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Home My WebLink About000280.tiff CTSI Serving Colorado's Countics Colorado Counties Casualty & Property Pool Excess Property Insuring Agreement & Summary Available on-line at www.ctsi.orq Login to: Members only CAPP Insuring Agreements vooaso CT Colorado Counties Casualty and Property Pool 2012 Excess Property Policy Lexington Policy No. 020412751 Summaries are brief outlines of the coverages afforded under the insurance policies. Since summaries are for informational purposes only,they should not be construed to constitute the entire insurance contracts. As the policies may contain additional coverages and restrictions, the exact wording should be consulted. Brief Summary of Property Deductibles This information is provided to present counties with a simple overview of county deductibles in the pool. It does not provide information on limits. The pool insuring agreements contain actual coverages and limits. The county has a $500 deductible for property claims. The pool pays the next$149,500 of each claim CAPP's excess insurance carrier pays up to $100 million per property claim unless otherwise stated in the CAPP Insuring Agreements. CAPP provides up to $1 million of crime coverage (employee dishonesty, robbery, forgery, money) subject to a $500 deductible. IUDs = a Colorado Counties Casualty and Property Pool c/o CTSI Soo Grant Street, Ste 400 Denver, CO 80204 2012 Current Schedule of Insurance Policy Period: January 1, 2012 to January 1, 2014 Date Prepared: April 18, 2012 Prepared by: Arthur J. Gallagher Risk Management Services, Inc. 6399 South Fiddlers Green Circle,Suite 200 Greenwood Village,CO 80111 800.333.3231 303.773.0776(Fax) www.aierms.com IMPORT_1N"f: This summary is an outline of the coverages by the insurers. It does not include all the terms, coverages,exclusions, limitations,and conditions of the actual contract language The policies themselves must be read for those details. ty and Property Pool4.11 :a r' �Y�lf Named Insured Schedule (as of 1/1/2012) Colorado Counties Casualty and Property Pool including the following members: Alamosa Gilpin Otero Archuleta Grand Ouray Baca Gunnison Park Bent Hinsdale Phillips Chaffee Huerfano Prowers Cheyenne Jackson Pueblo Clear Creek Kiowa Rio Blanco Conejos Kit Carson Rio Grande Costilla Lake Routt Crowley La Plata Saguache Custer Las Animas San Juan Delta Lincoln San Miguel Dolores Logan Sedgwick Eagle Mineral Summit Elbert Moffat Teller Fremont Montrose Washington Garfield Morgan Weld Yuma Page I 1 fP, ( t ally and Property Pool war Excess Property — Lexington Carrier: Lexington Insurance Company (Non-Admitted Carrier) Policy Number: 020412751 Policy Period: January 1, 2012 to January 1, 2013 Named Insured: Colorado Counties Casualty and Property Pool, 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 Covered Property: Real &Personal Property, Automobile Physical Damage, and Equipment Breakdown and as per policy form Covered Locations: Refer to Statement of Values Policy Limits: Amounts Coverage $ 100,000,000 Per occurrence subject to following sublimits Sublimits(other than Equipment Breakdown): 1 $ 25,000,000 In the Aggregate for any one policy year of Earthquake $ 5,000,000 In the Aggregate for any one policy year for Flood loss in Zones A, AO, AE, AH, A1-30, A99, AR $ 50,000,000 In the Aggregate for any one policy year for all Other Flood Combined $ 10,000,000 Newly acquired property, per location are to be reported to the Company within 90 days of acquisition $ 5,000,000 Builders' Risk, renovations, repairs made by the Insured at any location (including new locations with total contract cost under $5,000,000) within the territorial limits of the policy, any one occurrence $ 1,000,000 Builder's Risk Soft Costs/Additional Expenses; $500,000 any unscheduled location, any one occurrence $ 50,000 Personal Property of Others while on the Insured's property $ 1,000,000 Miscellaneous Unnamed Locations $ 1,000,000 Errors and Omissions Subbirds are part of and not in addition to the Policy Limit of Liability. These Sublimity do not increase the Poky Limit of Lability or any other Subbing: All Sublimity are Per Occurrence unless otherwise indicated Page 1 2 ualty and Property Pool fur k Excess Property - Lexington (Continued) Sublimits(other than Equipment Breakdown) (Cont'd): $ 10,000,000 Ordinance Deficiency $ 10,000,000 Extra Expense— No monthly limitation based on period of restoration as defined in the policy $ 1,000,000 Property In Transit $ 25,000 In the Aggregate Pollution Clean Up and Removal, each County listed as a Named Insured $ 25,000 Mold/Fungus Exclusion with exception Endorsement Equipment Breakdown Limits: Amounts Coverages $ 100,000,000 Per Accident(as defined in policy) Sublimits: $ 1,000,000 Extra Expense $ 5,000,000 Builder's Risk $ 1,000,000 Expediting Expense $ 1,000,000 Hazardous Substances $ 1,000,000 Spoilage (includes Ammonia Contamination) Included Water Damage $ 500,000 Data Restoration $ 2,500,000 Ordinance Deficiency Excluded Business Income $ 5,000,000 Newly Acquired Locations-90 Day Reporting $ 25,000 Mold/Fungus- Named Perils Deductible Amounts Coverages $ 150,000 Per Occurrence except $ 5,000 Equipment Breakdown/ Per Accident except $ 10,000 Equipment Breakdown Per Accident for the Snake River Water Treatment Facilities in Dillon, CO Covered Perils: Direct Physical Loss except where specifically excluded Manuscript Property Form Coinsurance: None Page 13 ally and Property Pool ';r► SIIP Excess Property - Lexington (Continued) Valuations: Real & Personal Property at Replacement Cost and/or Per Policy Form Vehicle Damage and Mobile Equipment Damage- Actual Cash Value Time Element at Actual Loss Sustained Terms/Conditions: • Occurrence Limit of Liability Endorsement— Clause 2b Deleted • Pollution, Contamination, Debris Removal Exclusion Endorsement • Standard Property Conditions • Combined Property/B&M Millennium Endorsement ▪ Mold/Fungus Exclusion with Named Peril Sublimit • Property Endorsement(Data Corruption Exclusion) • Terrorism Exclusion—Certified and Non-Certified Acts • Notice of Cancellation is 90 days except 10 days for non-payment of premium • Soft Costs/Additional Expense Endorsement Policy Territory: • Property located within the 50 United States Exclusions Indude but • Crime, Employee Dishonesty are not Limited to: • Pollution, Mold or Fungus(except where specifically provided in the policy or by specific endorsement) • Business Income/Rental Value • Nuclear • Inventory shortage, mysterious disappearances Minimum Earned Premium: 25% Page 14 c suety and Property Pool eat p:4 S jSP Excess Property - Lexington (Continued) Claims Reporting CTSI as Claims Administrator for CAPP is to report claims when claim reaches 50% Instructions: of the Deductible or if a serious catastrophic claim such as fire, flood, earthquake, etc. Claims are to be reported to: Lexington Insurance Company C/o Chards Domestic Claims, Unit II 101 Hudson Street, 20th Floor Jersey City, NJ 07302 Easylink Fax: 866-947-1331 Main Fax: 201-631-5060 Alternate Fax: 201-631-5024 Parsippanycommercialpropertv@chartisinsurance.com Copies of any claims are also to be sent to: Arthur J. Gallagher Risk Management Services, Inc. 6399 S. Fiddler's Green Circle, Ste 200 Greenwood Village, CO 80111 Att: Kendall Trump Voice Mail: 303-889-2570 Direct E-Mail: kendall trump@aiq.com Claims E-mail: AJGDenverClaimspaig.com Claims Fax Number: 303-220-7010 Page 15 C S Colorado Counties Casualty and Property Pool 2012 Excess Property Policy Lexington Policy No. 020412751 Summaries are brief outlines of the coverages afforded under the insurance policies. Since summaries are for informational purposes only, they should not be construed to constitute the entire insurance contracts. As the policies may contain additional coverages and restrictions, the exact wording should be consulted. Brief Summary of Property Deductibles This information is provided to present counties with a simple overview of county deductibles in the pool. It does not provide information on limits. The pool insuring agreements contain actual coverages and limits. The county has a $500 deductible for property claims. The pool pays the next$149,500 of each claim CAPP's excess insurance carrier pays up to $100 million per property claim unless otherwise stated in the CAPP Insuring Agreements. CAPP provides up to $1 million of crime coverage (employee dishonesty, robbery, forgery, money) subject to a $500 deductible. LEXINGTON INSURANCE COMPANY Administradve 0ffices:100 Summer Street, Boston, Massachusetts 02110-2103 (hereinafter called the Company) COMMERCIAL PROPERTY POLICY DECLARATIONS POLICY NUMBER: 020412751 RENEWAL OF: 020412751 ITEM 1. Named Insured: COLORADO COUNTIES CASUALTY AND PROPERTY POOL Address: C/O CTS I 800 GRANT ST, SUITE 400 DENVER, CO 80203 ITEM 2. Policy Period: From 01/01/2012 To 01/01/2013 at 12:01 AM. Standard Time at the address of the named insured shown above. ITEM 3. Limit of Insurance: $100,000,000 PER OCCURRENCE SUBJECT TO THE SUBLIMITS AS PER POLICY FORM Total Premium $853,300 Minimum Earned Premium $213,325 ITEM 4. Perils: ALL RISK OF DIRECT PHYSICAL LOSS OR DAMAGE INCLUDING FLOOD, EARTHQUAKE AND EQUIPMENT BREAKDOWN ITEM 5. Description of Property Covered: Coinsurance REAL AND PERSONAL PROPERTY, AUTOMOBILE PHYSICAL DAMAGE AND AS PER POLICY FORM ITEM 6. Mortgagee Clause: Loss, if any shall be payable to: ITEM 7. Forms Attached: See attached forms schedule PRPDEC (Ed.01191) Authorized Representative OR LX1119 Countersignature (In states where applicable) CAPP Excess Property Page 1 POLICYHOLDER NOTICE Thank you for purchasing insurance from the Chartis companies. Chartis insurance companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by Chartis insurance companies to brokers and independent agents in the United States by visiting our website at www.chartisinsurance.com/producercompensation or by calling 1-800-706-3102. 91222 (12/09) CAPP Excess Property Page 2 LEXINGTON INSURANCE COMPANY Administrative Offices: 100 Summer Street, Boston, Massachusetts 02110-2103 (hereinafter called the Company) COMMERCIAL PROPERTY POLICY DECLARATIONS LEXINGTON INSURANCE COMPANY Notice to Colorado Policyholders This contract is delivered as surplus line insurance under the 'Nonadmitted Insurance Act.' The insurer issuing this contract is not admitted in Colorado but is an approved nonadmitted insurer. There is no protection under the provisions of the 'Colorado Insurance Guaranty Association Act.' If this policy Is written on a claims-made basis, the following applies: This policy is a claims-made policy which provides liability coverage only if a claim is made during the policy period or any applicable extended reporting period. Colorado Fraud Warning It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. My insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. PRPDEC (Ed.01/91) LX1119 CAPP Excess Property Page 3 FORMS SCHEDULE Named Insured: COLORADO COUNTIES CASUALTY AND PROPERTY POOL Policy No: 020412751 Effective Date: 01/01/2012 Form Number Edition Date Endorsement Number Titie PRPDEC 01/91 PROPERTY DEC PRFIRS 01/91 FIRE SCHEDULE PR9014 08/06 OCCURRENCE LIMIT OF LIABILITY PR9015 08/06 POLLUTION CONTAMINATION FORM PR9019 01/94 STANDARD PROPERTY CONDITIONS 96554 04/08 TERRORISM EXCLUSION PR9514 09/02 PROPERTY ENDORSEMENT PR9885 11/05 COVERAGE TERRITORY END Y69813 02/98 COMB. PROP/B&M MILLENNIUM END M/S FORM MANUSCRIPT FORM ENDT A NAMED INSURED END ENDT B SOFT COSTS/ADDITIONAL EXP END ENDT C AMENDMENT TO END PR9014 LX9512NPS ENDT D MOLD/FUNGUS EXCL WITH NAMED PERIL SUBLIMIT DOCo16(Ed. 12/87) I X0795 CAPP Excess Property Page 4 FIRE Schedule of Covered Locations Policy Number: 020412751 Issued to: COLORADO COUNTIES CASUALTY AND PROPERTY POOL Description of Premises Limit Percent of Coins LOCATED PER SCHEDULE OF VALUES ON FILE PER POLICY FORM WITH LEXINGTON INSURANCE COMPANY AND ENDORSEMENTS PRFIRS(Ed.01/91) CAPP Excess Property Page 5 Page 1 of 1 OCCURRENCE LIMIT OF LIABILITY ENDORSEMENT It is agreed that the following special terms and conditions apply to this policy: 1. The limit of liability or Amount of Insurance shown on the face of this policy, or endorsed on this policy, is the total limit of the Company's liability applicable to each occurrence, as hereafter defined. Notwithstanding any other terms and conditions of this policy to the contrary, in no event shall the liability of the Company exceed this limit or amount irrespective of the number of locations involved. The term "occurrence" shall mean, any one loss, disaster, casualty, or series of losses, disasters, or casualties, arising out of one event When the term applies to loss or losses from the perils of tornado, cyclone, hurricane, windstorm, hail, flood, earthquake, volcanic eruption, riot, riot attending a strike, civil commotion, vandalism and malicious mischief, or terrorism, one event shall be construed to be all losses arising during a continuous period of 72 hours. When filing proof of loss, the Insured may elect the moment at which the 72 hour period shall be deemed to have commenced, which may not be earlier than the time when the first loss to covered property occurs. 2. The premium for this policy is based upon the Statement of Values provided to the Insurer(s) by or on behalf of the Insured and kept on file by the Insurer(s). In the event of loss under the policy, the liability of the Insurer(s) shall be limited to the least of the following: a.) The actual adjusted amount of loss, less applicable deductible(s); b.) As respects each location insured by this Policy, REFER TO ENDORSEMENT C percent of the total combined stated values for all categories of covered property (e.g. building, contents) and other covered exposures (e.g., business income, extra expense, rental loss), shown for that location on the latest statement of values or other documentation on file with the insurer. c.) My other Limit of liability or Sublimit of Insurance or Amount of Insurance specifically stated in this policy to apply to any particular insured loss or coverage or location. PR9014(08/06) CAPP Excess Properly Page 6 POLLUTION, CONTAMINATION, DEBRIS REMOVAL EXCLUSION ENDORSEMENT 1. Property Not Covered This policy does not cover land, land values or water. 2. Pollution and Contamination Exclusion. lossdamage caused by, contributed to or made worse This policy does not cover or resulting from, by actual, alleged or threatened release, discharge, escape or dispersal of CONTAMINANTS or POLLUTANTS, all whether direct or indirect, proximate or remote or in whole or in part caused by, contributed to or aggravated by any physical damage insured by this policy. Nevertheless, if fire is not excluded from this policy and a fire arises directly or indirectly from seepage or contamination or pollution, any loss or damage insured under this policy arising directly from that fire is insured, subject to the provisions of this policy. CONTAMINANTS or POLLUTANTS means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, which after its release can cause or threaten damage to human health or human welfare or causes or threatens damage, deterioration, loss of value, marketability or loss of use to property insured hereunder, including, but not limited to, bacteria, virus, or hazardous substances as listed in the Federal Water, Pollution Control Act, Clean Air Act, Resource Conservation and Recovery Act of 1976, and Toxic Substances Control Act or as designated by the U. S. Environmental Protection Agency. Waste includes materials to be recycled, reconditioned or reclaimed. This exclusion shall not apply when loss or damage is directly caused by fire, lightning, aircraft impact, explosion, riot, civil commotion, smoke, vehicle impact, windstorm, hail, vandalism, malicious mischief. This exclusion shall also not apply when loss or damage is directly caused by leakage or accidental discharge from automatic fire protective systems. 3. Asbestos, Dioxin or Polychlorinated Biphenols Exclusions This policy does not cover - a) Asbestos, dioxin or polychlorinated biphenols (hereinafter all referred to as "Materials") removal from any good, product or structure unless the asbestos is itself damaged by fire, lightning, aircraft impact, explosion, riot, civil commotion, smoke, vehicle impact, windstorm or hail, vandalism, malicious mischief, leakage or accidental discharge from automatic fire protective system. b) Demolition or increased cost of reconstruction, repair, debris removal or loss of use necessitated by the enforcement of any law or ordinance regulating such Materials; c) Any governmental direction or request declaring that such Materials present in or part of or utilized on any undamaged portion of the insured's property can no longer be used for the purpose for which it was intended or installed and must be removed or modified, The exception to exclusion 3(a), above, does not apply to payment for the investigation or defense of any loss, damage or any undamaged portion of the insured's property can no longer be used for the purpose for which it was intended 4. Debris Removal Exclusion The Company will pay the expense within the sum insured to remove debris of insured property damaged or destroyed by an insured peril during the policy term. The Company will not pay the expense to: a) Extract contaminants or pollutants from the debris; or b) Extract contaminants or pollutants from land or water; or KIWI(00/06) CAPP Excess Property Page 7 c) Remove, restore or replace contaminated or polluted land or water; or d) Remove or transport any property or debris to a site for storage or decontamination required because the property or debris is affected by pollutants or contaminants, whether or not such removal, transport, or decontamination is required by law or regulation. It is a condition precedent to recovery under this extension that the Company shall have paid or agreed to pay for direct physical loss or damage to the property insured hereunder and that the Insured shall give written notice to the Company of intent to claim for cost of removal of debris or cost to clean up not later than 180 days after the date of such physical loss or damage. 5. Authorities Exclusion Notwithstanding any of the provisions of this policy, the Company shall not be liable for loss, damage, costs, expenses, fines or penalties incurred or sustained by or imposed on the Insured at the order of any Government Agency, Court or other Authority arising from any cause whatsoever. PR8018(08/06) CAPP Excess Property Page 8 LEXINGTON INSURANCE COMPANY Standard Property Conditions This endorsement effective 01/01/201Z forms a part of Policy Number 020412751 issued to COLORADO COUNTIES CASUALTY AND PROPERTY POOL by LEXINGTON INSURANCE COMPANY (hereinafter called "the Company"). In consideration of the premium charged, the following clauses are hereby made applicable under this policy. MINIMUM EARNED PREMIUM CLAUSE In the event of cancellation of this policy by the Insured, a minimum premium of $213,325 shall become earned, any provision of the policy to the contrary notwithstanding. Failure of the Insured to make timely payment of premium shall be considered a request by the Insured for the Company to cancel on the Insured's behalf. In the event of such cancellation for non-payment of premium, the minimum earned premium shall be due and payable; provided, however, such cancellation shall be rescinded if the Insured remits and the Company receives the full policy premium with 10 days after the date of issuance of the cancellation notice. Such re- mittance and acceptance by the Company shall not effect the minimum earned premium provision of this endorsement. In the event of any other cancellation by the Company, the earned premium shall be computed pro-rata, not subject to the minimum earned premium. POLICY DEDUCTIBLE Each claim for loss or damage separately occurring shall be adjusted separately and from each such adjusted claim, the amount of $150,000 shall be deducted. Notwithstanding the foregoing, the deductible amount applying to certain peril(s) insured against by this policy shall be as follows: deductible applying to REFER TO POLICY FORMS AND ENDORSEMENTS deductible applying to FOR SELF-INSURED RETENTION CONDITIONS deductible applying to deductible applying to deductible applying to In the event of any other insurance covering the property insured hereunder, whether or not concurrent, the deductible(s) specified herein shall apply in full against that portion of any claim for loss or damage which the Company is called upon to pay under the provisions of the Apportionment Clause irrespective of any provisions to the contrary of such other insurance. CANCELLATION CLAUSE Except and to the extent of the Minimum Earned Premium Clause which is part of this policy, this clause supersedes other cancellation clauses made a part of this policy. CANCELLATION: This policy may be cancelled by the Insured by surrender thereof to the Company or by mailing to the Company written notice stating when thereafter such cancellation shall be effective. This policy may be cancelled by the Company by mailing to the Insured, at the mailing address shown in this policy or last known address, written notice, stating when, not less than90 days thereafter (10 days for non-payment of premium) such cancellation shall be ef- fective. The effectiveness of cancellation is not dependent on the return of unearned premium with the notice. Proof of mailing of notice as aforesaid shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Insured or the Company shall be equivalent to mailing. If the Insured cancels, earned premium shall be computed in accordance with the cus- tomary short rate table and procedure. If the Company cancels, earned premium shall be computed pro rata. Premium adjustment shall be made as soon as practicable after cancellation becomes effective. SERVICE OF SUIT CLAUSE Service of Suit: In the event of failure of the Company to pay any amount claimed to be due hereunder,the Company, at the request of the Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of the Company's rights to com- mence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service or process in such suit may be made upon Counsel, Legal Department, Company stated on Declarations, 100 Summer Street, Boston, Massachusetts, 02110-2103, or his or her representative, and that in any suit instituted against the Company upon this policy, the Company will abide by the final decision 1 of 2 PR9019 lEd.01/94) CAPP Excess Property Page 9 of such court or of any appellate court in the event of an appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefor, the Company hereby designates the Superintendent, Commissioner or Director of Insurance, other officer specified for that purpose in the statute, or his successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this policy of insurance and hereby designates the above named Counsel as the person to whom the °,aid officer is authorized to mail such process nr a true copy thereof. WAR RISK EXCLUSION CLAUSE The Company shall not be liable for any loss, caused directly or indirectly, by (1) hostile or warlike action in time of peace or war, whether or not declared, including action in hindering, combating or defending against an actual, im- pending or expected attack (a) by government or sovereign power (dejure 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 force (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war, whether or not its discharge was accidental; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by government authority in hindering, combating, or defending against such an occurrence, seizure or de- struction; (4) any consequence of any of the foregoing. NUCLEAR EXCLUSION CLAUSE The Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination all whether controlled or not, 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. If the peril of fire is insured under this policy, then, subject to the foregoing and all provisions of this policy, direct loss by fire resulting from nuclear reaction or nu- clear radiation or radioactive contamination is insured against by this policy. SALVAGE AND RECOVERY CLAUSE All salvages, recoveries and payments recovered or received either prior or subsequent to a loss settlement under this policy shall be applied as if recovered or received prior to the said settlement and all necessary adjustments shall be made by the parties hereto, including deduction of the Company's cost of recovery or salvage. REPORTING CLAUSE Notwithstanding that the Insured may be obligated to report full values for premium purposes, the Company's maximum limit of liability shall not exceed that amount stated as the policy limit of liability. PROOF OF LOSS AND PAYMENT The Insured shall complete and sign a sworn proof of loss within ninety (90) days after the occurrence of a loss (unless such period be extended by the written agreement of the Company) stating the time, place and cause of loss, the interest of the Insured and of all others in the property, the sound value thereof and the amount of loss or damage thereto, and all other insurance thereon. All adjusted claims shall be due and payable thirty (30) days after the presentation and acceptance of satisfactory proof(s) of loss at the office of the Company at 100 Summer Street, Boston, Massachusetts 02110-2103. GOVERNMENT ACTIVITY CLAUSE The Company shall not be liable for loss or damage caused by or resulting from: (1) the seizure or destruction of prop- erty insured by this policy by any government body, including any customs or quarantine action, or (2) confiscation or destruction of any property by order of any government or public authority, except an order to destroy property to pre- vent the spread of fire or explosion. IN WITNESS WHEREOF, the Company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned in the Declarations by one of its duly authorized representatives. Secretary President 2 of 2 PR9019 (Ed.01/94) CAPP Excess Property Page 10 ENDORSEMENT This endorsement, effective 12:01 AM 01/01/2012 Forms a part of policy no.: 020412751 Issued to: COLORADO COUNTIES CASUALTY AND PROPERTY POOL By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TERRORISM EXCLUSION - CERTIFIED AND NON-CERTIFIED ACTS This insurance does not apply to loss, injury, damage, claim or suit, arising directly or indirectly as a result of an "act of terrorism", which is defined in the Terrorism Risk Insurance Act of 2002, as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2007 (collectively, "TRIA") as follows: (1) ACT OF TERRORISM. - (A) CERTIFICATION. - The term "act of terrorism" means any act that is certified by the Secretary [of the Treasury], in concurrence with the Secretary of State, and the Attorney General of the United States - (i) to be an act of terrorism; (ii) to be a violent act or an act that is dangerous to - (I) human life; (II) property; or (III) infrastructure; (iii) to have resulted in damage within the United States, or outside of the United States in the case of - (I) an air carrier or vessel [described in TRIAD; or (II) the premises of a United States mission; and (iv) to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. (B) LIMITATION. - No act shall be certified by the Secretary as an act of terrorism if - (i) the act is committed as part of the course of a war declared by the Congress, except that this clause shall not apply with respect to any coverage for workers' compensation; or (ii) property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. (C) DETERMINATIONS FINAL. - Any certification of, or determination not to certify, an act as an act of terrorism under this paragraph shall be final, and shall not be subject to judicial review. ID) NONDELEGATION. - The Secretary may not delegate or designate to any other officer, employee, or person, any determination under this paragraph of whether, during the effective period of the Program, an act of terrorism has occurred. This insurance also does not apply to loss, injury, damage, claim or suit, arising directly or indirectly as a result of a "non-certified act of terrorism", which means any act that is not an "act of terrorism", as defined above, that (1) involves the use of force or violence against person or property; (2) is dangerous to human life or property; or (3) interferes with or disrupts an electronic or communication system; and (4) is undertaken by any group or person, whether or not acting on behalf of or in any connection with any organization, government, power, authority or military force, when the effect is to intimidate, coerce or harm: 96554 (4!08) CAPP Excess Property Page 11 Page 1 of 2 (A) a government; (B) the civilian population of a country, state or community; or (C) to disrupt the economy of a country, state or community. All other terms and conditions of the policy are the same. e/2/ Authorized Representative or Countersignature (In States Where Applicable) 96554 14/08) CAPP Excess Property Page 12 Page 2 of 2 ENDORSEMENT This endorsement, effective 12:01 AM 01/01/2012 Forms a part of policy no.: 020412751 Issued to: COLORADO COUNTIES CASUALTY AND PROPERTY POOL By: LEXINGTON INSURANCE COMPANY PROPERTY ENDORSEMENT ft is noted and agreed that this policy is hereby amended as follows: The Insurer will not pay for Damage or Consequential loss directly or indirectly caused by, consisting of, or arising from: 1. My functioning or malfunctioning of the internet or similar facility, or of any intranet or private network or similar facility, 2. My corruption, destruction, distortion, erasure or other loss or damage to data, software, or any kind of programming or instruction set, 3. Loss of use or functionality whether partial or entire of data, coding, program, software, any computer or computer system or other device dependent upon any microchip or embedded logic, and any ensuing liability or failure of the Insured to conduct business. This Endorsement shall not exclude subsequent damage or Consequential loss, not otherwise excluded, which itself results from a Defined Peril. Defined Peril shall mean: Fire, Lightning, Earthquake, Explosion, Falling Aircraft, Flood, Smoke, Vehicle Impact, Windstorm or Tempest. Such Damage or Consequential loss described in 1, 2, or 3 above is excluded regardless of any other cause that contributed concurrently or in any other sequence. All other terms, conditions and exclusions of this policy remain unchanged. tpipdA-- Authorized Representative OR Countersignature (In states where applicable) ___ CAPP Excess Property Page 13 ENDORSEMENT This endorsement, effective 12:01 AM 01/01/2012 Forms a pan of policy no.: 020412751 Issued to: COLORADO COUNTIES CASUALTY AND PROPERTY POOL By: LEXINGTON INSURANCE COMPANY COVERAGE TERRITORY ENDORSEMENT This endorsement modifies insurance provided under the following: Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"). Authorized Representative OR Countersignature (in states where applicable) CAPP Excess Property Page 14 ENDORSEMENT This endorsement, effective 12:01 AM 01/01/2012 Forms a pan of policy no.: 020412751 Issued to: COLORADO COUNTIES CASUALTY AND PROPERTY POOL By: LEXINGTON INSURANCE COMPANY COMBINED PROPERTY/BOILER& MACHINERY MILLENNIUM ENDORSEMENT This policy is hereby amended as follows: A The Insurer will not pay for Damage or Consequential Loss directly or indirectly caused by, consisting of, or arising from, the failure of any computer, data processing equipment, media microchip, operating systems, microprocessors (computer chip), integrated circuit or similar device, or any computer software, whether the property of the Insured or not, and whether occurring before, during or after the year 2000 that results from the inability to: 1. correctly recognize any date as its true calendar date; 2. capture, save, or retain, and/or correctly manipulate, interpret or process any data or information or command or instruction as a result of treating any date other than its true calendar date; and/or 3. capture, save, retain or correctly process any data as a result of the operation of any command which has been programmed into any computer software, being a command which causes the loss of data or the inability to capture, save, retain or correctly process such data on or after any date. B. It is further understood that the Insurer will not pay for the repair or modification of any part of an electronic data processing system or its related equipment, to correct deficiencies or features of logic or operation. C. It is further understood that the Insurer will not pay for Damage or Consequential Loss arising from the failure, inadequacy, or malfunction of any advice, consultation, design, evaluation, inspection, installation, maintenance, repair or supervision done by the Insured or for the Insured or by or for others to determine, rectify or test, any potential or actual failure, malfunction or inadequacy described in A above. Such Damage or Consequential Loss described in A, B, or C above, is excluded regardless of any other cause that contributed concurrently or in any other sequence. This endorsement shall not exclude subsequent Damage or Consequential Loss, not otherwise excluded, which itself results from a Defined Peril. Defined Peril shall mean fire, lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, hurricane, cy clone, riot, strike, civil commotion, vandalism, malicious mischief, earthquake, q eke, volcano, tsunami, freeze or weight of snow, sudden and accidental breakdown of an object, including mechanical and electrical breakdown. All other terms, conditions and exclusions of this policy remain unchanged. AUTHORIZED REPRESENTATIVE 69813 (2/98) LAPP Excess Pro y . me sionature (In states where applicable) Coverage Summary 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 $100,000,000 per occurrence. For sublimits refer to Insuring Agreement, paragraph III. Insuring Agreement I. NAMED 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, trustees 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 Coverage applies to property located within the 50 states comprising the United States of American and the District of Columbia. III. ULTIMATE NET LOSS In calculating the amount of Ultimate Net Loss, this insurance is deemed to have the following maximum sublimits: A. $ 25,000,000 In the aggregate annually as respects Earthquake loss. B. $ 5,000,000 In the aggregate annually as respects any Flood loss in Zones A, AO, AE, AH, A1-30, A99, AR. C. $ 50,000,000 In the aggregate annually as respects all other Flood loss. D. $ 50,000,000 In the aggregate annually for all Flood losses combined. Name of Insured: Colorado Counties Casualty&Property Pool Page 1 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 16 E. $ 10,000,000 Newly acquired property any one Occurrence; with values over $10,000,000 to be reported to this Company within 90 days of acquisition. F. $ 5,000,000 Builders risks, renovations, repairs made by the Insured at any location (including new locations with total contract cost under$5,000,000) within the territorial limits of the policy. any one occurrence. G. $ 1,000,000 Builders Risk Soft Costs/Additional Expenses per Company Endorsement H. $ 1,000,000 At any unscheduled location, any one occurrence. I. $ 50,000 Personal property of Others while on the Insured's property. J. $ 10,000,000 Ordinance Deficiency K. $ 10,000,000 Extra Expense L. $ 1,000,000 Property in Transit M. $ 1,000,000 Errors or Omissions N. $ 25,000 in the Annual Aggregate Pollution Clean Up and Removal, each County listed as a Named Insured O. $ 25,000 Mold/Fungus Exclusion Terms per Company Endorsement Policy Deductible: Each claim for loss or damage separately occurring shall be adjusted separately and from each adjusted claim, the amount of$150,000 shall be deducted. Notwithstanding the foregoing, the deductible amount applying to certain peril(s) insured against by this policy shall be as follows: Equipment Breakdown $ 5,000 per Accident, except $10,000 per Accident for the Snake River Waste Water Treatment facilities in Dillon 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 Counties Casualty&Property Pool Page 2 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 17 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. Property Insurance AGREEMENT A— BUILDING AND CONTENTS: Underwriters agree, subject to the limitations, terms and conditions of this Insurance, to indemnify the Insured for risks of direct 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. 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. VALUABLE PAPERS: The term Valuable Papers shall mean written, printed or otherwise inscribed documents and records, including books, maps, film, 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. 5. ACCOUNTS RECEIVABLE: The term "Accounts receivable" shall mean: Name of Insured: Colorado Counties Casualty&Property Pool Page 3 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 18 a. All sums due the Insured from customers provided the Insured is unable to effect collections 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: V. VUIIGVtIVI I CAIJCI WO in cm-coo Vf I ILA IICI I..VIICULiL,II \.CUO d aId II lade I ICtsC000I y bcVauac 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 dependant 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 of money, securities or other property but only to the extent of such wrongful giving, taking, obtaining or withholding. 6. 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, cyclones), 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). 7. BUILDERS RISK This policy cover projects in the course of construction at any location, other than a Unscheduled Location, within the policy TERRITORY as defined in Section II above, subject to the "total project value" not exceeding the Sublimit shown in Section III ULTIMATE NET LOSS above. Alteration, addition, extension, repairs and/or remodeling projects are included under this extension. As respects locations other than insured locations, coverage under this extension shall commence when the Insured first acquires an insurable interest at the location and shall cease sixty (60) days from the date of such acquisition, or when reported to and accepted by the Company, on the expiration date of this policy, whichever occurs first. Name of Insured: Colorado Counties Casualty&Property Pool Page 4 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Properly Page 19 No coverage is provided under this property in this extension for property while in transit or while waterborne. The term "total project value" shall mean the cost of all labor, materials, equipment, machinery, or supplies intended to be a permanent part of the completed buildings(s) or structure(s) and in which the Insured has an insurable interest at the time of the loss or damage. Excluded Perils 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 resulting from loss of use, delay or loss of markets. 3. 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. 4. 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. 5. 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. 6. Loss by normal settling, normal shrinkage or normal expansion in foundations, walls, floors or ceilings. 7. Loss by mechanical derangement, inherent vice or latent defect. 8. 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. 9. Loss resulting from shrinkage, evaporation, loss of weight or leakage, unless such loss is caused directly by fire or the combating thereof, lightening, windstorm, hail, explosion, strike, riot or civil commotion, aircraft, vehicles, breakage of pipes or apparatus, sprinkler leakage, Name of Insured: Colorado Counties Casualty&Property Pool Page 5 of 20 Policy No.020112751 Policy Tenn: January 1,2012 to January 1,2013 CAPP Excess Property Page 20 vandalism and malicious mischief, theft or attempted theft. 10. 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. Excluded Property • Animals; • Aircraft • Standing timber, growing crops, land and land values; • Currency, money, notes, and securities; ▪ Bridges, culverts, roadways, streets, walks, or paved surfaces, dams, docks, piers and wharves • water; • Tunnels used for vehicular traffic; underground mines and property therein. The following property not at a Covered Location: • Underground piping, wiring, flues or drains; • Reservoirs, transmission and distribution lines, telephone and power poles and appurtenants, street and highway lighting and signs. The following property not part of museum collections and/or exhibits at a Covered Location: • Furs; jewelry; precious and semi-precious stones, gold, silver, platinum and other precious metals and alloys. 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 Counties Casualty&Property Pool Page 6 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 21 2. REMOVAL CLAUSE. This Insurance covered 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. 3. 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. 4. APPRAISAL. In the event the Insured and Underwriters are unable to agree as to the amount necessary to rebuild, repair or replace the damaged or destroyed property or the actual amount of reimbursement to be paid, each party shall name a competent and disinterested umpire. The appraisers together shall obtain reconstruction estimates, and calculate the amounts of reimbursement due, and failing to agree, shall submit their differences to the umpire. The award, in writing, duly verified by any two shall determine the point in question. Both parties shall pay the cost of their own appraiser and equally pro rate the cost of the umpire. 5. 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. 6. 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. 7. EXPENSE TO REDUCE OR PREVENT LOSS. This Insurance also covers 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. General Conditions 1. PREMIUM PROVISION See Declarations Page. Name of Insured: Colorado Counties Casualty 8 Property Pool Page 7 of 20 Policy No.020412751 Policy Term: January 1,2012 to lanuary 1,2013 CAPP Excess Property Page 22 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. CURRENCY The premium and losses under this Insurance are payable in United States currency. Payment of premium shall be made to Arthur J. Gallagher Risk Management Services, Inc. 7. 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. 8. 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. 9. MORTGAGE CLAUSE The interest of any mortgagor on property covered hereunder is included as if a separate Name of Insured: Colorado Counties Casualty&Properly Pool Page 8 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Pape 23 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. 10.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 the 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 f the Underwriters, their liability under this Insurance is likely to be involved, in which case the Insured and Underwrites shall cooperate to the mutual advantage of both. 11.NOTICE OF LOSS The Insured through County Technical Services, Inc. Claims Management Department 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 agents within ninety (90) days from date of loss a detailed sworn proof of loss. Failure by the Insured or County Technical Services, Inc. to report the said loss or damage and to file such proof of loss as hereinbefore provided shall not invalidate any claim under this Policy for such loss. 12.EXAMINIATION UNDER OATH The Insured shall submit, and so far as is 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. 13.SETTLEMENT OF LOSS All adjusted claims shall be paid or made good to the Insured through County Technical Services, Inc. within sixty (60) days after presentation and acceptance of satisfactory proof if interest and loss at the office of this Company. No loss shall be paid hereunder if the Insured has collected the same from others. 14.LOSS PAYMENTS When it has been determined that Underwriters are liable under this Insurance, Underwriters shall thereafter promptly reimburse County Technical Services, Inc. for all payments made in excess of the amounted stated in the Limits Agreement. All adjusted claims shall be paid or made good within thirty days after their presentation by County Technical Services, Inc. Claims Management Department and acceptance by the Underwriters of satisfactory proof of interest Name of Insured: Colorado Counties Casualty 8 Property Pool Page 9 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 24 and loss. 15.NO BENEFIT TO BAILEE This insurance shall in no wise inure directly or indirectly to the benefit of any carrier or other bailee. 16.APPEAL In the event the Insured and Underwriter are unable to agree to the advisability of appealing a judgment, a disinterested attorney, mutually agreeable to the Underwriter 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 fir the services of rendering his recommendation only. The Insured's portion of such fee shall not accrue in the aggregate loss fund. 17.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 18.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. 19.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 Name of Insured: Colorado Counties Casualty&Property Pool Page 10 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 25 any such waiver is made prior to the occurrence of said loss or damage. 20.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 statues. 21.ASSIGNMENT Assignment of interest under this Insurance shall not bind the Underwriters until the Underwriters' consent is endorsed hereon. 22.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 part of a set, the measure of loss of or damage to such article 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. 23.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. 24.SUIT No suit, action or proceeding for the recovery of any claim under the Policy shall be sustainable in any court of law or equity unless the same be commenced within twelve (12) months 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. Name of Insured: Colorado Counties Casualty&Property Pool Page 11 o120 Policy No.020012751 Policy Term: January 1,2012 to lanuary 1,2017 CAPP Excess Property Page 26 25.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 a court of record in the state in which such appraisal is pending. The appraisers shall then appraise ht the loss, stating separately the actual cash value at the time of loss and the amount of loss, and failing to agree shall submit the differences to the umpire. An award in writing of any two shall determine the amount of toss. 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 the appraisal. 26.CANCELLATION This Policy may be cancelled by the Insured by mailing to the Company written notice stating when thereafter such cancellation shall be effective. This Policy may be 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 (90) ninety days (10 days for nonpayment of premium) 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 a adjustable basis the Underwriters shall receive the earned premium hereon or the customary short rate proportion of any minimum premium stipulated herein whichever is 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. 27.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. Name of Insured: Colorado Counties Casualty 8 Property Pool Page 12 of 20 Policy No.020412751 Policy Term: January 1,2012 In January 1,2017 CAPP Excess Property Page 27 Subject otherwise to all terms, clauses and conditions heretofore. 28.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 Inslurance_ 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. 29.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. 30.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 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 loss. Earth Movement Coverage Earth Movement means: • Any earth movement, other than sinkhole collapse, such as earthquake, landslide, mine subsidence or earth sinking, rising or shifting including that caused by subsidence, settling, contraction, or expansion of soils. ▪ Eruption, explosion, or effusion of a volcano other than volcanic action. If more than one earth movement or volcanic eruption occurs within any 72 hour period, we'll consider this one occurrence. The 72 hour period will not be shortened by the expiration of the policy. The limit shown in the coverage summary for earthquake is the most this Company will pay for all direct loss or damage caused by a single earthquake. Flood Coverage Name of Insured: Colorado Counties Casualty&Property Pool Page 13 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 28 Flood, mudslide or mudflow, and surface water are covered perils. Flood means waves, tides or tidal water, the rising of bodies of water and streams, or the overflowing or breaking of their boundaries, whether driven by wind or not. Surface water means water which accumulates or flows on the surface of the ground, and is created by natural causes such as rain, melted snow, or rising springs, but which follows no defined watercourse and does not gather into or from a natural body of water. This Company is not liable for more than the limits shown in the coverage summary. Transit Extension Insuring Clause 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 the 50 states comprising the United States of America (excluding Hawaii) and the District of Columbia, 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, lightening, 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 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. Name of Insured: Colorado Counties Casualty&Property Pool Page 14 of 20 Policy No,020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 29 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 i.u1 ltall lil'Estrin' erisiily ulieutly ur if'directly from that fire. 7. Loss or damage caused by breakdown or derangement of refrigerating units. 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 agreements 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. Extra Expense Coverage • It is agreed that if the property covered under Insuring Agreement A is damaged or destroyed by perils insured against 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". Name of Insured: Colorado Counties Casualty&Property Pool Page 15 of 20 Policy No.02041 2 75 1 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 30 It is further agreed that this extension of coverage shall not operate to increase the Underwriters limits of liability hereunder. 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. 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. 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 otherpersons with rebuilding, repairing d g, or replacing the property damages 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, The Company shall not be liable for: A. More than the amount set forth in the limits of liability; B. Loss of income; Name of Insured: Colorado Counties Casualty 8 Property Pool Page 16 of 20 Policy No.020412751 Policy Tenn: lanuary 1,2012 to lanuary 1.2013 CAPP Excess Property Page 31 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 tor the purpose of reducing loss under this policy. in no event shaii 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. Pollution Cleanup and Removal Notwithstanding any conditions or terms contained elsewhere in this policy, coverage is extended 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, lightening, 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 the 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 (180) days of either the date of direct physical loss or damage or the Name of Insured: Colorado Counties Casualty&Property Pool Page 17 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 32 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. However, these limits will apply separately to each County member listed as a Named Insured. Equipment Breakdown Coverage Limits: Equipment Breakdown: $100,000,000 Per Accident Included in $100,000,000 Limit Extra Expense: $ 5,000,000 Expediting Expenses: $ 1,000,000 Hazardous Substances: $ 1,000,000 Spoilage: $ 1,000,000 (which includes ammonia contamination) Water Damage: $ Included Data Restoration: $ 1,000,000 Ordinance Deficiency: $ 2,500,000 Builders Risk $ 5,000,000 Newly Acquired Locations $ 10,000,000 Newly acquired property; with values over $10,000,000 to be reported to this Company within 90 days of acquisition Unscheduled Locations $ 1,000,000 Deductible: Refer to Policy Deductible in Section III above. Coverage: It is agreed that if the property insured by Insuring Agreement A of Section I is damaged or destroyed by an "Accident"to "covered equipment" during the period of this Insurance, the Underwriters shall be liable for said damage. Definitions: A. Accident: The term "accident" means direct physical loss or damage that results from mechanical breakdown, including rupture or bursting caused by centrifugal force; artificially generated electrical current, including electrical arcing, that disturbs electrical devices, appliances or wires; loss or damage to steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment; or loss or damage to hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment. B. Covered Equipment: The term "covered equipment" means property insured which is built to operate under vacuum or pressure other than weight of contents; or generates, transmits or utilizes energy. Name of Insured: Colorado Counties Casualty&Property Pool Page 18 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 33 None of the following is "covered equipment". • A structure, foundation, cabinet, compartment or air supported structure or building; • Insulating or refractory material; • Vehicles, including self-propelled vehicles; • Excavation or constructions equipment; • Sewer piping, underground vessels or piping, any piping forming a part of a sprinkler system; • Water piping other than boiler feed water piping, boiler condensate return piping or water piping forming a part of a refrigerating or air conditioning system; • Equipment manufactured by you for sale; or • Equipment primarily used to generate power, however this does not apply to emergency generators. C. Perishable Goods: The term "perishable goods" means business personal property maintained under controlled conditions for its preservation which is susceptible to loss or damage if controlled conditions change. Additional Coverages: The following additional coverages also apply to loss caused by or resulting from an "accident" to "covered equipment". The limit for each additional coverage is shown in the Equipment Breakdown Schedule. The limits for each additional coverage are not in addition to the limits of coverage for building or business personal property shown in Ill Ultimate Net Loss. In addition, unless otherwise shown, the coverages and limits for newly acquired property, builders risks, unscheduled locations and extra expense in the policy to which this Coverage Extension is attached also apply to coverage provided by this Coverage Extension. The newly acquired property and extra expense limits are shown in the Equipment Breakdown Schedule. A. Expediting Expenses: If property insured is damaged or destroyed by an "accident", the Underwriters shall be liable for reasonable extra cost to make temporary repairs and expedite permanent repairs or replacement. B. Hazardous Substances: The Underwriters shall be liable for additional expenses incurred for clean-up; repair or replacement; or disposal of property insured which is damaged, contaminated or polluted by any substance other than ammonia that has been declared to be hazardous to health by a governmental agency. The Underwriters shall not be liable for more than the limit for Hazardous Substances shown in the Equipment Breakdown Schedule. C. Spoilage: The Underwriters shall be liable: Name of Insured: Colorado Counties Casualty&Property Pool Page 19 of 2O Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 34 1. or loss of "perishable goods" due to spoilage; 2. for physical damage to "perishable goods" due to contamination from the release of refrigerant, including but not limited to ammonia; 3. for any necessary expenses incurred to reduce the amount of loss under this coverage to the extent that they do not exceed the amount of loss that otherwise would have been payable uruuer this coverage. 4. for physical damage to "perishable goods" due to spoilage caused by an "accident" to equipment that is owned by a utility, landlord, or other supplier of any of the following services: electrical power, communications, waste disposal, air conditioning, refrigeration, heating, gas, air, water or steam. Unless otherwise indicated in the Schedule, the "accident" must occur to equipment within one statute mile of the premises for coverage to apply. If the Insured is unable to replace the "perishable goods" before its anticipated sale, the amount of payment will be determined on the basis of the sales price of the "perishable goods" at the time of the "accident", less discounts and expenses that otherwise would have been incurred. Otherwise payment will be determined in accordance with the Valuation condition. The Underwriters shall not be liable for more than the limit for Spoilage shown in the Equipment Breakdown Schedule. D. Water Damage: If property insured is damaged by water as a result of an "accident" to covered refrigerating or air conditioning vessels and piping, the Underwrites shall not be liable for more than the amount shown in the Equipment Breakdown Schedule for this kind of damage, including salvage expense. E. Ammonia Contamination: If property insured is contaminated by ammonia as a result of an "accident" to "covered equipment"the Underwriters shall not be liable for more than the amount shown in the Equipment Breakdown Schedule for this kind of damage, including salvage expense. Exclusions: A. Electronic Recordings: The Underwriters shall not be liable for loss to electronic recordings caused by electrical or magnetic injury, disturbance or erasing. B. Media: The Underwriters shall not be liable for loss resulting from any defect, virus, loss of data, or other situation within electronic media and records. But if loss or damage from an "accident" results, there shall be liability for that resulting loss. Suspension: When any "covered equipment" is found to be in, or exposed to, a dangerous condition, any representative of the Underwriters may immediately suspend the insurance against loss from an "accident"to that "covered equipment". This can be done by mailing or delivering a written notice o suspension to the address as shown in the policy, or the address where the equipment is located. Once so suspended, the Insured shall receive pro-rata refund of premium. But the suspension will be effective even if a refund has not yet made or offered. Name of Insured: Colorado Counties Casualty&Property Pool Page 20 of 20 Policy No.020412751 Policy Term: January 1,2012 to January 1,2013 CAPP Excess Property Page 35 ENDORSEMENT #A This endorsement,effective 12:01 AM 01/01/2012 Forms a part of policy no.: 020412751 Issued to: COLORADO COUNTIES CASUALTY AND PROPERTY POOL By: LEXINGTON INSURANCE COMPANY NAMED INSURED ENDORSEMENT It is agreed that the Participating Member Counties named hereunder are included as Named Insureds: 1. Alamosa 26. Lake 2. Archuleta 27. La Plata 3. Baca 28. Las Animas 4. Bent 29. Lincoln 5. Chaffee 30. Logan 6. Cheyenne 31. Mineral 7. Clear Creek 32. Montrose 8. Conejos 33. Morgan 9. Costilla 34. Moffat 10. Crowley 35. Otero 11. Custer 36. Ouray 12. Delta 37. Park 13. Dolores 38. Phillips 14. Eagle 39. Prowers 15. Elbert 40. Pueblo 16. Fremont 41. Rio Blanco 17. Garfield 42. Rio Grande 18. Gilpin 43. Routt 19. Grand 44. Saguache 20. Gunnison 45. San Juan 21. Hinsdale 46. San Miguel 22. Huerfano 47. Sedgwick LEXDOC021 I X0404 CAPAgempfroperty Page 36 23. Jackson 48. Summit 24. Kiowa 49. Teller 25. Kit Carson 50. Washington 51. Weld 52. Yuma ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Authorized Representative OR Countersignature(In states where applicable) LEXDOC021 LX0404 C4glcons f roperty Page 37 ENDORSEMENT #B This endorsement,effective 12:01 AM 01/01/2012 Farms a narf of policy nn • nonit12751 Issued to: COLORADO COUNTIES CASUALTY AND PROPERTY POOL By: LEXINGTON INSURANCE COMPANY SOFT COSTS/ADDITIONAL EXPENSES ENDORSEMENT In consideration of the premium charged, and subject to all terms, conditions, limitations and exclusions of this Endorsement and of the Policy to which this Endorsement is attached, it is hereby agreed that Soft Cost/Additional Expense coverage is added as follows: WAITING PERIOD DEDUCTIBLE: 10 Days per occurrence. No liability shall exist unless the DELAY exceeds the Waiting Period and then the Company's liability shall be for the amount of loss in excess of the stated Waiting Period. The WAITING PERIOD DEDUCTIBLE runs from the date upon which, had the loss or damage not occurred the insured project would have been completed. In the event that DELAY in direct consequence of insured physical loss or damage results from more than one occurrence, a separate WAITING PERIOD DEDUCTIBLE will apply for each occurrence. This deductible is in addition to any other deductible(s) applicable to loss or damage covered by the policy to which this endorsement is attached. SUBLIMIT OF LIABILITY: The total sublimit of liability for which the Company shall be liable under this endorsement in the aggregate shall not exceed $1.000.000 per occurrence per project location. This sublimit is part of and shall not increase to Policy Limit of Liability or any other Sublimit of Liability in this Policy. INSURING AGREEMENT This policy is extended to cover Soft Costs/Additional Expense on an Actual Loss Sustained basis due to delay in completion of the insured property caused by direct physical loss or damage covered under this policy to expenditures which would not have been incurred by the Insured if the DELAY had not occurred, including and limited to: (a) Interest upon money borrowed to finance the contract work; (b) Realty taxes and ground rent; (c) Advertising and promotions expenses; (d) Commission expense; (e) Architects, engineers and consultant fees; (f) Project administration expenses; (g) Insurance premium; (h) Permits and fees. DELAY is the period between the anticipated date of completion and the actual date of completion had loss or damage as covered under this policy not occurred. The Soft Costs coverage shall include expenses necessarily incurred to reduce loss (except expenses incurred to extinguish fire), but not exceeding the amount by which loss otherwise payable is reduced. LEXDOCort C4 9lxf$l f roperty Page 38 The Soft Costs coverage provided is subject to the following additional provisions: 1. The Company shall pay Soft Costs incurred from the date that the building or structure would have been completed had no direct physical loss or damage occurred until such time it is completed. 2. The Company shall pay only for the time required with the exercise of due diligence and dispatch to rebuild, repair or replace that part of the property sustaining loss commencing with the date of such loss but not limited by the Policy expiration or termination date of this Policy. As soon as practical after any loss, the insured shall utilize every available means to reduce the amount of the loss including: a) Resumption of construction, business, business or operations completely or partially; b) Making use of materials, equipment, supplies, or other property at the Insured's premises or elsewhere; or c) Making use of substitute facilities or services where practical; and such reduction will be taken into account in arriving at the amount of such loss. In the event the construction contract for property described herein contains a penalty clause providing for payments to the Insured for a delay caused by the perils insured against in the completion of the construction, any portion of such penalty inuring to the benefit of the Insured shall be taken into consideration in the settlement of any loss under this extension. ADDITIONAL EXCLUSIONS AND LIMITATIONS The Company shall not be liable for any increase in DELAY caused by or resulting from: 1. The enforcement of any ordinance d Hance or law regulating construction, rebuilding, repair, replacement, removal or reconstruction of the work; 2. The interference by strikers or other persons with the transportation of property, the construction, rebuilding, repairing or replacing of property insured hereunder or the occupancy and use of the premises; 3. Any consequential loss; 4. Loss or damage to property not covered by this policy; 5. Non-availability of funds other than insurance reimbursements; 6. Import,export or customs restrictions and/or regulations; 7. Alterations, additions, improvements or other changes made in the designs, plans, specifications or other contract documents for the work which are required to effect the repair or replacement of the damaged property; 8. The suspension, lapse or cancellation of or the failure to obtain, maintain or extend any permit, lease, license,contract or purchase order commitments; 9. The failure to use due diligence and dispatch in restoring the damaged property to the condition existing prior to the loss or damage; LEXDOC021 LX0404 Copibialenropeity Page 39 10. Any change order or other cause which results in deviation from the original progress schedule, or revisions thereto, and which is independent of insured loss or damage which gives rise to a DELAY, whether occurring prior to or after an insured DELAY. GENERAL CONDITIONS 1. The Named Insured shall do and concur in doing and permit to be done all such things as may be reasonably practicable to minimize the extent of any interference with the construction schedule so as to avoid or diminish any DELAY resulting therefrom. 2. Upon request by the Company, the Named Insured shall make available all records and information relevant to the determination of loss and expenses related to reducing loss. 3. It is a condition of this insurance that as soon as practical the Named Insured shall begin normal operations. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Au zed Representative OR Cou gnature (In states where applicable) LEXDOC021 LX0404 C! §i gegglroperty Page 40 ENDORSEMENT #C This endorsement,effective 12:01 AM 01/01/2012 Forms a part of policy no.: 020412751 Issued to: COLORADO COUNTIES CASUALTY AND PROPERTY POOL By: LEXINGTON INSURANCE COMPANY AMENDMENT TO ENDORSEMENT PR9014 In consideration of the premium charged, it is hereby agreed that clause 2.b. of the Occurrence Limit of Liability endorsement(Number PR9014) is deleted. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Zde orized Representative OR Countersignature (In states where applicable) LEXD00021 I X0404 CAPP Excess Property Page 41 • ENDORSEMENT N D This endorsement,effective 12:01 AM 01/01/2012 Forms a part of policy no.: 020412751 Issued to: COLORADO COUN I IbS CASUALTY AND rriurcri i i POOL By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOLD/FUNGUS EXCLUSION WITH NAMED PERIL SUBLIMIT In consideration of the premium charged, it is hereby understood and agreed that this policy is amended as follows. The Company shall not be liable for any loss or damage caused by, arising out of, contributed to, or resulting from fungus, mold(s), mildew or yeast; or any spores or toxins created or produced by or emanating from such fungus, mold(s), mildew or yeast; (a) fungus includes, but is not limited to, any of the plants or organisms belonging to the major group fungi, lacking chlorophyll, and including mold(s), rusts, mildews, smuts and mushrooms; (b) mold(s) includes, but is not limited to, any superficial growth produced on damp or decaying organic matter or on living organisms, and fungi that produce mold(s); (c) spores means any dormant or reproductive body produced by or arising or emanating out of any fungus, mold(s), mildew, plants, organisms or microorganisms, regardless of any other cause or event that contributes concurrently or in any sequence to such loss. This exclusion shall not apply to any loss or damage in the form of, caused by, contributed to or resulting from fungus, mold(s), mildew or yeast, or any spores or toxins created or produced by or emanating from such fungus, mold(s), mildew or yeast which the Insured establishes is a direct result of a Covered Loss resulting from, or caused by, fire, lighting, explosion, windstorm or hail, smoke (excluding agricultural smudging and industrial operations), aircraft or vehicles, riot or civil commotion, vandalism, sprinkler leakage, collapse, volcanic action and not otherwise excluded by the Policy, provided that such fungus, mold(s), mildew or yeast loss or damage is reported to the Company within twelve months from the expiration date of the Policy. The Company shall not be liable under this endorsement for more than ;25.000 in any one occurrence. This Sublimit is within, and does not increase, the Policy Limit of Liability or any other Sublimit stated in the policy form or any endorsements thereto. All other terms, conditions, definitions, exclusions, limitatio lo tea* the same. Authorized Representative OR Countersignature (In states where applicable) • LX9512 NPS(09/11) CAPP Excess Property Page 42 Hello