dollar deductible is shown in the Consequential c. Loss or expense under this endorsement from an Damage Schedule,we will not pay for loss or expense "accident"that occurs during the time this BM 15 28 07 90 Copyright,Insurance Services Office,Inc. ECP ENDT_C 03/1996 Page 1 of 2 ENDORSEMENT C - CONSEQUENTIAL DAMAGE (Continued) coverage is in force may continue beyond the b. Salvaging"Specified Property." termination or expiration of this coverage. Our E. DEFINITIONS liability for that loss or expense is not limited by the termination or expiration. 1. "Consequential Damage" means loss due to spoilage from lack of power,light,heat,steam or 3. Reducing Your Losses As soon as possible after an refrigeration,resulting solely from an"accident." "accident"you must make use of every available means to reduce or avert loss partially or 2. "Location"means the premises at the address completely,including: shown on the Consequential Damage Schedule. a. Merchandise or other property such as surplus 3. "Specified Property"means only the property machinery,duplicate parts,equipment,supplies described in the Schedule of this endorsement. and surplus or reserve stock you own,control or can obtain;and BM 15 28 07 90 Copyright,Insurance Services Office,Inc. ECP ENDT_C 03/19% Page 2 of 2 ENDORSEMENT L COMBINED BUSINESS INTERRUPTION AND EXTRA EXPENSE ACTUAL LOSS This endorsement changes the Boiler and Machinery policy or Coverage Part. Please read it carefully. A. COVERAGE 3. Any other indirect result of an"accident"to an 1. We will pay you for your"Actual Loss"and"Extra "object." Expense"during the"period of restoration"provided In addition,we will not pay for any loss or expense all of the following requirements are met: due to: a. The"Actual Loss"and"Extra Expense"must be 4. The interruption of business that would not or could caused solely by an"accident"to an"obj ect"; not have been carried on if the"accident"had not b. The loss must be as a result of direct physical oce need; damage to Covered Property; 5. Your failure to use due diligence and dispatch and c. The"accident"must occur during the time this all reasonable means to resume business as nearly coverage is in force. normal as practicable at the location(s)shown in the Schedule;and d. The"obj ect"that has the"accident"must be: (1) Specified as covered in 6. The suspension,I apse or cancellation of a contract Business c Interruptioncovered n the h Extra Combined npense following an"accident"extending beyond the time business could have resumed if the contract had not Schedule; lapsed,been suspended or cancelled. (2)At the"location"shown in the Combined C. DEDUCTIBLE Business Interruption and Extra Expense Schedule;and 1. Time Deductible (3)In use or connected ready for use. If a time deductible is shown in the Business Interruption Schedule,we will not be liable for any 2. We will pay: loss under this endorsement occurring during that a. Your"actual loss"from a total or partial specified time period immediately following the interruption of business;and Commencement of Liability. b. The"Extra Expense"you necessarily incur to 2. Dollar Deductible operate your"Business"as nearly"normal"as If a dollar deductible is shown in the Business practicable during the"Period of Restoration" Interruption Schedule,we will first subtract the following an"accident." deductible amount shown in the Schedule from the We will consider the actual experience of your amount we would otherwise pay under this business before the"accident"and the probable endorsement. We will then pay the amount of loss experience you would have had without the or expense in excess of the deductible,up to the "accident"in determining the amount of our applicable Limit of Loss. payment. 3. Multiple of Daily Value Deductible 3. Ordinary Payroll Coverage—If Ordinary Payroll If a multiple of daily value is shown in the Business coverage is shown in the Business Interruption Interruption Schedule,we will first subtract from Schedule,the words—but not your ordinary payroll the total amount we would otherwise pay,a dollar expense—are deleted from the definition of"actual amount that is equal to the daily value during the loss." period of interruption at the"location(s)"where the B. EXCLUSIONS loss occurred,multiplied by the multiple specified All the Exclusions of the Boiler and Machinery on the schedule. The daily value is the amount that Coverage Form apply to loss or expense under this would have been earned each working day had no coverage,except: "accident"occurred. 1. Lack of power,light,heat,steam or refrigeration; 2. A delay in,or interruption of,any business, manufacturing or process activity;or BM 15 33 02 91 Copyright,Insurance Services Office,Inc. ECP ENDT_L 11/1992 Page 1 of 3 COMBINED BUSINESS INTERRUPTION AND EXTRA EXPENSE ACTUAL LOSS (Continued) D. CONDITIONS At our expense,you must immediately give notice The following conditions apply in addition to the of"accident"to any of our offices.You must Common Policy Conditions and the Boiler and confirm that notice in writing.Our liability under Machinery Conditions: this coverage starts: 1. Adjustment of Premium a. At the time of the"accident";or b. 24 hours before we receive notice of"accident"; Upon receipt of the annual reports you furnish us, we will determine the amount of premium we whichever is later. earned for the past year.If the amount determined is 5. Payment Limits more than the premium we have already charged for this coverage,you must pay the difference. If the Payment for loss or expense under this endorsement amount determined is less than the premium we is subject to the following: originally charged,we will refund the difference, a. Our total payment for any"one accident"for However,the amount we return will not exceed interruption of business,or for expenses will not 75%of the premium we originally charged. exceed the Limit of Loss shown in Combined 2. Annual Reports Business Interruption and Extra Expense Schedule. This Limit of Loss is not part of the You must fill out the Approved Report Form we Limit of Insurance;it is a separate limit; furnish you once each year. Your reports must reach us within three months after the effective date b. Our payment will not increase if more than one of the policy and each anniversary of the policy. insured is shown on the Declarations; 3. Coinsurance c. Loss or expense under this endorsement from an "accident"that occurs during the time this We will not pay the full amount of any loss,if the endorsement is in force may continue beyond the Business Interruption"annual value"at the time of loss is greater than the"estimated annual value" termination or expiration of this endorsement. shown in your latest report or if your report was Our eliabilitytt for that loss i or or expir is i not received by us more than three months after the due limited by that termination expiration. date,or if your report is overdue. Instead,we will d. The amount of our payment will reflect a determine the most we will pay using the following deductible for the salvage value of any substitute steps: or temporary property remaining after you resume"normal"operations. a. Divide the"estimated annual value"last reported to us by the"annual value"at the time 6. Reducing Your Loss of the"accident"; As soon as possible after an"accident,"you must: b. Multiply the total amount of the covered loss by a. Resume business,partially or completely;and the figure determined in paragraph a.above; b. Make up lost business within a reasonable c. Subtract the applicable deductible from the period of time.This reasonable period does not amount determined in paragraph b.above. necessarily end when operations are resumed. The resulting amount or the Limit of Loss for c. Make use of every available means,including: Business Interruption,whichever is less,is the most (1)Working extra r time r or location either at the we will pay.We will not pay for the remainder of "location"or at another location you- the loss acquire to carry on the same operations; If more than one location is shown in the Schedule (2)The property or services of other concerns; for this coverage,this Coinsurance Condition and applies separately to each"location." (3)Merchandise or other property,such as 4. Notice of"Accident"and Commencement of Liability surplus machinery,duplicate parts, BM 15 33 02 91 Copyright,Insurance Services Office,Inc. ECP ENDT_L 11/1992 Page 2 of 3 COMBINED BUSINESS INTERRUPTION AND EXTRA EXPENSE ACTUAL LOSS (Continued) equipment,supplies and surplus or reserve a. Means the cost of operating your"business" stock you own,control or can obtain. during the"Period of Restoration"minus what E. DEFINITIONS the cost of operating it would have been had no "accident"occurred.Included in"Extra The following definitions apply in addition to the Expense"are such necessary items as: Definitions of the Boiler and Machinery Coverage Form emergency services,merchandise or other and all provisions of any Object Definitions property of other concerns. endorsements shown in the Declarations: b. May also include all or part of the cost of 1. "Actual Loss"means the sum of repairing or replacing property damaged or a. The net profits you fail to earn because of destroyed by an"accident." To qualify as"Extra business interruption resulting from an Expense,"the cost must be incurred for the "accident";and purpose of minimizing the total of our"Extra b. Whatever part of the following fixed charges and Expense"payment. The amount that we would expenses the business failed to earn but would include in our"Extra Expense"payment would have earned if there had been no"accident"; be equal to: (1) Salaries and wages of officers,executives, (1)The savings in"Extra Expense"you have employees under contract and other essential enabled us to realize by having the repairs or employees,as well as pensions and directors' replacements made;or fees but not your ordinary payroll expense; (2)The amount of"Extra Expense"you paid to and have the repairs or replacements made; (2) Manufacturing,selling,administrative whichever is less. expenses and any other items contributing to c. Does not mean: your overhead expenses. In calculating the"actual loss,"we will take into (1)Loss of income;or account the actual experience of your business (2)Expense in excess of that which is necessary before the"accident"and the probable to keep your"Business"operating in as experience you would have had without the nearly"normal"a manner as practicable. "accident." 6. "Location" means the premises at the address 2. "Annual Value"means the sum of net profits and shown on the Combined Business Interruption and "fixed charges and expenses"that would have been Extra Expense Schedule. earned had the'Accident"not occurred. 7. "Normal" means the condition that would have 3. "Estimated Annual Value"means the sum of net existed had no"accident"occurred. profits and"fixed charges and expenses"as 8. "Period of Restoration"means the period of time estimated by you in the most recent annual report. that: 4. "Fixed charges and expenses"means the sum of a. Begins at the time of the commencement of the following: liability;and a. Salaries and wages of officers,executives, b. Ends on the date when the damaged property at employees under contract and other essential the described"location"is repaired or replaced. employees,as well as pensions and directors'fees "Period of Restoration"does not include any but not your ordinary payroll expense;and increased time period required by,caused by or b. Manufacturing,selling,administrative expenses resulting from enforcement of any item cited by the and any other items contributing to your Ordinance or Law exclusion in the Boiler and overhead expenses. Machinery Coverage Form. 5. "Extra Expense" BM 15 33 02 91 Copyright,Insurance Services Office,Inc. ECP ENDT_L 11/1992 Page 3 of 3 Boiler And Machinery 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 Section F.-DEFINITIONS. A. COVERAGE (2)The"obj ect"must be in use or connected We will pay for direct damage to Covered Property ready for use at the time of acquisition and caused by a Covered Cause of Loss. throughout the period of automatic coverage 1. Covered Property and be of a type that would he included in any"object"Group Description shown in the Covered Property,as used in this Coverage Part, Declarations; means any property that: (3)The Limit of Insurance and Deductible a. You own;or amount will be the highest amounts shown in b. Is in your care,custody or control and for which the Declarations for the same type of you are legally liable. In addition to paying for "object"; loss to this property,we will defend you against (4)We will not be liable under this coverage for any claim or"suit"alleging liability for damage Consequential Damage,Business to this property,subject to the Defense and the Interruption or any other indirect loss Supplementary Payments provisions. resulting from an"accident"to an"object"; 2. Covered Cause of Loss and A Covered Cause of Loss is an"accident"to an (5)You agree to pay an additional premium as "object"shown in the Declarations. An"object" determined by us. must be in use or connected ready for use at the c. Defense location specified for it at the time of the"accident." If a claim or"suit"is brought against you 3. Coverage Extensions alleging that you are liable for damage to a. Expediting Expenses property of another in your care,custody or With respect to your damaged Covered control,that was directly caused by an "accident"to an"object,"we will either: Property,we will pay the reasonable extra cost to: (1)Settle the claim or"suit";or (1)Make temporary repairs; (2)Defend you against the claim or"suit,"but keep for ourselves the right to settle it at any (2) Expedite permanent repairs;and point (3)Expedite permanent replacement. d. Supplementary Payments We restrict the amount payable for Expediting We will pay with respect to any claim or"suit" Expenses as explained in the Limits of Insurance we defend: section of this Coverage Form. (1) All expenses we incur; b. Automatic Coverage for a Newly Acquired Location (2)The cost of bonds to release attachments,but only for bond amounts within the Limit of We will automatically cover an"accident"to an Insurance. We do not have to furnish these "object"at a newly acquired location.This bonds automatic coverage begins at the time you acquire the property and continues for 90 days (3)All reasonable expenses incurred by you at under the following conditions: our request to assist us in the investigation or defense of the claim or"suit,"including (1)You must inform us,in writing,of the newly acquired location within 90 days of the date you acquire it; BM 00 25 02 91 Copyright,Insurance Services Offices,Inc. R131F 02/1991 Page 1 of 18 Boiler And Machinery Coverage Form (Continued) actual loss of earnings up to$100 a day 4. Other Exclusions because of time off from work; Loss caused by or resulting from: (4) All costs taxed against you in any"suit"we a. An explosion.However,we will pay for los s defend: caused by or resulting from an explosion of an (5)Prejudgment interest awarded against you "obj ect"of a kind described below and only to on that part of the judgment we pay. If we "obj ects"covered by this insurance and as make an offer to pay the applicable Limit of described on an Object Definitions endorsement: Insurance,we will not pay any prejudgment Explosion of any: interest based on that period of time after the offer;and (1) Steam boiler; (6)All interest on the full amount of any (2) Electric steam generator; judgment that accrues after entry of the (3) Steam piping; judgment and before we have paid,offered (4) Steam turbine; to pay,or dLposited in court the part of the judgment that is within the Limit of (5) Steam engine; Insurance shown in the Declarations. (6)Gas turbine;or These payments will not reduce the Limit of (7) Moving or rotating machinery caused by Insurance. centrifugal force or mechanical breakdown; B. EXCLUSIONS b. Fire or explosion that occurs at the same time as We will not pay for: an"accident"or that ensues from an"accident". With respect to any electrical equipment 1. Ordinance or Law forming a part of an"obj ect,"this exclusion is Any increase in loss caused by or resulting from the changed to read: enforcement of any ordinance,law,regulation,rule Fire or explosion outside the"object"that occurs or ruling regulating or restricting repair, at the same time as an"accident"or ensues from replacement,alteration,use,operation,construction an"accident"; or installation. c. Explosion of gas or unconsumed fuel within the As used here,increase in loss also includes expenses furnace of any boiler or fired vessel or within the incurred beyond those for which we would have paid passages from that furnace to the atmosphere, if no substance declared to be hazardous to health by whether or not the explosion is: a governmental agency had been involved in the "accident." (1)Contributed to or aggravated by an "accident"to any part of an"object"that 2. Nuclear Hazard contains steam or water;or Loss caused by or resulting from nuclear reaction or (2) Caused in whole or in part directly or radiation,or radioactive contamination,however indirectly,by an"accident"to an"object"or caused. part of an"object." 3. War and Military Action d. An"accident"that is the direct or indirect result Loss caused by or resulting from: of an explosion or fire; a. War,including undeclared or civil war; e. Water or other means used to extinguish a fire, b. Warlike action by a military force,including even when the attempt is unsuccessful; action in hindering or defending against an f. Lightning,if coverage for that cause of loss is actual or expected attack,by any government, provided by another policy of insurance or sovereign or other authority using military coverage part you have; personnel or other agents;or g. Flood.However,if an"accident"results from a c. Insurrection,rebellion,revolution,usurped flood,we will pay for direct damage to Covered power or action taken by governmental Property caused by the"accident"; authority in hindering or defending against any of these. BM 00 25 02 91 Copyright,Insurance Services Offices,Inc. R131F 02/1991 Page 2 of 18 Boiler And Machinery Coverage Form (Continued) h. An"accident"to any"obj ect"while being substance hazardous to health had been tested; involved. i. An"accident"caused directly or indirectly by c. Ammonia Contamination Limitation earth movement,including but not limited to If Covered Property is contaminated by earthquake,landslide,mudslide,subsidence or ammonia as a result of an"accident"to an volcanic eruption; "obj ect,"the most we will pay for this kind of j. Lack of power,light,heat,steam or damage,including salvage expense,is$5,000. refrigeration; d. Water Damage Limitation k. A delay in,or an interruption of,any business, If Covered Property is damaged by water as a manufacturing or processing activity;or result of an"accident"to covered refrigerating or I. Any other indirect result of an"accident"to an air conditioning vessels and piping,the most we "object." will pay for this kind of damage,including We will not pay for any loss excluded above even salvage expense,is$5,000. though any other cause or event contributes My payment made under Section C will not increase if concurrently or in any sequence to the loss. more than one insured is shown in the Declarations. C. LIMITS OF INSURANCE D. DEDUCTIBLE 1. We will not pay more than the applicable Limit of We will not pay for loss or damage resulting from any Insurance shown in the Declarations for all direct "one accident"until the amount of loss or damage damage to Covered Property that results from any exceeds the Deductible shown in the Declarations.We "one accident." will then pay the amount of loss or damage in excess of 2. The following coverage limitations to our payment the Deductible,up to the applicable Limit of Insurance. for direct damage to Covered Property are pan of If more than one"object"is involved in"one accident," and not in addition to the Limit of Insurance for this only the highest Deductible will apply. Coverage Form. E. BOILER AND MACHINERY CONDITIONS a. Expediting Expenses The following conditions apply in addition to the Our payment for Expediting Expenses will be Common Policy Conditions: limited to: 1. Loss Conditions (1)$5,000;or a Duties In the Event of Loss or Damage (2) What is left of the Limit of Insurance after (1)You must see that the following are done in we pay your loss for Covered Property the event of loss or damage; damaged by an"accident"; (a) Give us a prompt notice of the loss or whichever is less. damage.Include a description of the b. Hazardous Substance Limitation property involved. The following applies despite the operation of (b) As soon as possible,give us a description the Ordinance or Law Exclusion.This limitation of how,when and where the loss or does not apply to damage,contamination or damage occured. pollution caused by ammonia. (c) Allow us a reasonable time and If Covered Property is damaged,contaminated opportunity to examine the property and or polluted as a result of an"accident"to an premises before repairs are undertaken or "object"by a substance declared to be hazardous physical evidence of the"accident"is to health by a governmental agency,the most we removed. But you must take whatever will pay for any additional expenses incurred by measures are necessary for protection you for clean up,repair or replacement or from further damage. disposal of that property is$5,000.As used here, (d) Permit us to inspect the property and additional expenses mean expenses incurred records.Also permit us to take samples beyond those for which we would be liable if no BM 00 25 02 91 Copyright,Insurance Services Offices,Inc. R131F 02/1991 Page 3 of 18 Boiler And Machinery Coverage Form (Continued) of damaged property for inspection, insurance covers the interest of the loss testing and analysis. payee unless the loss results from conversion, (e) If requested,permit us to question you secretion or embezzlement on your part. under oath,at such times as may he (2) We may cancel the policy as allowed by the reasonably required about any matter Cancellation Condition.Cancellation ends relating to this insurance or your claim, this agreement as to the loss payee's interest. including your hooks and records. In If we cancel,we will mail you and the loss such event,your answers must be signed. payee the same advance notice. (f) Send us a signed,sworn statement of loss (3) If we make any payment to the loss payee, containing the information we request to we will obtain their rights against any other settle the claim.You must do this within party. 60 days after our request. e. Other Insurance (g) Cooperate with us in the investigation or settlement of the claim. (1)You may have other insurance subject to the same plan,terms,conditions and provisions (2)We may examine any insured under oath, as the insurance under this Coverage Part.If while not in the presence of any other insured you do,we will pay our share of the covered and at such times as may he reasonably loss or damage. Our share is the proportion required,about any matter relating to this that the applicable Limit of Insurance under insurance or the claim,including an insured s this Coverage Part bears to the Limits of hooks and records.In the event of an Insurance of all insurance covering on the examination,an insured's answers must he same basis. signed. (2) If there is other insurance covering the same b. Insurance Under Two or More Coverages loss or damage,other than that described in If two or more of this policy's coverages apply to (1)above,we will pay only the amount of the same loss or damage,we will not pay more covered loss or damage in excess of the than the actual amount of the loss or damage amount due from that other insurance, subject to the Limit of Insurance. whether you can collect on it or not. c. Legal Action Against Us In no case will we pay more than the applicable No one may bring a legal action against us under Limit of Insurance. this Coverage Part unless: f. Transfer of Rights of Recovery Against Others (1)There has been full compliance with all the To Us terms of this Coverage Part;and If any person or organization to or for whom we (2)The action is brought within 2 years a tier the make payment under this Coverage Part has date of the"accident";or. rights to recover damages from another,those (3)We agree in writing that you have an rights are transferred to us to the extent of our payment. That person or organization must do obligation to pay for damage to Covered everything necessary to secure our rights and Property of others or until the amount of that must do nothing after loss to impair them. obligation has been determined by final j udgment or arbitration award. No one has g. Valuation the right under this policy to bring us into an (1)We will pay you the amount you spend to action to determine your liability. repair or replace your property directly d.Loss Payable Clause damaged by an"accident." Our payment will be the smallest of: (1)We will pay you and the loss payee shown in the Declarations for loss due to an"accident" (a) The Limit of Insurance; to an"obj ect",as interests may appear.The BM 00 25 02 91 Copyright,Insurance Services Offices,Inc. R131F 02/1991 Page 4 of 18 Boiler And Machinery Coverage Form (Continued) (b) The cost at the time of the"accident"to If a person or organization is designated in this repair the damaged property with Coverage Part as an additional insured,we will property of like kind,capacity,size and consider them to he an insured under this quality; Coverage Part to the extent of their interest. (c) The cost at the time of the"accident"to b. Bankruptcy replace the damaged property on the The bankruptcy or insolvency of you or your same site with other property: estate will not relieve us of an obligation under (i) Of like kind,capacity,size and this Coverage Part. quality;and c. Object Group (ii)Used for the same purpose; All"obj ects"in use or connected ready for use (d) The amount you actually spend that is and included in an"object"Group Definition nrrnsary to repair or replace the will be considered as individually described in damaged property. the Declarations. The premiums for"obj ects" (2)As respects any"obj ect,"if the cost of included in an"obj ect"Group Description will repairing or replacing only a part of the be adj usted as follows: "object"is greater than: (1) We will base the initial premium for these (a) The cost of repairing the"object";or "objects"on information we obtain. The rates charged will be those in effect on the (b) The cost of replacing the entire"object" first day of coverage. on the same site; We (2)We will charge an additional premium for will pay only the smaller of(a)or(b). "objects"that are added to the policy after The repair parts or replacement"object" the effective date of this policy.The must be: additional premium for these"obj ects"will (c) Of like kind,capacity,size and quality; be computed pro rata. and (3)We will allow a return premium for (d) Used for the same purpose. "objects"that are removed from the policy (3)We will not pay you: after the effective date of the policy.The return premium will be computed pro rata (a) If the loss or damage is to property that is from the time the"obj ects"are disconnected. obsolete or useless to you;or d. Policy Period,Coverage Territory (b) For any extra cost if you decide to repair Under this Coverage Part: or replace the damaged property with property of a better kind or quality or of (1)The"accident"must occur: larger capacity. (a) During the Policy Period shown in the (4)If you do not repair or replace the damaged Declarations;and property within 18 months after the date of (b) Within the coverage territory. the"accident,"then we will pay only the (2)The coverage territory is: smaller of the: (a) The United States of America;and (a) Cost it would have to ken to repair;or (b) Puerto Rico. (b) Actual cash value; e. Concealment,Misrepresentation or Fraud at the time of the"accident." This Coverage Part is void in any case of fraud Paragraph(4)does not apply to any time period beyond the 18 months that we agree by you relating to it.a It is also void if you intentionally conceal or misrepresent a material to in writing. fact concerning: 2. General Conditions (1)This Coverage Part; a. Additional Insured BM 00 25 02 91 Copyright,Insurance Services Offices,Inc. R131F 02/1991 Page 5 of 18 Boiler And Machinery Coverage Form (Continued) (2)The Covered Property;or e. Breakdown of any electronic computer or (3) Your interest in the Covered Property. electronic data processing equipment; f. Suspension f. Breakdown of any structure or foundation supporting the"object"or any of its parts;or Whenever an"obj ect"is found to be in,or g. The functioning of any safety or protective exposed to,a dangerous condition,any of our representatives may immediately suspend the device. insurance against loss from an"accident"to that Turbine Units may have a separate definition of "object." This can be done by delivering or "accident."If so,refer to the Declarations for the mailing a written notice of suspension to: appropriate accident definition. (1)Your last known address;or If a strike,riot,civil commotion,act of sabotage or (2)The address where the"obj ect"is located. vandalism results in an"accident,"this insurance applies. However,the War and Military Action Once suspended in this way,your insurance can Exclusion and the conditions of this Coverage Part be reinstated only by an endorsement for that still apply. "obj ect." 2. "Object"means the equipment shown in the If we suspend your insurance,you will get a pro Declarations.Full description of specific"object" rata refund of premium for that"object."But the categories are found in the Object Definitions suspension will be effective even if we have not endorsement attached to this Coverage Form. yet made or offered a refund. 3. "One Accident"means: F. DEFINITIONS If an initial"accident"causes other"accidents"all 1."Accident"means a sudden and accidental will be considered"one accident."All"accidents"at breakdown of the"object"or a part of the"object." any one location that manifest themselves at the At the time the breakdown occurs,it must manifest same time,and are the result of the same cause will itself by physical damage to the"object"that be considered"one accident." necessitates repair or replacement. 4. "Suit"means a civil proceeding and includes: None of the following is an"accident": a. An arbitration proceeding in which damages are a. Depletion,deterioration,corrosion or erosion; claimed and to which you must submit or do b. Wear and tear; submit with our consent;or c. Leakage at any valve,fitting,shaft seal,gland b. Any other alternative dispute resolution packing,joint or connection; proceeding in which damages are claimed and to d. Breakdown of any vacuum tube,gas tube or which you submit with our consent. brush; BM 00 25 02 91 Copyright,Insurance Services Offices,Inc. R131F 02/1991 Page 6 of 18 Common Policy Conditions All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION D. INSPECTIONS AND SURVEYS 1. The first Named Insured shown in the Declarations We have the right but are not obligated to: may cancel this policy by mailing or delivering to us 1.Make inspections and surveys at any time; advance written notice of cancellation. 2.Give you reports on the conditions we find;and 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of 3.Recommend changes. cancellation at least: Any inspections,surveys,reports or recommendations a. 10 days before the effective date of cancellation relate only to insurability and the premiums to be if we cancel for nonpayment of premium;or charged. We do not make safety inspections. We do not undertake to perform the duty of any person or b. 30 days before the effective date of cancellation organization to provide for the health or safety of if we cancel for any other reason. workers or the public. And we do not warrant that 3. We will mail or deliver our notice to the first Named conditions: Insured's last mailing address known to us. 1.Are safe or healthful;or 4. Notice of cancellation will state the effective date of 2.Comply with laws,regulations,codes or standards. cancellation. The policy period will end on that date. This condition applies not only to us,but also to any 5. If this policy is cancelled,we will send the first rating,advisory,rate service or similar organization which makes insurance inspections,surveys,reports or Named Insured any premium refund due. If we recommendations. cancel,the refund will be pro rata. If the first Named Insured cancels,the refund may be less than E. PREMIUMS pro rata. The cancellation will be effective even if The first Named Insured shown in the Declarations: we have not made or offered a refund. I.Is responsible for the payment of all premiums;and 6. If notice is mailed,proof of mailing will be sufficient 2.Will be the payee for any return premiums we pay. proof of notice. F. TRANSFER OF YOUR RIGHTS AND DUTIES B. CHANGES UNDER THIS POLICY This policy contains all the agreements between you Your rights and duties under this policy may not be and us concerning the insurance afforded. The first transferred without our written consent except in the Named Insured shown in the Declarations is authorized case of death of an individual named insured. to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived If you die,your rights and duties will be transferred to only by endorsement issued by us and made a part of your legal representative but only while acting within this policy the scope of duties as your legal representative. Until your legal representative is appointed,anyone having C. EXAMINATION OF YOUR BOOKS AND proper temporary custody of your properly will have RECORDS your rights and duties but only with respect to that We may examine and audit your books and records as property. they relate to this policy at any time during the policy period and up to three years afterward. IL 00 17 11 85 Copyright,Insurance Services Offices,Inc. R131F 02/1991 Page 7 of 18 Calculation of Premium The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 11 85 Copyright,Insurance Services Offices,Inc. RI3IF 02/1991 Page 8 of 18 Object Definitions No. 1 - Pressure and Refrigeration Objects This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. 1. BOILERS,FIRED VESSELS AND ELECTRIC e. An"obj ect"using a heat transfer medium other than STEAM GENERATORS water or steam will be covered as though the a. "Obj ect"means: medium were water or steam. Any boiler,fired vessel or electrical steam generator 2. UNFIRED VESSELS shown in the Declarations and includes any: a. "Object"means any unfired vessel shown in the (1) Steel economizer used solely with them; Declarations.However,"obj ect"does not include any: (2)Steam boiler piping,valves,fittings,traps and separators; (1)Electric steam generator; but only if they: (2)Part of a vessel that is not under: (a) Are on your premises or between parts of (a) Pressure of the contents of the vessel;or your premises;and (b) Internal vacuum; (b) Contain steam or its condensate generated in (3)Insulating or refractory material; whole or in part in an"obj ect";and (4)Reciprocating or rotating apparatus within or (3)Feed water piping between any steam boiler and forming a part of the vessel; a feed pump or inj ector. (5)Electrical apparatus within or forming a part of b. "Obj ect"does not mean: the vessel; (1)My part not containing steam or water; (6)Piping leading to and from the vessel; (2)My boiler setting; (7)Buried vessels or piping; (3)My insulating or refractory material; (8)Cylinder containing a movable plunger or (4)My piping not containing steam or steam piston;or condensate; (9)Vessel,radiator,inductor,convector or coil (5)My buried piping; connected to or used with a refrigerating or air conditioning system. (6)Piping,radiators,coils,vessels or apparatus, other than those included above; b. We will consider that the-connected ready for use- (7)My reciprocating or rotating machine;or requirement of this Coverage Form and its endorsements has been met by any"object"in this (8)My electrical apparatus. section if that"obj ect"is: c. My of the following vessels listed below are (1)Periodically filled,moved,emptied and refilled included within the provisions of this section when in the course of its normal service;and used with an"obj ect": (2)Used for storage of gas or liquid. (1)Condensate return tank; 3. REFRIGERATING AND AIR CONDITIONING (2)Cushion or expansion tank used with a hot water VESSELS AND PIPING heating boiler;and a. "Object"means any refrigerating or air conditioning (3)Indirect water heater tank used for hot water vessel and piping shown in the Declarations supply service but only if it: consisting of: (a) Is directly in the water circulating system of (1)Interconnected vessels,coils and piping that the"object"it is used with;and contain refrigerant; (b) Does not form part of a storage water tank. (2)Vessels heated directly or indirectly that: d. For any boiler or fired vessel,the furnace of the (a) Form part of an absorption type system;and "obj ect"and the gas passages from there to the (b) Function as a generator,regenerator or atmosphere will be considered as outside the concentrator;and "object." (3)Valves and fittings. BM 00 26 11 85 Copyright,Insurance Services Offices,Inc. R131F 02/1991 Page 9 of 18 Object Definitions No. 1 - Pressure and Refrigeration Objects (Continued) When the"object"is an absorption system,it also 5. SMALL COMPRESSING AND includes hermetic solution pumps,hermetic REFRIGERATING UNITS evaporator refrigerant pumps and purge pumps(or a. "Obj ect"means any small compressing or compressors)together with their driving electric refrigerating unit shown in the Declarations(not motors. over 15 h.p.-maximum nameplate rating). If the Declarations show-Additional Vessels and b. However,"object"does not include any wiring or Piping Included-"object"will also include: piping leading to and from the unit. (4)Vessels,radiators,coils and all interconnecting 6. AIR CONDITIONING UNITS piping along with their valves and fittings that are connected to or used with the system and a. "Object"means any air conditioning unit shown in within which steam,water,brine or other the Declarations(not over 600,000 Btu per hour- solution is circulated for cooling,humidity maximum nameplate rating)and including any: control or space heating. (1)Interconnected vessels,radiators,inductors, When a vessel uses a heat transfer medium other convectors and coils that make use of a than water or steam,we will consider the refrigerant,steam,water,brine or other solution medium or its vapor as substitutes for the words and form part of the unit; -water or steam-as used in this section. (2) Interconnecting piping,valves and fittings containing only a refrigerant,water,brine or b. However,"object"does not include any: (1)Boiler; other solution; (3) Vessels heated directly or indirectly that: (2) Steam piping; (a) Form part of an absorption type unit;and (3)Reciprocating or rotating machine or apparatus; (4)Electrical apparatus except as included in (b) Function as a generator,regenerator or paragraph(3)above; concentrator; (5)Electronic computer or electronic data (4)Compressors,pumps,fans and blowers used processing equipment as well as any hose, solely with the unit together with their driving electric motors;and flexible device or non-metallic pipe connected to such apparatus; (5)Control equipment used solely with the unit. (6)Vessel,cooling tower,r eservoir or other source b. However,"object"does not include any: of supply of cooling water for a condenser or (1)Boiler; compressor as well as any water piping leading (2) Steam piping; to or from such a source of supply;or (7)Buried vessels orpiping. (3)Vessels,cooling tower,reservoir or other source of supply of cooling water for a condenser or 4. AUXILIARY PIPING compressor,or water piping leading to or from a. "Object"means any piping shown in the such a source of supply; Declarations including any valve,fitting,trap or (4)Wiring or piping leading to or from the unit;or separator on the piping. (5)Electronic computer or electronic data b. However,"object"does not include any: processing equipment. (1)Radiator,convector,coil or other vessel or apparatus connected to that piping;or (2)Buried piping. BM 00 26 11 85 Copyright,Insurance Services Offices,Inc. R131F 02/1991 Page 10 of 18 Object Definitions No. 2 - Mechanical Objects This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. 1. DEEP-WELL PUMP UNITS a. "Object"means any machine shown in the a. "Obj ect"means any deep-well pump unit shown in Declarations including any: the Declarations including any: (1)Auxiliary or control apparatus mounted on that (1)Nonrotating equipment used solely to start,stop machine or the bed or frame of that machine; or control the driving electric motor of the unit; (2)Auxiliary electric motor or other apparatus used and solely to rotate that machine for starting or (2) Electrical conductors connecting the equipment maintenance purposes; and motor. (3) Lubricating oil pump or fuel pump and its b. However,"obj ect"does not include any: driving electric motor if used solely for that machine;and (1)Other electrical conductor; (4) When the machine is a reciprocating pump or a (2)Electronic computer or electronic data reciprocating compressor and: processing equipment; (a) Forms an integral part of a steam engine or (3)Piping leading to or from the unit; internal combustion engine;or (4)Mechanism,appliance or shaft connected to the (b) Is connected to such an engine by a co upling unit;or clutch or gear set;then (5)Well casing. (c) "Object"also includes the driving engine and 2. MISCELLANEOUS MACHINES,GEAR any interconnecting coupling,clutch or gear WHEELS AND ENCLOSED GEAR SETS set. a. "Object"means any machine shown in the b. However,"object"does not include any: Declarations including any control apparatus (1)Apparatus connected to the machine,other than mounted on that machine. auxiliary or control apparatus included under b. However,"object"does not mean any: paragraph a.(1)above; (1)Mechanism or other apparatus connected to the (2)Electrical apparatus other than electric motor machine other than control apparatus included included under paragraphs a(2)and(3)above; above; (3)Air tank; (2)Shaft on which a machine described as a gear (4)Electronic computer or electronic data wheel is mounted or the bearings on any such processing equipment; shaft; (3)Electrical apparatus; (5)Condenser or its adapter; (6)Piping or duct leading to or from the machine;or (4)Electronic computer or electronic data 7 Well casin processing equipment unless used solely to ( ) g• govern or control the machine; 4. WHEEL AND SHAFTING (5)Felt,wire,screen,die,extrusion plate,swing "Object"means any wheel(except gear wheels)or shaft hammer,grinding disc,cutting blade,chain,belt, shown in the Declarations including any: clutch plate,brake pad,or any part or tool a. Rotating part or parts of any wheel,pulley,disc or subj ect to frequent,periodic replacement;or coupling excluding the shaft it is mounted on,the (6)Piping or duct leading to or from the machine. bearings for that shaft and any cutting blade;and 3. ENGINES,PUMPS,COMPRESSORS,FANS AND b. Rotating shaft and its couplings and bearings. BLOWERS BM 00 27 11 85 Copyright,Insurance Services Offices,Inc. R13IF 02/1991 Page 11 of 18 Object Definitions No. 3- Electrical Objects This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. 1. ROTATING ELECTRICAL MACHINES, 2. MISCELLANEOUS ELECTRICAL APPARATUS TRANSFORMERS AND INDUCTION FEEDER a. "Object"means any electrical apparatus shown in REGULATORS the Declarations including any: a. "Obj ect"means any rotating electrical machine, transformer or induction feeder regulator shown in (1)Rotating electrical machine used solely to operate a part of the apparatus;and the Declarations.For rotating electrical machines, "object"also includes any: (2)Instrument transformer. (1) Exciter that is: b. However,"obj ect"does not include any: (a) Mechanically connected to that machine;and (1) Rotating electrical machine other than a machine included above; (b) Used solely for excitation of that machine; (2)Transformer other than an instrument (2) Shaft of that machine and any gear,wheel or transformer included above; magnetic brake mechanism on the shaft or on the frame of that machine,if the shaft does not form (3) Induction feeder regulator; an integral part of any other machine; (4)Electronic computer or electronic data (3)Continuous shaft that: processing equipment; (a) Forms an integral part of that machine;and (5) Solid state rectifier unit; (b) Also forms an integral part of another (6)Conduit; rotating electric machine including any gear, (7)Electrical conductor or piping leading to or from wheel or magnetic brake mechanism on the such apparatus;or shaft or on the frame of that machine; (8)Cabinet or compartment in which any part of the (4) Shaft coupled to that machine including the apparatus is installed. couplings and bearings on it,if there is no 3. SOLID STATE RECTIFIER UNITS mechanism other than a coupling on the shaft; and a. "Object"means any solid state rectifier unit shown in the Declarations including any: (5)Nonrotating equipment used solely to start,stop or control any motor shown in the Declarations (1)Rectifier; including all electrical conductors connecting (2)Transformer used solely with the unit,other than such equipment with that motor provided that an arc-furnace transformer; control equipment does not form a part of a (3)Heat exchanger used solely with the unit switchboard,cubicle or bus structure controlling together with its interconnected vessels,coils any electrical machine other than the motor. and piping; b. However,"object"does not include any: (4)Cooling fan or pump and its driving electric (1)Electrical conductor or piping leading to or from motor if used solely with the unit;and the"obj ect";or (5)Electrical conductors connecting parts of the (2) Electronic computer or electronic data unit. processing equipment. b. However,"obj ect"does not mean any: (1)Electrical conductor or piping leading to or from the unit; (2)Electronic computer or electronic data processing equipment; (3)Equipment or apparatus other than that listed in paragraphs a(1)through(5)above;or (4)Cabinet or compartment on or in which any part of the unit is installed. BM 00 28 11 85 Copyright,Insurance Services Office,Inc. R131F 02/1991 Page 12 of 18 Object Definitions No. 4 - Turbine Objects This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. 1. TURBINES c. When the word-BREAKDOWN-is shown in the a. "Obj ect"means any turbine unit shown in the Declarations,the following definition of"accident" Declarations including any: applies to those units: (I)Turbine; "Accident"means a sudden and accidental (2) Combustor,precooler,intercooler,regenerator, or breakdown of the"obj ect"or a part of the"obj ect." At the time the breakdown occurs,it must manifest heat exchanger of a gas turbine unit; itself by physical damage to the"object"that (3) Electric generator,pump,compressor,fan,blower, necessitates repair or replacement. wheel or gear on: None of the following is an"accident": (a) Any shaft of the driving turbine or turbines;or (1)Depletion,deterioration,corrosion or erosion; (b) A shaft connected to any of the driving turbines by a (2) Wear and tear; coupling,clutch or gear set; (3)Leakage at any valve,fitting,shaft seal,gland (4)Mechanical or hydraulic governing mechanism together with any electric motor used solely with the packing,j oint or connection; governing mechanism; (4)Breakdown of any vacuum tube,gas tube or brush; (5)Auxiliary apparatus mounted on the unit or the bed or frame of the unit; (5) Breakdown of any electronic computer or electronic data processing equipment; (6) Lubricating oil pump,fuel pump or pump for circulating coolant,if used solely for the unit and (6)Breakdown of any structure or foundation any machine driving such a pump; supporting the"object"or any of its parts; (7) Auxiliary electric motor,steam turbine or other (7)The functioning of any safety or protective apparatus used solely to rotate the driving turbine or device;or turbines for starting or maintenance purposes; (8)The cracking of any part of a gas turbine (8)Apparatus used solely to scavenge a gas turbine exposed to the products of combustion. unit; d. When the word-EXPLOSION-is shown in the (9)Shaft that forms a part of the unit or connects parts Declarations the following definition of"accident" of the unit together with any coupling,clutch applies to those units. bearing,gear or gear set on such a shaft;and "Accident"means a sudden and accidental: (10)Interconnecting wiring,piping or ducts between (1)Tearing asunder of any casing,combustor,duct, parts of the unit and mounted on the unit. piping,precooler,intercooler,regenerator,or b. "Object"does not include any: heat exchanger,forming a part of a gas turbine, caused by pressure of gas,liquid or vapor (1)Machine or other apparatus other than those therein,but not the tearing asunder of any included in paragraphs a(1)through(10)above; gasket,rupture disc,shaft seal or seal strip;and (2)Electronic computer or electronic data cracking does not mean tearing asunder; processing equipment; (2)Breaking of the casing of any driving turbine,or (3)Wiring,piping or ducts leading to or from the the casing of any driven compressor or any unit; auxiliary turbine of the"object,"into two or (4)Condenser,its connecting pipe or adapter; more separate parts,but not the breaking of any (5)Penstock or draft tube;or gasket,rupture disc,shaft seal,seal strip or diaphragm;or (6)Boiler using exhaust gases from any gas turbine (3) Breaking of any spindle,rotor or shaft of the unit. "object,"into two or more separate parts,but There are two definitions of"accident"for turbine not the breaking of any blade,bucket or vane units: whether or not it forms a part of such spindle, rotor or shaft,of any shroud ring or other BM 00 29 11 85 Copyright,Insurance Services Office,Inc. R131F 02/1991 Page 13 of 18 Object Definitions No. 4 - Turbine Objects (Continued) fastening,or of any gear or coupling,nor the repair or replacement is made necessary as a result loosening of any assembled parts,nor the of an"accident"to,an"obj ect." breaking or loosening of any electrical "Accident"does not mean: conductor,or its insulation,or of any band wire, retaining ring wedge,or their fastenings. (1)Depletion,deterioration,corrosion or erosion of material; We will not pay for the repair or replacement of any electrical conductor or its insulation,or of any band (2) Wear and tear;or wire,retaining ring,wedge,or their fastening,if that (3)The breaking of any structure or foundation supporting the"object"or any part of the"object." BM 00 29 11 85 Copyright,Insurance Services Office,Inc. R131F 02/1991 Page 14 of 18 Object Definitions No. 5 - Comprehensive Coverage (Excluding Production Machines) This endorsement changes the Boiler and Machinery Policy or Coverage Part. Please read it carefully. 1. COMPREHENSIVE(excluding production (10)Power shovel,dragline,excavator,vehicle, machines): aircraft,floating vessel or structure,penstock, a. "Obj ect"means any: draft tube or well casing; (I)Boiler,fired vessel,unfired vessel normally (11)Conveyor,crane,elevator,escalator or hoist, subj ect to vacuum or internal pressure other but not excluding any electrical machine or than weight of its contents,refrigerating and air electrical apparatus mounted on or used with conditioning vessels,and any metal piping and this equipment; its accessory equipment; (12)Electronic computer or electronic date (2) Mechanical or electrical machine or apparatus processing equipment,unless used to operate one used for the generation,transmission or or more insured"objects"; utilization of mechanical or electrical power. (13)Media used with any electronic computer or (3) Any of the following vessels listed below are electronic data processing equipment; included within the provisions of this section (14)Machine or apparatus that is used for research, when used with an"object": medical,diagnostic,surgical,dental or (a) Condensate return tank;and pathological purposes; (b) Cushion or expansion tank used with a hot (I5)Felt,wire,screen,die,extrusion,plate,swing water heating boiler. hammer,grinding disc,cutting blade,cable, b. "Object"does not mean any: chain,belt,rope,clutch plate,brake pad,non- metallic part or any part or tool subject to (1) Part of a boiler,fired vessel or electric steam frequent,periodic replacement; generator that does not contain steam or water; (16)Production or process machine or apparatus that (2)Insulating or refractory material; processes,forms,cuts,shapes,grinds,or conveys (3)Non-metallic vessel,unless it is constructed and raw materials,materials in process or finished used in accordance with the American Society of products.But,"object"does mean any: Mechanical Engineers(A.S.M.E.)Code; (a) Pressure vessel or vacuum vessel,described (4)Catalyst; in paragraph a.above,other than any (5)Buried vessel or piping; cylinder containing a movable plunger or piston; (6) Sewer piping,piping forming a part of a fire (b) Pump,compressor,fan,or blower that protection system or water piping other than: conveys raw materials,materials in process (a) Feed water piping between any boiler and its or finished products; feed pump or injector; (b) Boiler condensate return piping; (c) Separate enclosed gear set connected by a or coupling,clutch or belt;or (c) Water piping forming a part of refrigerating (d) Separate driving electrical or mechanical and air conditioning vessels and piping used machine connected by a coupling,clutch or for cooling,humidifying or space heating heft. purposes; 17 "Ob ect"manufactured( ) j by you for sale. (7)Part of a vessel that is not under: c. For any boiler or fired vessel,the furnace of the (a) Pressure of the contents of the vessel;or "obj ect"and the gas passages from there to the (b) Internal vacuum; atmosphere will he considered as outside the (8) Oven,stove,furnace,incinerator,pot or kiln; "obj ect." (9) Structure,foundation,cabinet or compartment d. When a vessel uses a heat transfer medium other containing the"object"; than water or steam we will consider the medium BM 00 30 02 91 Copyright,Insurance Services Office,Inc. R13IF 02/1991 Page 15 of 18 Object Definitions No. 5 - Comprehensive Coverage (Continued) or its vapor as substitutes for the words-water or (1)Damage to media used with any electronic steam. computer or electronic data processing e. We will consider that the-connected ready for use- equipment;or requirement of the Coverage Form and its (2)Any indirect loss resulting from damage to that endorsements has been met by any"object"in this media. section if that"object"is: i. For any "object"covered by this endorsement, (1) Periodically filled,moved,emptied and refilled paragraph F.1.e.of the definition of"accident"in in the course of its normal service;and the BOILER AND MACHINERY COVERAGE (2)Used for storage of gas or liquid. FORM is replaced by the following: f For any gas turbine,"accident"does not include the Breakdown of any electronic computer or electronic cracking of any part of the"object"exposed to the data processing equipment,unless used to operate products of combustion. one or more insured"objects." g. We will not pay for loss or damage to any catalyst. h. We will not pay for: BM 00 30 02 91 Copyright,Insurance Services Office,Inc. R131F 02/1991 Page 16 of 18 Object Definitions No. 6 - Comprehensive Coverage (Including Production Machines) This endorsement changes the Boiler and Machinery Policy and Coverage Part. Please read it carefully. 1. COMPREHENSIVE(including production (10) Power shovel,dragline,excavator,vehicle, machines) aircraft,floating vessel or structure, a. "Obj ect"means any: penstock,draft tube or well-casing; (1)Boiler,fired vessel,unfired vessel normally (11) Conveyor,crane,elevator,escalator or hoist, subj ect to vacuum or internal pressure other but not excluding any electrical machine or than weight of its contents,refrigerating and air electrical apparatus mounted on or used with conditioning vessels,and any metal piping and this equipment; its accessory equipment; (12) Electronic computer or electronic data (2)Mechanical or electrical machine or apparatus processing equipment,unless used to operate used for the generation,transmission or one or more insured"obj ects"; utilization of mechanical or electrical power. (13) Media used with any electronic computer or (3)My of the following vessels listed below are electronic data processing equipment; included within the provisions of this section (14) Machine or apparatus that is used for when used with an"obj ect": research,medical,diagnostic,surgical, (a) Condensate return tank,and dental or pathological purposes; (b) Cushion or expansion tank used with a hot (15) Felt,wire,screen,die,extrusion,plate,swing water heating boiler. hammer,grinding disc,cutting blade,cable b. "Object"does not mean any: chain,belt,rope,clutch plate,brake pad, non-metallic part or any part or tool subj ect (1)Part of a boiler,fired vessel or electric steam to frequent,periodic replacement; generator that does not contain steam or water (16) "Object"manufactured by you for sale. (2)Insulating or refractory material; c. For any boiler or fired vessel,the furnace of the (3)Non-metallic vessel,unless it is constructed and "object"and the gas passages from there to the used in accordance with the American Society of atmosphere will be considered as outside the Mechanical Engineers(A.S.M.E.)Code; "obj ect." (4)Catalyst; d. When a vessel uses a heat transfer medium other (5)Buried vessel or piping; than water or steam we will consider the medium or its vapor as substitutes for the words-water or (6)Sewer piping,piping forming a part of a fire steam. protection system or water piping other than: between any boiler and its e. We will consider that the-connected ready for use- (a) Feed water piping feed pump or inn bet bet requirement of the Coverage Form and its endorsements has been met by any"object"in this (b) Boiler condensate return piping;or section if that"object"is: (c) Water piping forming a part of refrigerating (1)Periodically filled,moved,emptied and refilled and air conditioning vessels and piping used in the course of its normal service;and for cooling,humidifying or space heating (2)Used for storage of gas or liquid. purposes; f. For any gas turbine,"accident"does not include the (7)Part of a vessel that is not under: cracking of any part of the"object"exposed to the (a) Pressure of the contents of the vessel;or products of combustion. (b) Internal vacuum; g. We will not pay for loss or damage to any catalyst. (8)Oven,stove,furnace,incinerator,pot or kiln; h. We will not pay for: (9) Structure,foundation,cabinet or compartment (1)Damage to media used with any electronic containing the"object"; computer or electronic data processing equipment;or BM 01 31 02 91 Copyright,Insurance Services Offices,Inc. R131F 02/1991 Page 17 of 18 Object Definitions No. 6 - Comprehensive Coverage (Continued) (2)Any indirect loss resulting from damage to that media. i. For any"object"covered by this endorsement, paragraph F.1.e.of the definition of"accident"in the BOILER AND MACHINERY COVERAGE FORM is replaced by the following: Breakdown of any electronic computer or electronic data processing equipment,unless used to operate one or more insured"objects." BM 01 31 02 91 Copyright,Insurance Services Offices,Inc. R131F 02/1991 Page 18 of 18 Colorado Changes This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the Boiler and Machinery Coverage Form. A. Paragraph 2.of the Cancellation Common Policy D. The following condition is added: Condition is replaced by the following: Increase in Premium or Decrease in Coverage 2. If this policy has been in effect for less than 60 days, we may cancel this policy by mail-ing or delivering We will not increase the premium unilaterally or to the first Named Insured written notice of decrease the coverage benefits on renewal of this policy unless we mail through First-Class Mail written notice of cancellation at least: our intention,including the actual reason,to the first a. 10 days before the effective date of cancellation if Named Insured's last mailing address known to us,at we cancel for nonpayment of premium;or least 45 days before the effective date. b. 30 days before the effective date of cancellation if Any decrease in coverage during the policy term must be we cancel for any other reason. based on one or more of the following reasons: B. The following is added to the Cancellation Common 1. Nonpayment of premium; Policy Condition: 2. A false statement knowingly made by the insured on 7. Cancellation of policies in effect for 60 days or more the application for insurance;or a. If this policy has been in effect for 60 days or 3. A substantial change in the exposure or risk other more,or is a renewal of a policy we issue,we than that indicated in the application and may cancel this policy by mailing through first- underwritten as of the effective date of the policy class mail to the first Named Insured written unless the first Named Insured has notified us of the notice of cancellation: change and we accept such change. (1) including the actual reason,at least 10 If notice is mailed,proof of mailing will be sufficient days before the effective date of proof of notice. cancellation,if we cancel for nonpayment of premium;or (2) at least 45 days before the effective date of cancellation if we cancel for any other reason. We may only cancel this policy based on one or more of the following reasons: (1)nonpayment of premium; (2) a false statement knowingly made by the insured on the application for insurance; or (3) a substantial change in the expo-sure or risk other than that indi-cated in the application and under-written as of the effective date of the policy unless the first Named Insured has notified us of the change and we accept such change. C. The following is added and supersedes any other provision to the contrary: Nonrenewal If we decide not to renew this policy,we will mail through First-Class Mail to the first Named Insured shown in the Declarations written notice of the nonrenewal at least 45 days before the expiration date,or its anniversary date if it is a policy written for a term of more than one year or with no fixed expiration date. If notice is mailed,proof of mailing will be sufficient proof of notice. IL 02 28 04 98 Copyright,Insurance Services Office,Inc., 1997 ECP CO1 06/1998 Page 1 of 1 Colorado Changes This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the Boiler and Machinery Coverage Form. The Concealment,Misrepresentation or Fraud Condition is replaced by the following: Concealment,Misrepresentation or Fraud We will not pay for any loss or damage in any case of 1. Concealment or misrepresentation of a material fact;or 2. Fraud; Committed by you or any other insured("insured")at any time and relating to coverage under this policy. IL 01 69 04 98 Copyright,Insurance Services Office,Inc., 1997 ECP CO2 06/1998 Page 1 of 1 Hello