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Home My WebLink About000348.tiff CTS Scrvine Colomdu's Countic Colorado Counties Casualty and Property Pool 2022 Excess Liability Policy Old Republic Policy No . 822200 0951483 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 Liability 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 $0 deductible for liability claims* The pool pays the first $ 1 . 5 million of each claim The pool pays up to 1 . 0 million of each law enforcement claim CAPP 's excess insurance carrier pays up to $ 10 million per claim *Generally , there is no deductible on liability claims . The board and membership have adopted deductibles for certain types of claims listed below. Additional information on these claims is contained in the CAPP Operations Manual . Liability claims subject to a county deductible : Claim type County Deductible Employment Termination $ 15 , 000 Law Enforcement $25 , 000 Inverse Condemnation $ 125 , 000 Regulatory Taking Herbicide and Pesticide $2 , 500 Operations Lawyer's Professional $500 Liability (Grievance issues) I rCountiesn PropertyPool Co o ado and •JCORE 360 Named Insured Schedule Colorado Counties Casualty and Property Pool including the following members : • Alamosa • Gunnison • Phillips • Archuleta • Hinsdale • Prowers • Baca • Huerfano • Pueblo • Bent • Jackson • Rio Blanco • Chaffee • Kiowa • Rio Grande • Cheyenne • Kit Carson • Routt • Clear Creek • Lake • Saguache • Conejos • La Plata • San Juan • Costilla • Las Animas • San Miguel • Crowley • Lincoln • Sedgwick • Custer • Logan • Summit • Delta • Mineral • Teller • Dolores • Moffat • Washington • Elbert • Montrose • Weld • Fremont • Morgan • Yuma • Garfield • Otero • Gilpin • Ouray • Grand • Park 1 ,j Ga agher Insurance Risk Management Consulting Gallagher Colorado Counties Casualty and Property Pool • CORE 360 Excess Public EntityLiability Claims Made Form Carrier: Pennsylvania Manufacturers' Association Insurance Company Policy Period : January 1 , 2022 to January 1 , 2023 Limits : Amounts Coverages $ 500, 000 Auto Liability, Each Occurrence 10 ,000 Auto Medical Payments. Each Person (via Endorsement) (x' 500, 000 Personal Injury, Property Damage (Includes EMTs) $ 10 ,000 Premises Medial Payments, Each Person (via Endorsement) $ 1 ,000 ,000 Sewer Backup $ Included Wage Damages (front/back pay) $ 500, 000 Public Officials Errors and Omissions $ 500, 000 Employee Benefit Liability Aggregate Limits of Coverage (Apply Separately to CAPP and for each Participating Member County (PMC)) : Amount - Coverages $ 500 , 000 In any One Policy Year, Personal Injury, Property Damage $ 500 , 000 In any One Policy Year, Products/Completed Operations $ 500 , 000 In any One Policy Year, Public Officials Liability Errors and Omissions $ 500 , 000 In any One Policy Year, Employee Benefit Liability Self Insured Retention (SIR) : Amounts $ 1 , 500 , 000 Each Occurrence or Wrongful Act (includes Defense Costs) - CAPP SIR is eroded by those PMC's that have SIRs within CAPP's SIR Coverages Included : • Premises and Operations • Products/Completed Operations • Employee Benefit Liability • Auto Liability • Public Officials Errors and Omissions Retroactive Dates : July 1 , 1986 except for the following Counties: • Cheyenne County: 2/16/1987 • Delta County: 7/ 1 /1988 • Fremont County: 7/ 1 /1987 • Grand County: 7/1 / 1987 • Lake County: 4/1 / 1987 • Montrose County: 7/1 / 1987 • Weld County: 1 / 15/ 1986 19 ©2022 Arthur J. Gallagher & Co. All rights reserved. Gallagher Colorado Counties Casualty and Property Pool • O• CRE 360 Excess Public Entity Liability ( Continued Claims Made Form Defense Provisions : • Defense Costs are included in the SIR • Defense Costs are in addition to the Limits of Liability excess of SIR Definition of Claim or Claims : • Means a written demand , including a Suit, for payment of money damages Extended Reporting In the event of cancellation or non-renewal by the Company for any reason except non- Provisions : payment of premium , the Colorado Counties Casualty and Property Pool upon payment of an additional premium of not more than 200% of the total expiring premium will have the right to extend the period whereby a Claim is treated by the Company as made on the expiration date of this Policy for a period of 60 months, but any such Claim must arise from an Occurrence or Wrongful Act prior to the date on which the Extended Reporting Period commenced and after the Retroactive Date . Colorado Counties Casualty and Property Pool must make a written request for an Extended Reporting Period within 30 days after the expiration date of the policy period and pay the additional premium within 30 days after the request. The Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due , the endorsement may not be canceled . The Extended Reporting Period will not reinstate or increase the Limits of Liability or extend the policy period . Coverage Form : • CAPP Manuscript Policy Form (Modified 1 / 1 /2018) • Indemnification Basis • Claims-Made Coverage Form Terms/Conditions/ • Health Care Professional Services Coverage for any Insured who is NOT a medical Endorsements : doctor, psychologist, physiotherapist or nurse practitioner. • Coverage is provided for administrative duties performed by a medical doctor, psychologist, psychotherapist or nurse practitioner in the scope of their duties . • Non-Owned Watercraft Liability ( Under 26 Feet in Length ) • Other Insurance Clause • 90 Day Notice of Cancellation or Termination of Policy • Separation of Insureds Clause • Settlement Consent Clause • Non-Waiver of Governmental Immunity • Bankruptcy and Insolvency Clause • Action Against the Company Clause • Subrogation Clause • Pool Management Clause • Cancellation Notice by Agent • Defense Costs Definition Amended • Additional Insured endorsement — Designated Person or Organization Blanket Coverage Territory : • United States of America (including its territories and possessions) , Puerto Rico • International waters or airspace , but only if the injury of damage occurs in the course of travel or transportation between any places included above • All other parts of the world if the injury or damages arise out of 1 ) goods or products made or sold by you in the territory described above; 2 ) the activities of any person whose home is in the territory described above , but is away for a short time on your business; or 3) personal and advertising injury offenses that take place through the internet or similar electronic means of communication — provided the Insured 's responsibility to pay damages is determined in a suite on the merits in the territory described above or a settlement the carrier agrees to 20 ©2022 Arthur J. Gallagher & Co. All rights reserved. tir) Gallagher Colorado Counties Casualty and Property Pool • O• CRE 360 Excess Public Entity Liability ( Continued Claims Made Form Exclusions Include but are • Terrorism (if rejected ) not Limited to: • Sexual Abuse—will not provide coverage to any individual Insured who personally commits, participates in , or assists in any act of Sexual Abuse as defined . Without limiting the foregoing , we will afford the defense to which such individual Insured would be otherwise entitled until such time as : 1 ) that individual Insured is judicially determined to have committed , participated in or assisted in any act of Sexual Abuse ; or 2) that individual Insured admits in any context to having committed , participated in or assisted in any act of Sexual Abuse ; or 3) that individual Insured committed , participated in or assisted in any act of Sexual Abuse involving intentional physical contact. (Sexual Abuse Definition added to the policy • Eminent Domain • Airport, Airfield , Hangar or Terminal • Activities in a fiduciary capacity • Workers' Compensation , Employers Liability • Operation of Housing Authorities , Port Authorities, School Boards or Railroad Boards • Uninsured Motorists • Nuclear • Asbestos , Mold , other Fungi or Bacteria (except where noted in policy form ) • Pollution (except where noted in policy form ) • Breach of Contract (except where noted in policy form ) • Lead • Silica or Silica-Related Dust • Law Enforcement Liability Minimum Earned Premium : • 25% Audit Terms : • Non-Auditable General Conditions : • CTSI shall provide a claims report to the Company within ten days after the end of each calendar quarter of all open and closed claims submitted pertaining to the Self- Insured Retention . It shall contain the following information : Claimant, claim number, date of loss , description of loss, loss paid , expense paid , loss remaining reserve , expense remaining reserve and claim status Claims Reporting a . In the event of an Occurrence , Wrongful Act or Claim reasonably likely to involve the Instructions : insurance under this policy, the Colorado Counties Casualty and Property Pool shall give written notice to the Company as soon as practicable. The notice shall contain particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place , and circumstances of the Occurrence , Wrongful Act and Claim , and the names and addresses of any injured or damaged persons or entities and available witnesses . In the event of a Claim , the Insured 's notice shall include a copy of any written demands or Suit papers . b . Failure to give notice of any Occurrence or Wrongful Act which initially did not appear reasonably likely to involve the insurance under this policy will not prejudice the Colorado Counties Casualty and Property Pool ability to subsequently give notice of a Claim arising from such Occurrence or Wrongful Act, provided that written notice of such Claim is given as soon as practicable following the Colorado Counties Casualty and Property Pool's receipt of such Claim . c. The Colorado Counties Casualty and Property Pool shall give written notice to the Company as soon as practicable , following notice to the Colorado Counties Casualty and Property Pool , of a Claim which involves : ( 1 ) Death . (2 ) Brain Damage. (3) Paraplegic or quadriplegic impairment. (4) Loss of eyesight. (5) Third degree burns . (6) Traumatic loss of or surgical amputation of a limb . (7) A serious case where , in the judgment of the Insured or its defense counsel , reserves exceed $ 125 ,000 . 21 ©2022 Arthur J. Gallagher & Co. All rights reserved. tr) Gallagher Colorado Counties Casualty and Property Pool • • CORE 360 Excess Public Entity Liability ( Continued Claims Made Form Claims Reporting Claims are to be reported to : Instructions Old Republic Specialty Insurance Underwriters Arthur J . Gallagher RMS (continued) : 790 Township Line Road , Ste 230 Claims e-mail : Yardley, PA 19067 GGB . NRCCIaimsCenter@atq . com Att: Claim Department Claims e-mail : claims@orsiu . com Phone : 215-860-4960 22 ©2022 Arthur J. Gallagher & Co. All rights reserved. tr) Gallagher Colorado Counties Casualty and Property Pool • • CORE 360 1st Excess Casualty $ 3M xs $ 2M Excess Follow Form Carrier: Evanston Insurance Company ( Markel ) Policy Period : January 1 , 2022 to January 1 , 2023 Limits : $ 3 ,000 ,000 Each Occurrence/Wrongful Act $ 9 ,000 ,000 Combined Aggregate Coverage : Follow form insurance of Approved Underlying Old Republic Coverage Document General Liability, Automobile Liability and Public Officials Errors & Omissions Underlying Coverage : Old Republic General Liability $500,000 Each Occurrence Automobile Liability $ 1 ,500 ,000 SIR Each Professional Liability Occurrence Employee Benefits Liability Defense Provisions : • ALAE : Pro-rata as to indemnity; capped at $2, 000 , 000 for the contract term • Terms : • Follow Form Primary Liability Coverages , Terms , Conditions, Provisions and Exclusions • Pay on Behalf of Form • Excess over Claims Made Insurance provisions in Underlying Insurance • Drop Down Provisions Apply — if the applicable limits of the underlying insurance are reduced or exhausted by payment of damages , the limits of insurance of this policy will apply in excess of such reduced or exhausted limits . • CAPP must buy and maintain $500, 000 excess of $ 1 , 500 , 000 SIR primary • Must comply with all U .S . economic and trade sanctions • Must notify carrier of any changes in case law or statutes in Colorado that materially affect the exposures insured hereunder • Exclusions : • Lead , Silica , Mold , Pollution , Asbestos , War, Pools/Association , Insolvency Fund , Cyber Liability, Nuclear & Terrorism • All lines of business not specifically classified and covered in accordance with listed coverage • Nuclear Incident Exclusions Clauses — Liability Reinsurance — Canada (BRMA 35D) • Workers Compensation • Communicable Diseases / Human Pathogen • Trade Sanctions Clause • Law Enforcement Liability (exception to auto liability losses arising from law enforcement operations) • Minimum Earned Premium : • 80% • Audit Terms : • Flat, Non-Auditable • Claims Reporting • Insured must provide written notice of any claim or suit that will likely involve this policy Instructions : and must do so as soon as practicable . • • Claims can be reported to Arthur J . Gallagher Risk Management Services, Inc. • • Arthur J . Gallagher Risk Management Services , Inc. • Email : GGB . NRCCIaimsCenter@ajg . com 23 ©2022 Arthur J. Gallagher & Co. All rights reserved. Gallagher Colorado Counties Casualty and Property Pool • • CORE 360 Law Enforcement Liability Claims Made Form Carrier: QBE Specialty Insurance Company Policy Period : January 1 , 2022 to January 1 , 2023 Limits : Amounts Coverages $ 4 ,000, 000 Each Claim $ 8 ,000, 000 Policy Annual Aggregate per member Self Insured Retention (SIR) : Amounts $ 1 , 000 , 000 Each Claim , including claims expenses Retroactive Dates : July 1 , 1986 except for the following Counties: • Cheyenne County: 2/16/1987 • Delta County: 7/ 1 /1988 • Fremont County: 7/ 1 /1987 • Grand County: 7/1 / 1987 • Lake County: 4/1 / 1987 • Montrose County: 7/1 / 1987 • Weld County: 1 / 15/ 1986 • Custer County: 1 /1 /1997 Defense Provisions : • ALAE : Inside the Underlying Limits and Inside the Limits of Insurance Terms : • Pay on Behalf of Form • Service of Process — All States • Line of Duty Death — not to exceed $50 ,000 for voluntary payments; $ 100 ,000 max limit per policy period Definition of Claims : Claims — means a demand received by the insured for money damages , service of suit, or institution or arbitration processing against the insured . Definition of Occurrence : Occurrence — means an event, including continuous or repeated exposure to substantially the same generally harmful conditions . All claims arising out of the following events constitute one occurrence : a. a riot or insurrection ; b. a civil disturbance resulting in an official proclamation of state of emergency; c. a temporary curfew; or d . martial law. Definition of Suit : Suit — means a civil proceeding in which monetary damages are claimed because of a wrongful act to which this insurance applies suit includes : a. an arbitrational proceeding in which the insured must submit or does submit with the Company's consent; or b. any other alternative dispute resolution proceeding in which such damages are claimed and to which an insured submits with the Company's consent. Definition of Wrongful Act: Wrongful Act — means an actual or alleged error or omission , negligent act, neglect or breach of duty by an insured while conducting law enforcement activities, which result in : a. personal injury, or b. bodily injury, or c. property damage , caused by an occurrence . Exclusions : • Trade or Economic Sanctions • Nuclear Energy • Communicable Disease • Suicide • Injury caused by a beneficiary of this coverage • Heart attack or stroke which occurs more than 24 hours after the felonious injury • Terrorism 24 ©2022 Arthur J. Gallagher & Co. All rights reserved. ,07) Gallagher Gallagher Colorado Counties Casualty and Property Pool • O• CRE 360 Law Enforcement Liability ( Continued Claims Made Form Minimum Earned Premium : • 25% Audit Terms : • Flat, Non-Auditable Duties in the event of loss : If during the Policy Period , an Insured becomes aware of a Wrongful Act that could give rise to a Claim against an Insured and gives written notice to the Insurer prior to the end of the Policy Period of the following : 1 . the names of all potential claimants ; 2. the names of each Insured that committed the Wrongful Act; 3. a detailed description of the Wrongful Act; 4. the damage which has or may result from the Wrongful Act; and 5. the circumstances by which the Insured first became aware of such Wrongful Act; Then any Claim which subsequently arises out of such Wrongful Act shall be treated as a Claim first made during the Policy Period . Claims Reporting Insured must provide written notice of any claim or suit that will likely involve this policy and must Instructions : do so as soon as practicable . Claims can be reported to Arthur J . Gallagher Risk Management Services , Inc. Arthur J . Gallagher Risk Management Services , Inc. Email : GGB . NRCCIaimsCenter@ajg . com 25 ©2022 Arthur J. Gallagher & Co. All rights reserved. Cr) Gallagher Colorado Counties Casualty and Property Pool • CORE 360 2nd Excess Casualty Quota 5M xs 5M — Share Excess Follow Form Carriers : Upland Specialty Ins. Co . - $3M part of $5M (60% ) Texas Insurance Co . - $2M part of $5M (40% ) Policy Period : January 1 , 2022 to January 1 , 2023 Limits : Amounts overages $ 5 ,000 ,000 Each Occurrence/Wrongful Act $ 5 ,000 ,000 Combined Aggregate Coverage : Excess Follow Form Insurance per limits and schedule of underlying insurance below Underlying Coverage : Domestic Policies Evanston Ins. Co . Follow Form Excess $3 ,000 ,000 Each Occurrence $9 ,000 ,000 Aggregate QBE Specialty Ins . Co . Law Enforcement Liability $4 ,000 ,000 Each Occurrence $8 ,000 ,000 Aggregate Defense Provisions : • ALAE : Inside the Underlying Limits and Inside the Limits of Insurance • Terms : • Follow Form Primary Liability Coverages , Terms , Conditions , Provisions and Exclusions • Pay on Behalf of Form • Excess over Claims Made Insurance provisions in Underlying Insurance • Drop Down Provisions Apply — if the applicable limits of the underlying insurance are reduced or exhausted by payment of damages , the limits of insurance of this policy will apply in excess of such reduced or exhausted limits . • Must comply with all U .S . economic and trade sanctions • Must notify carrier of any changes in case law or statutes in Colorado that materially affect the exposures insured hereunder • Must get prior approval for additional Members and additional Named Insureds added during the insurance period • Exclusions : • Follow underlying policy exclusions • Cyber Liability • Organic Pathogens • War • Dam Failure • PFAS • Terrorism • Minimum Earned Premium : • 100% • Audit Terms : • Flat, Non-Auditable • Claims Reporting • Insured must provide written notice of any claim or suit that will likely involve this policy Instructions : and must do so as soon as practicable . • • Claims can be reported to Arthur J . Gallagher Risk Management Services, Inc. • • Arthur J . Gallagher Risk Management Services , Inc. • Email : GGB . NRCCIaimsCenter@ajg . com 26 ©2022 Arthur J. Gallagher & Co. All rights reserved. G.) Gallagher * * * * yt * it * PMA COMPANIES ** * ** 380 Sentry Parkway, P.O. Box 3031 , Blue Bell, PA 19422-0754 I T : 888 .476 .2669 PUBLIC ENTITY EXCESS LIABILITY POLICY th www. pmacompanies.com *** *41::, OLD REPUBLIC INSURANCE GROUP Pennsylvania Manufacturers ' Association Insurance Company , A Stock Insurance Company 3n b' itne55 fjjereof, the COMPANY has caused this policy to be signed by its President , or a Vice President and Secretary , at Blue Bell , PA . Sa371,..... hiAtes„ John Santulli III , President Stephen L . Kibblehouse , Secretary CPJOP1111 PENNSYLVANIA MANUFACTURERS ' ASSOCIATION INSURANCE COMPANY 380 Sentry Parkway, Blue Bell , PA 19422 PUBLIC ENTITY EXCESS LIABILITY COMMON POLICY DECLARATIONS 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 . Any 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 . NAMED INSURED : Colorado Counties Casualty and Property Pool c/o County Technical Services , Inc . MAILING ADDRESS : 800 Grant Street , Suite 400 Denver, CO 80203 BROKER OF RECORD : Karen Graham MAILING ADDRESS : Arthur J . Gallagher & Co 6300 South Syracuse Way, Suite 700 Centennial , CO 80111 POLICY PERIOD : FROM : 01 /01 /2022 TO : 01 /01 /2023 12: 01 am standard time at the mailing address of the first named insured . PREMIUM : $396 , 000 . 00 annual , minimum and deposit . Coverage applies only when a limit is shown in the Limits of Insurance schedule . In return for the payment of the premium , and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. POLICY NUMBER : 822200 0951483 CLAIMS ADMINISTRATOR : County Technical Services , Inc . MAILING ADDRESS : 800 Grant Street , Suite 400 Denver, CO 80203 CAPP PEL DS 01 20 Page 1 of 2 PENNSYLVANIA MANUFACTURERS ' ASSOCIATION INSURANCE COMPANY 380 Sentry Parkway, Blue Bell , PA 19422 FORMS AND ENDORSEMENTS ATTACHING TO THIS POLICY FORM NUMBER FORM NAME CAPP PEL DS 01 20 Public Entity Excess Liability Common Policy Declarations CAPP PEL DEC 01 -2022 Public Entity Excess Liability Limits of Insurance Schedule CAPP PEL FORM 01 -2018 Public Entity Excess Liability Policy CAPP PEL 99 09 01 20 Schedule of Participating Member Counties CAPP PEL 99 10 01 20 Additional Insured — Designated Person or Organization CAPP PEL 99 11 01 20 Retroactive Dates Amendment CAPP PEL 99 12 01 20 Exclusion of Certified Acts of Terrorism and Exclusion of Other Terrorist Acts CAPP PEL 99 13 12 20 Communicable Disease Exclusion CAPP PEL 99 14 01 22 Exclusion — Law Enforcement Activities AR MP 20 27 06 22 Claim Notice AR MP 20 34 03 21 Exclusion — Cyber Attack AR MP 20 35 03 22 Cannabis Exclusion and Definition — With Exceptions AR MP 20 54 03 22 Nuclear, Biological , Chemical or Radiological Exclusion CAPP PEL DS 01 20 Page 2 of 2 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY PUBLIC ENTITY EXCESS LIABILITY LIMITS OF INSURANCE SCHEDULE Coverage Limits of Insurance AUTOMOBILE LIABILITY $500 , 000 Each Occurrence AUTOMOBILE MEDICAL PAYMENTS $ 10 , 000* PERSONAL INJURY AND PROPERTY DAMAGE $500 , 000 Each Occurrence PREMISES MEDICAL PAYMENTS $ 10 , 000 * SEWER BACK- UP SUB- LIMIT $500 , 000 Each Occurrence PERSONAL INJURY AND PROPERTY DAMAGE $500 , 000 Aggregate Any One Policy Period , Per Member PRODUCTS AND COMPLETED OPERATIONS $500 , 000 Aggregate Any One Policy Period , Per Member PUBLIC OFFICIALS ERRORS & OMISSIONS LIABILITY $500 , 000 Each Wrongful Act PUBLIC OFFICIALS ERRORS & OMISSIONS LIABILITY $500 , 000 Aggregate Any One Policy Period , Per Member EMPLOYEE BENEFIT ADMINISTRATION $500 , 000 Each Wrongful Act EMPLOYEE BENEFIT ADMINISTRATION $500 , 000 Aggregate Any One Policy Period , Per Member * The Limits of Insurance above for AUTOMOBILE MEDICAL PAYMENTS and PREMISES MEDICAL PAYMENTS are Self- Insured by the Colorado Counties Casualty and Property Pool . Self-Insured Retention Coverage ALL COVERAGES $ 1 , 500 , 000 Each Occurrence or Wrongful Act The Self- Insured Retention above is inclusive of MEMBER retentions . The MEMBER retentions do not apply to the Aggregate Any One Policy Period Self- Insured Retention . Retroactive Date ALL PARTICIPATING MEMBER COUNTIES , July 1 , 1986 EXCEPTIONS PER RETROACTIVE DATES AMENDMENT CAPP PEL DEC 01 -2022 Page 1 of 1 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY PUBLIC ENTITY EXCESS LIABILITY POLICY FOR COLORADO COUNTIES CASUALTY AND PROPERTY POOL THIS POLICY IS A CLAIM -MADE POLICY WHICH PROVIDES LIABILITY COVERAGE ONLY IF A CLAIM IS MADE DURING THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD . Various provisions in this policy restrict coverage . Read the entire policy carefully to determine rights , duties and what is and is not covered . Words and phrases that appear in Bold have special meaning . Refer to SECTION VII - DEFINITIONS . In consideration of the payment of the premium and subject to the limits of liability, exclusions , conditions and other terms of this policy, the Company agrees with the Colorado Counties Casualty and Property Pool as follows : SECTION I - INSURING AGREEMENT A. The Company will pay those sums in excess of the Self- Insured Retention stated in the Declarations which the Insured becomes legally obligated to pay as Damages because of Automobile Liability , Personal Injury , Property Damage , Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability caused by an Occurrence or Wrongful Act to which this insurance applies . B . This insurance applies to a Claim seeking Damages because of Automobile Liability , Personal Injury , Property Damage , Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability only if: 1 . Such Claim is first made against an Insured during the policy period and written notice of such Claim is received by an Insured or the Company , whichever comes first; and 2 . In a Claim for Automobile Liability , Personal Injury or Property Damage , the Personal Injury or Property Damage : a . Is caused by an Occurrence ; and b. First occurred on or after the Retroactive Date stated in the Declarations ; 3 . In a Claim for Public Officials Errors and Omissions Liability , the Wrongful Act or Related Wrongful Acts first occurred on or after the Retroactive Date stated in the Declarations ; 4 . In a Claim for Employee Benefits Program Administration Liability , the Wrongful Act or Related Wrongful Acts first occurred on or after the Retroactive Date stated in the Declarations . C . This insurance also applies to a Claim seeking Automobile Medical Payments or Premises Medical Payments , but only if: 1 . Such Claim is first made against an Insured during the policy period and written notice of such Claim is received by an Insured or the Company , whichever comes first ; and 2 . The Bodily Injury : a . Is caused by an Occurrence ; and b . First occurred on or after the Retroactive Date stated in the Declarations . D . All Claims for Damages arising out of Automobile Liability , Personal Injury , Employee Benefits Program Administration Liability , Public Officials Errors and Omission Liability , Automobile Medical Payments or Premises Medical Payments to the same person or entity as a result of an Occurrence or Wrongful Act , including Claims by any additional persons or entities for care , loss of consortium , loss of services or death resulting at any time , will be deemed to have been made at the time the first of those Claims is made against an Insured . E . All Claims for Damages arising out of Property Damage causing loss to the same person or entity as a CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 1 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY result of an Occurrence will be deemed to have been made at the time the first of those Claims is made against an Insured . F . A Claim will be deemed to have been made when written notice of such Claim is received by any Insured or by us , whichever comes first . All Claims arising out of an Occurrence or Wrongful Act or Related Occurrences or Related Wrongful Acts will be deemed to have been made when the first such Claim was made against any Insured . SECTION II - DEFENSE COSTS A. The Colorado Counties Casualty and Property Pool will have the duty to defend all covered Claims . The Company shall have the right , but not the duty , to participate with the Insureds in the defense of any Claim or Suit which is or may be covered under this policy . If the Company elects to participate with the Insureds in the defense of any Claim or Suit , it will do so at its own expense . B . Defense Costs paid by the Insured will be included within the Insured 's Self- Insured Retention and reduce the Self- Insured Retention and Aggregate Any One Policy Period Self- Insured Retention as stated in the Declarations . C . After the Insured ' s Self- Insured Retention has been fully satisfied by the Colorado Counties Casualty and Property Pool , the Colorado Counties Casualty and Property Pool will continue to have the duty to defend all covered Claims , but the Company will reimburse the Colorado Counties Casualty and Property Pool for Defense Costs incurred after exhaustion of the Self- Insured Retention . Defense Costs paid by the Company are in addition to the limits of liability and do not reduce the limits of liability or aggregate limits of liability . SECTION III - LIMITS OF LIABILITY AND SELF-INSURED RETENTION Regardless of the number of ( 1 ) Insureds under this policy, (2) persons or entities who sustain injury or Damages , or (3) Claims made or Suits brought on account of Automobile Liability, Personal Injury, Property Damage , Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability the Company's liability is limited as follows : A . Self- Insured Retention 1 . The Each Occurrence or Wrongful Act Self- Insured Retention stated in the Declarations is the amount the Insured is responsible for in any one Occurrence or Wrongful Act , before the Company has any obligation to pay any of the limits of liability . 2 . The Aggregate Any One Policy Period Self- Insured Retention stated in the Declarations is the total amount of Each Occurrence or Wrongful Act Retention (s) the Insured is responsible for, in any one Policy Period . However, the Aggregate Any One Policy Period Self- Insured Retention does not include any amounts payable by a Participating Member county for an Occurrence or Wrongful Act as described in each Participating Member county' s Agreement for Partially Self- Funded Program issued by the Colorado Counties Casualty and Property Pool . 3 . The amount stated in the Declarations as the Self- Insured Retention applicable to each Occurrence or Wrongful Act and in the aggregate will be maintained and be the responsibility of the Colorado Counties Casualty and Property Pool . The Self- Insured Retention shall be reduced only by the Colorado Counties Casualty and Property Pool 's actual payment of: a . Defense Costs b . Damages ; or c. Attorney's fees and expenses taxes against an Insured for a Claim otherwise covered by this policy; and the Company has no indemnity obligation under this policy until the amount of the applicable Self- Insured Retention has been fully satisfied by such payments by the Colorado Counties Casualty and CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 2 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY Property Pool . The failure of the Colorado Counties Casualty and Property Pool to maintain or pay the Self- Insured Retention , including , but not limited to the insolvency, bankruptcy, liquidation or failure of Colorado Counties Casualty and Property Pool to pay on behalf of its Participating Members , will not obligate the Company to : a . Pay a greater amount than it would have been liable for had the Colorado Counties Casualty and Property Pool paid the Self- Insured Retention ; or b. Assume the defense of, or incur any expenses on behalf of, the Insureds under this policy. B . Upon full satisfaction of the Self- Insured Retention , the Company' s indemnity obligation is limited to payment of: 1 . Damages ; and 2 . Attorney's fees and expenses taxed against an Insured in a covered Claim in which such Damages are obtained ; subject to the limits of liability . Upon full satisfaction of the Self- Insured Retention , the Company will also thereafter reimburse the Colorado Counties Casualty and Property Pool for Defense Costs incurred and paid by the Insured after satisfaction of the Self- Insured Retention . The Company's obligation to reimburse the Colorado Counties Casualty and Property Pool for Defense Costs ends when the Company has exhausted the limit of liability that applies to its indemnity payments . C . Automobile Liability Limit 1 . For Automobile Liability caused by any one Occurrence , the Company will pay in excess of the Insured ' s Self- Insured Retention up to the amount stated in the Declarations . 2 . For Automobile Medical Payments , the limit of liability is Self- Insured , such that the Company has no obligations for Automobile Medical Payments . D . Personal Injury and Property Damage Limit 1 . For Personal Injury and Property Damage caused by any one Occurrence , the Company will pay in excess of the Insured ' s Self- Insured Retention up to the amount stated in the Declarations . 2 . For Premises Medical Payments , the limit of liability is Self- Insured , such that the Company has no obligations for Premises Medical Payments . 3 . Sewer Back- Up Sub- Limit . For Personal Injury and Property Damage caused by any one Occurrence of sewage back- up into a building or buildings (a) from any sewage facility or sanitary sewer that an Insured owns , operates or maintains or (b) arising out of the acts or actions of an Insured , the Company will pay in excess of the Insured 's Self- Insured Retention up to the amount of the Each Occurrence Sewer Back- Up Sub- Limit stated in the Declarations . The Each Occurrence Sewer Back- Up Sub- Limit is a Sub- Limit of the Personal Injury and Property Damage Limits and is subject to the Aggregate Any One Policy Period Limits . E . Public Officials Errors and Omissions Liability Limit For Public Officials Errors and Omissions Liability caused by any one Wrongful Act , the Company will pay in excess of the Insured 's Self- Insured Retention up to the amount stated in the Declarations . F . Employee Benefits Program Administration Liability For Employee Benefits Program Administration Liability caused by any one Wrongful Act , the Company will pay in excess of the Insured ' s Self- Insured Retention up to the amount stated in the Declarations . G . Aggregate Limits of Liability This policy is subject to Aggregate limits of liability as stated in the Declarations . The Aggregate limits of liability stated in the Declarations are the maximum amount of the Company 's liability for all Occurrences or Wrongful Acts during the policy period and apply separately to : CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 3 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY 1 . Personal Injury and Property Damage ; 2 . Products Liability and Completed Operations Liability ; 3 . Public Officials Errors and Omissions Liability 4 . Employee Benefits Program Administration Liability Aggregate limits apply separately for each Participating Member. Aggregate limits do not apply to Automobile Liability. H . For the purpose of determining the limit of the Company's liability, all Automobile Liability, Personal Injury or Property Damage Claims arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one Occurrence . For the purpose of determining the limit of the Company' s liability , Related Occurrences shall be considered one Occurrence . I . For the purpose of determining the limit of the Company's liability , all Wrongful Acts in Employee Benefits Program Administration Liability or Wrongful Acts in Public Officials Errors and Omissions Wrongful Acts taking place over more than one policy period will be deemed to have taken place during the policy period during which the Claim for Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability was first made and only the Limit of Liability for that policy period will apply. For the purpose of determining the limit of the Company's liability , Related Wrongful Acts shall be considered one Wrongful Act . SECTION IV — TERRITORY This insurance applies to Automobile Liability, Personal Injury, Property Damage , Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability occurring in the Coverage Territory . SECTION V - PERSONS OR ENTITIES INSURED A . Each of the following is an Insured : 1 . The Colorado Counties Casualty and Property Pool and each Participating Member included in the policy schedule . 2 . Those individuals who were or now are elected or appointed officials of the Participating Members , including members of their governing bodies or any other committees , trustees , boards or commissions of the Participating Members ; district attorneys , their assistants and staff while acting for or on behalf of district attorneys ; agents , volunteers , and useful public servants as that term is u sed under Colorado statutes governing useful public service ; all of the foregoing while acting for or o n behalf of the Participating Members . Exception : Members of the following boards or commissions are not Insureds : Housing Authorities , Port Authorities , School Boards , or Railroad Boards . 3 . Past or present employees of a Participating Member while acting for or on behalf of that Participating Member. 4 . Any person or entity as required by contract , but only for injury or damage that results from : a . Premises owned , rented or leased by a Participating Member; b . Work done by a Participating Member; or c. Any permitted or authorized user of an automobile owned or hired by a Participating Member, but only if the automobile is actually used for or on behalf of a Participating Member and within the scope of permission or authorization of the Participating Member. 5 . Any person while using an automobile owned or hired by a Participating Member and any person or e ntity permitting or authorizing that person to use the automobile , but only if the automobile is actually used for or on behalf of a Participating Member and within the scope of permission or authorization of the Participating Member. 6 . Any official , trustee or employee of a Participating Member with respect to the use of non- owned automobiles in the business of a Participating Member, but only if the automobile is actually used for o r on behalf of a Participating Member and within the scope of permission or authorization of the CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 4 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY Participating Member. B . Persons or entities insured do not include : 1 . Any person or entity operating an automobile sales agency, repair shop , service station , storage garage or public parking facility; 2 . Any employee of a Participating Member with respect to Bodily Injury to another employee of the same Participating Member injured in the course of such employment in an Occurrence arising out of the maintenance or use of an automobile in the business of such employer; 3 . The owner or lessee of a hired automobile , other than a Participating Member, or the agent or employee of the owner or lessee of a hired automobile . SECTION VI - EXCLUSIONS This insurance does not apply to : 1 . Workers Compensation Any Claim or obligation for which an Insured or its insurance carrier may be held liable under any worker's compensation , occupational disease , unemployment compensation , disability benefits law or any similar law . 2 . Property In an Insured 's Care , Custody or Control Any Claim arising out of Property Damage to : a . Real property occupied by or leased to an Insured , its agents or subcontractors ; or b. Real or personal property in an Insured 's , agent's or subcontractor's care , custody or control or which an Insured , its agents or its subcontractors are for any purpose exercising control , unless no other valid and collectible insurance is available to Participating Member. 3 . Contractual Liability Any Claim that the Insured is obligated to pay Damages for Automobile Liability, Personal Injury, Property Damage , Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability arising out of the Insured ' s assumption of liability in a contract or agreement . This exclusion does not apply to liability for Damages for Personal Injury or Property Damage : a . That the Insured would have in the absence of the contract or agreement ; or b . Assumed in a contract or agreement that is an Insured Contract , provided the Personal Injury or Property Damage occurs subsequent to the execution of the contract or agreement . Solely for the purposes of liability assumed in an Insured Contract , reasonable attorneys ' fees and necessary litigation expenses incurred by or for an Indemnitee , but not by or for the Insured , are deemed to be Damages because of the Personal Injury or Property Damage , provided : (1 ) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same Insured Contract ; and (2) Such attorneys ' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which Damages to which this insurance applies are alleged . But there is no coverage for an Insured Contract if the contract or agreement requires arbitration and the Company or the Colorado County Casualty and Property Pool is not entitled to exercise rights in the choice of arbitrators and in the conduct of the arbitration proceedings , or the Company or the Colorado County Casualty and Property Pool is deprived of the opportunity to exercise rights in the choice of arbitrators and conduct of such arbitration proceedings . 4 . Health Care Professional Services Any Claim arising out of the performance of or failure to perform Health Care Professional Services by any Insured who is a medical doctor, psychologist , psychotherapist or nurse practitioner. This exclusion does not apply to : CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 5 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY a . Administrative duties performed by a medical doctor, psychologist , psychotherapist or nurse practitioner; or b . The handling or treatment of corpses , autopsies and other postmortem procedures performed by a medical doctor; in the scope of his or her duties . 5 . Failure To Supply Any Claim arising out of the failure to supply a specific amount of electrical power, fuel or water or to liability arising out of the interruption of the electrical power, fuel or water supply. However, this exclusion does not apply if the failure to supply results from accidental damage to tangible property owned or used by any Insured to obtain , produce , process , or transmit such service . 6 . Nuclear Energy Liability a . Any Claim : (1 ) With respect to which an Insured is also an Insured under a nuclear energy policy issued by the N uclear Energy Liability- Property Insurance Association , Mutual Atomic Energy Liability U nderwriters of Nuclear Insurance Association of Canada , or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the hazardous properties of nuclear material and with respect to which (a) any person or any entity is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 , or any law amendatory thereof, or ( b) the Insured is , or had this policy not been issued would be , entitled to indemnity from the United States of America , or any agency thereof, u nder any agreement entered into by the United States of America , or any agency thereof, with any person or entity . b . Under any Medical Payments coverage , to expenses incurred with respect to Bodily Injury resulting from the " hazardous properties " of " nuclear material " and arising out of the operation of a " nuclear facility" by any person or organization . c. Under any liability coverage , any Claim for Bodily Injury or Property Damage resulting from the " hazardous properties " of " nuclear material " , if: (1 ) The " nuclear material" : (a) is at any " nuclear facility" owned by, or operated by or behalf of, an Insured or (b) has been discharged or dispensed therefrom ; (2) The " nuclear material " is contained in "spent fuel" or "waste " at any time possessed , handled , u sed , processed , stored , transported or disposed of, by or on behalf of an Insured ; or (3) The Bodily Injury or Property Damage arises out of the furnishing by an Insured of services , materials , parts or equipment in connection with the planning , construction , maintenance , o peration or use of any " nuclear facility" , but if such facility is located within the United States of America , its territories or Canada , this exclusion (3) applies only to Property Damage to such nuclear facility and any property threat . As used in this exclusion : (1 ) " hazardous properties " includes radioactive , toxic or explosive properties ; (2) " nuclear material " means source material , "special nuclear material" or " by- product material" ; (3) "source material " , "special nuclear material" and " by- product material " have the meanings given them in the Atomic Energy Act of 1954 or any law amendatory thereof; (4) "spent fuel " means any fuel element or fuel component , solid or liquid , which has been used or exposed to radiation in a " nuclear reactor" ; (5) "waste " means any waste material : (a) containing " by- product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" contents ; and CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 6 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY (b) resulting from the operation by any person or entity of a " nuclear facility" included within the definition of " nuclear facility" ; (6) " nuclear facility" means : (a) any " nuclear reactor" ; (b) any equipment or device designed or used for: (i) separating the isotopes of uranium or plutonium ; (ii) processing or utilizing spent fuel ; or (iii) handling , processing or packaging wastes ; (c) any equipment or device used for the processing , fabricating , or alloying of "special nuclear material " if at any time the total amount of such material in the Insured 's custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium235 ; (d) any structure , basin , excavation , premises or place prepared or used for storage or disposal of "waste and includes the site on which any of the foregoing is located , all operations conducted on such site and all premises used for such operations ; (7) " nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction to contain a critical mass of fissionable material ; and (8) Personal Injury or Property Damage includes all forms of radioactive contamination . 7 . Pollution Liability a . Any Claim arising directly or indirectly out of, or in any way related to the actual , alleged or threatened "discharge " of Pollutants : (1 ) At or from any premises , site or location which is or was at any time owned or occupied by , or rented or loaned to , any Insured . However, this paragraph does not apply to : (a) Bodily Injury if sustained within a building and caused by smoke , fumes , vapor or soot produced by or originating from equipment that is used to heat , cool or dehumidify the building , or equipment that is used by the building 's occupants or their guests to heat water for personal use ; (b) Bodily Injury or Property Damage for which an Insured may be held liable , if the Insured is a contractor and the owner or lessee of the premises , site or location of the Insured ' s work has been added to the Insured ' s policy as an additional insured with respect to the Insured ' s ongoing operations performed for that additional insured at that premises , site o r location and such premises , site or location is not and never was owned or occupied by , o r rented or loaned to , any Insured , other than that additional insured ; or (c) Bodily Injury or Property Damage arising out of heat , smoke or fumes from a hostile fire ; (2) At or from any premises , site or location which is or was at any time used by or for any Insured o r others for the handling , storage , disposal , processing or treatment of waste ; (3) Which are or were at any time transported , handled , stored , treated , disposed of, or processed as waste by or for any Insured or others ; (4) At or from any premises , site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured 's behalf are performing operations if the Pollutants are brought on or to the premises , site or location in connection with such o perations by such Insured , contractor or subcontractor. However, this paragraph does not apply to Bodily Injury or Property Damage arising out of the escape of fuels , lubricants or other operating fluids which are needed to perform the normal e lectrical , hydraulic or mechanical functions necessary for the operation of Mobile Equipment o r its parts , if such fuels , lubricants or other operating fluids escape from a vehicle part designed CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 7 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY to hold , store or receive them . This exception does not apply if the Bodily Injury or Property Damage arises out of the intentional " discharge" of the fuels , lubricants or other operating fluids , or if such fuels , lubricants or other operating fluids are brought on or to the premises , site or location with the intent that they be "discharged " as pad of the operations being performed by such Insured , contractor or subcontractor; (5) At or from any premises , site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured 's behalf are performing operations if the operations are to test for, monitor, clean up , remove , contain , treat , detoxify or neutralize , or in any way respond to , or assess the effects of, Pollutants . b . Any loss , cost or expense arising directly or indirectly out of, or in any way related to any : ( 1 ) Request , demand , order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up , remove , contain , treat , detoxify or neutralize , or in any way respond to , o r assess the effects of, Pollutants ; or (2) Claim by or on behalf of a governmental authority because of testing for, monitoring , cleaning u p , removing , containing , treating , detoxifying or neutralizing , or in any way responding to , or assessing the effects of, Pollutants . However, this paragraph does not apply to liability for Damages because of Property Damage that the Insured would have in the absence of such request , demand , order or statutory or regulatory requirement , or such Claim by or on behalf of a governmental authority . c. This exclusion does not apply to any Claim that results from a "discharge " of: (1 ) Chemicals used in sewage treatment , swimming pool maintenance , or water purification o perations ; or (2) Natural gas or propane gas used in sewage treatment , swimming pool maintenance , or water purification operations . d . This exclusion does not apply to Bodily Injury or Property Damage that results from a "discharge" any Pollutants in the providing of: (1 ) Potable water supplied to others ; (2) Urgent response for the protection of property, human life , health or safety conducted away from premises owned by or rented to or regularly occupied by an Insured ; (3) Training operations by an Insured ; (4) Water runoff from the cleaning of equipment used in an emergency service activity; or (5) Fuels , lubricants , fluids , exhaust gases or similar Pollutants that are needed for or result from the normal electrical , hydraulic or mechanical functioning of a covered automobile and that escape , seep or migrate , or are discharged , dispersed or released , directly from a pad of the covered automobile designed by its manufacturer to hold , store , receive or dispose of such Pollutants . e . This exclusion does not apply to Bodily Injury or Property Damage to a building or its contents if such Bodily Injury or Property Damage is caused by a "discharge" related to the escape or back- up of sewage or waste water from any sewage treatment facility or fixed conduit or piping owned , operated , leased , controlled or for which an Insured has the right of way , but only if Bodily Injury or Property Damage occurs away from land owned or leased by an Insured and does not result from any corrosive or radioactive Pollutants in the sewage or waste water. f. This exclusion does not apply to the application of any pesticide or herbicide by or for an Insured if such application or use meets all legal or license requirements of any governmental agency or authority which apply to it . The exceptions set forth in Paragraphs c . , d . and e . of this exclusion only apply if the discharge is accidental , unintended and stopped as soon as possible . The entirety of any "discharge" or series of related discharges will be deemed a single discharge regardless of the length of time over which the Pollutants are released . The entirety of any "discharge " CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 8 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY or series of related "discharges " will be deemed to have occurred at the date the earliest "discharge " commenced . " Discharge" as used in this exclusion includes dispersal , seepage , migration , release or escape . 8 . Lead Any Claim arising out of the ingestion , inhalation , absorption or exposure to lead in any form from any source . 9 . Silica or Silica-Related Dust Any Claim arising , in whole or in pad , out of silica or silica- related dust . As used in this exclusion : a . Silica means silicon dioxide (occurring in crystalline , amorphous and impure forms) , silica particles , silica dust or silica compounds . b. Silica- related dust manes a mixture or combination of silica and other dust or particles . 10 . Noise Pollution Liability Any Claim arising out of noise pollution . Noise pollution means loud or irritating sounds . 11 . Asbestos Liability a . Any Claim arising out of the manufacture of, mining of, use of, sale of, installation of, removal of distribution of or exposure to asbestos products , asbestos fibers or asbestos dust; or b . Any Claim that the Insured defend , indemnify or hold harmless any person or entity for Personal Injury or Property Damage arising out of the manufacture of mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos , asbestos products , asbestos fibers or asbestos dust . 12 . ERISA Any Claim arising out of the " Employee Retirement Income Security Act of 1974 " and any law amendatory thereof. 13 . Sexual Abuse Any Claim for any individual Insured who personally commits , participates in , or assists in , any act of Sexual Abuse . However, defense will be afforded to such individual Insured as would otherwise be entitled until such time that individual Insured : a . Is judicially determined to have committed , participated in or assisted in any act of Sexual Abuse ; b . Admits in any context to having committed , participated in or assisted in any act of Sexual Abuse ; or c. Has committed , participated in or assisted in any physical contact that is considered Sexual Abuse . 14 . Aircraft Any Claim arising out of the ownership , maintenance or use , including the loading or unloading of aircraft . However, this exclusion does not apply to aircraft that is not owned or chartered by an Insured if: a . The aircraft is chartered with crew , including a pilot , not employed by the Insured ; and b. The Insured is not using the aircraft to carry persons or property for a charge . 15 . Watercraft Any Claim arising out of the ownership , maintenance or use , including loading or unloading , of watercraft over 26 feet in length , but this exclusion only applies if said watercraft is used to carry persons for hire . 16 . War Any Claim arising directly or indirectly out of, or in any way related to war, invasion , acts of foreign enemies , any weapon of war employing atomic fission or radioactive force whether in time of peace or war, hostilities , civil war, rebellion , revolution , insurrection , military or usurped power, confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority unless such acts of destruction by order of civil authority is at the CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 9 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY time of and for the purpose of preventing spread of fire . 17 . Prior Notice Any Claim or potential Claim or Occurrence or Wrongful Act or circumstances for which a Participating Member has provided notice to any other insurance company before the policy period shown in the Policy Declarations . 18 . Prior Knowledge Any Claim arising out of any act , error, omission , injury, damage , Occurrence , Wrongful Act , facts or circumstances occurring prior to the policy period shown in the Policy Declarations if any Insured , before inception of the policy period , knew or could reasonably have foreseen that such act , error, omission , injury , damage , Occurrence , Wrongful Act , facts or circumstances might be the basis of a Claim . 19 . Prior or Pending Litigation Any Claim based upon , arising from , or in any way related to any demand , Suit , or other proceeding against any Insured which was pending on or existed prior to the policy period shown in the Policy Declarations , or the same or substantially similar facts , circumstances or allegations which are the subject of or the basis for such demand , Suit , or other proceeding . 20 . Prior Occurrence of Wrongful Act Any Claim arising out of an Occurrence or Wrongful Act which occurred prior to the Retroactive Date in the Declarations . 21 . Advertising , Broadcasting , Publishing or Telecasting Operations Any Claim arising out of a publication or utterance in advertising , publishing , broadcasting or telecasting done by an Insured that : a . Slanders or libels a person or entity or disparages a person 's or entity's goods , products , property or services , and piracy and infringement of copyright or of property ; or b . Violates a person 's right of privacy. 22 . Premises Medical Expenses of Certain Persons Premises Medical Payments coverage for any of the following : a . A person injured on that part of your premises that the person normally occupies ; b. Coverage provided under Products Liability and Completed Operations Liability ; c. A person injured while practicing for or participating in any athletic or sports contest or exhibition sponsored , conducted or directed by an Insured ; or d . Any person who is sentenced and imprisoned in , committed to , confined in , or detained in any county jail or other detention facility . 23 . Declaratory and Injunctive Relief Any Claim or any part of any Claim seeking injunctive , declaratory or equitable relief and related costs inclusive of any attorneys ' fees or attorneys ' expenses . This includes any amount required to comply with a court or administrative order, judgment , ruling , or decree that results from any action or demand , including , but not limited to , costs of physical alterations required to comply with the Americans with Disabilities Act . 24 . Wages Any Claim : a . For wages , overtime or other wage related compensation for Persons or Entities Insured , except for wages sought as part of a claim for wrongful termination or discrimination under Public Officials Errors and Omissions Liability ; or b. Arising out of a collective employee bargaining agreement . 25 . Breach of Contract Any Claim arising out of breach of contract , whether express or implied , or arising out of non- completion CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 10 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY of a contract , delay in performing a contract or non- compliance with contract deadlines . 26 . Eminent Domain Any Claim arising out of eminent domain , inverse condemnation , regulatory taking , adverse possession or dedication by adverse use . For Public Officials Errors and Omissions Liability only, this exclusion does not apply to Claims for zoning variances , zoning or rezoning decisions or for the authorized acts of a Participating Member's Treasurer, Sheriff, Health Department or their respective employees , volunteers or agents . 27 . Employers Liability Any Claim arising out of: a . Bodily Injury to an employee of the Insured and arising out of and in the course of: (1 ) Employment by the Insured ; or (2) Performing duties related to the conduct of the Insured ' s business ; b. Bodily Injury to the spouse or any child , parent , brother or sister of that employee if such Bodily Injury arises out of the Bodily Injury to the employee . This exclusion applies whether the Insured may be held liable as an employer or in any other capacity and to any obligation of the Insured to share Damages with or repay someone else who must pay Damages because of Bodily Injury to any employee of the Insured . However, this exclusion does not apply to Bodily Injury for which the Insured has assumed liability under contract . 28 . Intellectual Property a . Any Claim arising out of actual or alleged infringement or violation of any of the following rights or laws : (1 ) Copyright ; (2) Patent ; (3) Trade dress ; (4) Trade name ; (5) Trade secret; (6) Trademark ; or (7) Other intellectual property rights or laws . b. But this exclusion does not apply to a Claim for Personal Injury that results from the unauthorized use of any copyrighted or trademarked advertising material , slogan , style , or title of others in the Insured 's advertising . 29 . Fungi or Bacteria a . Any Claim arising out of any actual , alleged or threatened inhalation of, ingestion of, contact with , exposure to , existence of, or presence of, any Fungi or bacteria on or within a building or structure , including its contents , regardless of whether any other cause , event , material or product contributed concurrently or in any sequence to such injury or damage . b. Any loss , cost or expenses arising out of the abating , testing for, monitoring , cleaning up , removing , containing , treating , detoxifying , neutralizing , remediating or disposing of, or in any way responding to , or assessing the effects of, Fungi or bacteria , by any Insured or by any other person or entity. This exclusion does not apply to any Fungi or bacteria that are , are on , or are contained in , a good or product intended for bodily consumption . 30 . Nursing Homes and Assisted Living Facilities Any Claim by any person who is on a Participating Member's nursing home or assisted living facility premises for the purpose of receiving any medical evaluation , care or treatment . CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 11 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY 31 . Hospitals and Medical Clinics Any Claim for Personal Injury , Property Damage or Premises Medical Payments arising out of the o peration of any hospital or medical clinic, including : a . The ownership , maintenance or use of any premises used in such operation ; b . Product Liability arising from products that are distributed in such operation ; or c. Completed Operations Liability for operations done anywhere that is related to the operation of such hospital or medical clinic. However, this exclusion does not apply to Automobile Liability . 32 . Criminal , Malicious , Dishonest, or Fraudulent Errors , Omissions , or Acts or Willful or Knowing Violation of Rights and Law Any Claim arising out of any criminal , malicious , dishonest , or fraudulent errors , omissions , or acts or a willful or knowing violation of rights and laws . 33 . Personal Financial Gain Any Claim arising out of an Insured obtaining financial gain to which the Insured is not legally entitled . 34 . Ski Facility Any Claim arising out of the operation of any ski facility, including : a . The ownership , maintenance or use of any premises used in such operation ; b. Product Liability arising from products that are distributed in such operation ; or c. Anywhere that are related to the operation of such ski facility. However, this exclusion does not apply to cross country ski operations at a premises not normally o perated as a full-time ski facility. Nor does it apply to Automobile Liability . 35 . Ski Equipment Rental Any Claim arising out of the rental of ski equipment . However, this exclusion does not apply to rental of ski equipment at a premises not normally operated as a full- time ski facility. 36 . Rodeo Participants Any Claim arising out of practice for, or participation in , rodeo events of any kind . 37 . Airport, Airfield , Hanger or Terminal Any Claim arising out of the operation of an airport , airfield , hangar or terminal , including : a . The ownership , maintenance or use of any premises used in such operation ; b . Product Liability arising from products that are distributed in such operation ; or c. Completed Operations Liability for operations done anywhere that are related to the operation of such airport , airfield , hanger or terminal . However, this exclusion does not apply to Automobile Liability . 38 . Particular Authorities and Boards Any Claim arising out of activities or operations of Housing Authorities , Port Authorities , School Boards o r Railroad Boards . 39 . Fines , Penalties , Punitive , Multiplied or Exemplary Damages Any fines , penalties , punitive , multiplied or exemplary damages . 40 . Access or Disclosure of Confidential or Personal Information and Data-Related Liability Any Claim arising out of any access to or disclosure of any person 's or organization 's confidential or personal information , including patents , trade secrets , processing methods , customer lists , financial information , credit care information , health information or any other type of nonpublic information . This CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 12 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY exclusion applies even if damages are Claims for notification costs , credit monitoring expenses , forensic expenses , public relations expenses or any other loss , cost or expense incurred by you or others arising out of any access to or disclosure of any person 's or organization 's confidential or personal information . 41 . Automobile Liability — Uninsured and Underinsured Motorist Exclusion In addition to exclusions 1 . through 40 . above and any exclusion added by endorsement , the insurance for Automobile Liability also does not apply to any Claim against an Insured arising out of any Uninsured or Underinsured Motorist law . 42 . Public Officials Errors and Omissions Liability Exclusions In addition to exclusions 1 . through 40 . above and any exclusion added by endorsement, the insurance for Public Officials Errors and Omissions Liability also does not apply to any Claim arising out of: a. Automobile Liability, Personal Injury, Property Damage or Employee Benefits Administration Liability. b . Estimates of probable costs or cost estimates being exceeded , faulty preparation of bid specifications o r failure to award contracts in accordance with statute or ordinance . c. Injury to , destruction or disappearance of any tangible property including money or the loss of use thereof. d . Faulty preparation of maps , plans , reports , survey, designs , bid documents , or specifications . This exclusion does not apply to Claims arising out of the foregoing services when they were provided to an Insured by an additional insured . e . Activities in a fiduciary capacity . f. Improper assessment , calculation or collection of taxes , or loss that reflects any tax obligation . This exclusion does not apply to Claims arising out of the administration functions involved in the collection or refund of taxes . g . Any violation of any of the duties or responsibilities required of any Insured as an employer by the following laws , amendments to those laws , or similar provisions of any other laws , rules or regulations , including the following : (1 ) Fair Labor Standards Act , except the Equal Pay Act , (2) National Labor Relations Act , (3) Worker Adjustment and Retraining Notification Act , (4) Consolidated Omnibus Budget Reconciliation Act of 1985 , (5) Occupational Safety and Health Act , or (6) Employee Retirement Income Security Act of 1974 . This exclusion does not apply to Claims for retaliatory action against any employee for the e mployee 's exercising of rights afforded by such laws . h . Liability to any employee on strike or lockout or temporarily or permanently replaced due to any labor dispute , including for breach of a collective bargaining agreement . This exclusion does not apply to Claims for retaliatory action taken in response to any of your employees for participating in any strike o r lockout . i . Breach of contract , whether express or implied , non - completion of contract , delay or non - compliance with contract deadlines . This exclusion does not apply to an employment- related Claim alleging a breach of an implied contract of employment . An implied contract of employment is one that arises o ut of one or more statements in an Insured 's personnel handbook , employment policy manual or similar document , but does not include any express contract of employment for services between any claimant and an Insured . However, exclusions b . , d . and e . do not apply to any contingent or vicarious liability of a Participating Member arising out of one or more of the above referenced Wrongful Acts committed by an elected or appointed official of a Participating Member. CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 13 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY 43 . Employee Benefits Program Administration Liability — Personal Injury and Property Damage Exclusion In addition to exclusions 1 . through 40 . above and any exclusion added by endorsement , the insurance for Employee Benefits Program Administration Liability also does not apply to any Claim for Personal Injury or Property Damage . SECTION VII - DEFINITIONS 1 . "Automobile Liability" means Bodily Injury or Property Damage resulting from the ownership , maintenance , use or operation of any auto owned , rented , leased , or borrowed by any Insured but only if the automobile is actually used or operated for or on behalf of a Participating Member and within the scope of permission or authorization of the Participating Member. Automobile Liability includes loading or unloading to or from such auto . 2 . "Automobile Medical Payments " means reasonable expenses incurred for necessary medical and funeral services incurred by any Insured to someone other than an Insured under this policy who sustains Bodily Injury caused by an Occurrence during the policy period while in , upon , getting in , on , out or off a covered auto , but only if reported within three years from the date of the Occurrence . Automobile Medical Payments includes only those expenses incurred for services rendered within three years from the date of the Occurrence . 3 . " Bodily Injury" means any harm to the health of other persons , including physical harm , sickness , disease , disability, shock , mental anguish , humiliation , mental injury , or death . 4 . "Claim " or " Claims" means a written demand , including a Suit , for payment of money Damages . 5 . "Company" means the insurer(s) specified in the Declarations . 6 . "Completed Operations Liability" : a . Includes Bodily Injury and Property Damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto , but only if the Bodily Injury or Property Damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to an Insured . "Operations " include materials , parts or equipment furnished in connection therewith . Operations shall be deemed completed at the earliest of the following times : (1 ) When all operations to be performed by or on behalf of the Insured under the contract have been completed ; (2) When all operations to be performed by or on behalf of the Insured at the site of the operations have been completed ; or (3) When the portion of the work out of which the injury or damage arises has been put to its intended use by any person or entity other than another contractor or subcontractor engaged in performing operations for a principal part of the same project . Operations which may require further service or maintenance work , or correction , repair or replacement because of any defect or deficiency, but which are otherwise completed , shall be deemed completed . b. "Completed Operations Liability" does not include Bodily Injury or Property Damage arising out of: (1 ) Operations in connection with the transportation of property unless the Bodily Injury or Property Damage arising out of a condition in or on an automobile created by the loading or unloading thereof; or (2) The existence of tools , uninstalled equipment or abandoned or unused materials . 7 . " Coverage Territory" means : a . The United States of America (including its territories and possessions) ; CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 14 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY b. International waters or airspace , but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a . above ; or c. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in Paragraph a . above , but is away for a short time on your business provided the Insured 's responsibility to pay Damages is determined in a Suit on the merits , in the territory described in Paragraph a . above or in a settlement the Company agrees to . 8 . " Damages" means money Damages . Damages does not include fines , penalties , any amount awarded as liquidated Damages pursuant to any federal or state statute , or punitive , multiplied or exemplary Damages . 9 . "Defense Costs" means reasonable and customary fees , costs and expenses , including attorney's fees and expenses , incurred in defending any Claim to which this insurance applies . Defense Costs includes the reasonable and customary fees , costs and expenses , including attorney's fees and expenses , incurred by the Insured in defending an Indemnitee . Defense Costs does not include : the salaries , wages , overhead , fees , costs or expenses of the Company or the Insured , or their respective employees or officials ; or attorney's fees or expenses taxed against an Insured in any Claim . 10 . " Employee Benefits Program " includes a . Pension and profit sharing plans ; b . Individual retirement ( IRA) plans ; c . Salary reduction plans under Internal Revenue Code 401 (k) or amendments ; d . Savings plans ; e . Group plans for life , health , dental , disability , automobile , homeowners , or legal advice insurance ; f. Social security system benefits ; g . Workers ' compensation and unemployment insurance ; h . Travel and vacation plans ; and i . Educational tuition reimbursement plans . 11 . " Employee Benefits Program Administration Liability" means Wrongful Acts in : a . Giving counsel to employees with respect to an Employee Benefits Program ; b . Interpreting an Employee Benefits Program ; c. Handling records in connection with an Employee Benefit Program ; or d . Effecting enrollment , termination or cancellation of employees under an Employee Benefit Program ; if the activities in those Wrongful Acts are authorized by an Insured . 12 . Fungi means : Any type or form of fungus , including mold or mildew and any mycotoxins , spores , scents or byproducts produced or released by Fungi . 13 . " Health Care Professional Services " includes : a . Any dental , medical , mental , nursing , surgical , x- ray , or other Health Care Professional Service , including any advice , instruction , food , or beverage provided with such service ; b. The dispensing of drugs or medical or dental supplies and appliances ; and c. The handling or treatment of corpses , including autopsies , organ donations , and other postmortem procedures . 14 . " Indemnitee" means a person or entity, other than an Insured , who is a party to an Insured Contract and for whom the Insured assumed liability for Damages for Personal Injury or Property Damage in the contract or agreement . 15 . "Insured " means the Colorado Counties Casualty and Property Pool and its Participating Members and any person or entity qualifying as an Insured under SECTION V - PERSONS OR ENTITIES INSURED . CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 15 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY 16 . " Insured Contract" means : a . A contract for a lease of premises ; b. A sidetrack agreement ; c. Any easement or license agreement ; d . An obligation , as required by ordinance , to indemnify a municipality, except in connection with work for a municipality ; e . An elevator maintenance agreement ; f. That pad of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for Personal Injury or Property Damage to a third person or organization . Tort liability means a liability that would be imposed by law in the absence of any contract or agreement . Paragraph f. does not include that part of any contract or agreement: (1 ) That indemnifies an architect , engineer or surveyor for Personal Injury or Property Damage arising out of: (a) Preparing , approving , or failing to prepare or approve , maps , shop drawings , opinions , reports , surveys , field orders , change orders or drawings and specifications ; or (b) Giving directions or instructions , or failing to give them , if that is the primary cause of the injury or damage . (2) Under which the Insured , if an architect , engineer or surveyor, assumes liability for Personal Injury or Property Damage arising out of the Insured 's rendering or failure to render professional services , including those listed in (2) above and supervisory, inspection , architectural or engineering activities . 17 . " Mobile Equipment" means any of the following types of land vehicles , including any attached machinery o r equipment : a . Bulldozers , farm machinery , forklifts and other vehicles designed for use principally off public roads ; b. Vehicles maintained for use solely on or next to premises you own or rent ; c. Vehicles that travel on crawler treads ; d . Vehicles , whether self- propelled or not , maintained primarily to provide mobility to permanently mounted : (1 ) Power cranes , shovels , loaders , diggers or drills ; or (2) Road construction or resurfacing equipment such as graders , scrapers or rollers ; e . Vehicles not described in Paragraph a . , b . , c . or d . above that are not self- propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types : (1 ) Air compressors , pumps and generators , including spraying , welding , building cleaning , geophysical exploration , lighting and well servicing equipment ; or (2) Cherry pickers and similar devices used to raise or lower workers ; f. Vehicles not described in Paragraph a . , b . , c . or d . above maintained primarily for purposes other than the transportation of persons or cargo . However, self- propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment but will be considered " autos " : (1 ) Equipment designed primarily for: (a) Snow removal ; (b) Road maintenance , but not construction or resurfacing ; or (c) Street cleaning ; CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 16 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers ; and (3) Air compressors , pumps and generators , including spraying , welding , building cleaning , geophysical exploration , lighting and well servicing equipment . Mobile Equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or designated as covered autos under your automobile liability insurance . Instead , those land vehicles are considered " autos " . 18 . "Occurrence " means : An accident or event , including continuous or repeated exposure to conditions , provided that all such exposure to substantially the same general conditions shall be deemed one Occurrence . 19 . " Personal Injury" means : a . Bodily Injury ; b. False arrest , false imprisonment , wrongful detention , or malicious prosecution ; c. Violation of civil rights ; d . Wrongful entry into , or eviction of any person from , a room , dwelling , or premises that a person occupies , or other invasion of the right of private occupancy ; e . A publication or utterance that slanders or libels a person or entity, including defamation , or disparages a person 's or entity's goods , products , property or services ; f. Piracy and infringement of copyright or of written or intellectual property ; g . A publication or utterance that violates a person 's right of privacy; h . Assault and battery, not committed by or at the direction of, or with the consent of an Insured . However, this limitation does not apply : (1 ) If committed or directed for the purpose of protecting persons from injury or death , or damage ; or (2) To liability arising out of corporal punishment ; or i . Improper or erroneous service of civil papers . 20 . "Pollutants " means any solid , liquid , gaseous or thermal irritant or contaminant , including smoke , vapor, soot , fumes , acids , alkalis , chemicals and waste . Waste includes materials to be recycled , reconditioned or reclaimed . 21 . " Premises Medical Payments" means medical expenses , in excess of any "other insurance " , incurred because of Bodily Injury to someone other than an Insured under this policy caused by an accident during the policy period on an Insured 's premises or as part of an Insured 's operations regardless of fault that are incurred and reported within one year of the date of the accident . a . Premises Medical Payments includes expenses for: (1 ) First aid at the time of the accident , (2) Necessary medical surgical , x- ray and dental services , including prosthetic devices ; and (3) Necessary ambulance , hospital , professional nursing , and funeral services . b . For the purposes of Premises Medical Payments , " other insurance " means valid and collectible insurance , or the funding of losses , available through : (1 ) Another insurance company ; (2) A risk retention group ; (3) A self- insurance method or program , other than any funded by Colorado Counties Casualty and Property Pool ; or (4) Any similar risk transfer method . CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 17 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY 22 . " Products Liability" means Bodily Injury and Property Damage arising out of an Insured 's products o r reliance upon a representation or warranty with respect thereto , but only if the Bodily Injury or occurs away from premises owned by or rented to an Insured and after physical possession has been relinquished to others . 23 . " Property Damage" means : a . Physical injury to or destruction of tangible property which occurs during the policy period , including the loss of use thereof at any time resulting therefrom ; or b . Loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an Occurrence during the policy period . 24 . "Public Officials Errors and Omissions Liability" means Wrongful Acts by an Insured arising from an action or inaction or ministerial act , mistake , misstatement , error, omission , or violation of antitrust statutes by an Insured in the discharge of duties for an Insured . A Wrongful Act in Public Officials Errors and Omissions Liability includes but is not limited to wrongful termination or discrimination based upon race , religion , nationality, national origin , color, creed , sex or age . 25 . " Related Occurrences " means any multiple , repeated , or continuous Occurrences that are logically or causally connected by the same or similar facts or circumstances or series of the same or similar facts o r circumstances . 26 . " Related Wrongful Acts" means any multiple , repeated , or continuous Wrongful Acts that are logically o r causally connected by the same or similar facts or circumstances or series of the same or similar facts o r circumstances . 27 . " Sexual Abuse " means any actual , attempted or alleged sexual misconduct of a person by another person or persons acting in concert , whether consensual or not , regardless if criminal charges or proceedings are brought , which cause physical and/or mental injuries . Sexual Abuse includes actual , attempted or alleged sexual molestation , sexual assault , sexual exploitation or sexual injury . Sexual Abuse does not include sexual harassment . 28 . "Suit" means a civil proceeding in which Damages are alleged . It includes a binding arbitration proceeding for Damages , and any other binding alternative dispute resolution , to which the Insured submits with the Company' s consent . 29 . "Wrongful Act" means any actual or alleged act , error or omission , arising out of the conduct or performance of any elected or appointed officials of an Insured in the performance of his or her duties . All such exposure to substantially the same general conditions shall be deemed one Wrongful Act . SECTION VIII - CONDITIONS 1 . Separation of Insureds Except with respect to Limits of Insurance , and any rights or duties specifically assigned to the Colorado Counties Casualty and Property Pool , this insurance applies as if each Insured were the only Insured ; and separately to each Insured against whom Claim is made or Suit is brought . 2 . Insured 's Duties in the Event of Occurrence , Wrongful Act or Claim a . In the event of an Occurrence , Wrongful Act or Claim reasonably likely to involve the insurance under this policy, the Colorado Counties Casualty and Property Pool shall give written notice to the Company as soon as practicable . The notice shall contain particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time , place , and circumstances of the Occurrence , Wrongful Act and Claim , and the names and addresses of any injured or damaged persons or entities and available witnesses . In the event of a Claim , the Insured ' s notice shall include a copy of any written demands or Suit papers . b . Failure to give notice of any Occurrence or Wrongful Act which initially did not appear reasonably likely to involve the insurance under this policy will not prejudice the Colorado Counties Casualty and Property Pool ability to subsequently give notice of a Claim arising from such Occurrence or Wrongful Act , provided that written notice of such Claim is given as soon as practicable following the Colorado Counties Casualty and Property Pool 's receipt of such Claim . CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 18 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY c. The Colorado Counties Casualty and Property Pool shall give written notice to the Company as soon as practicable , following notice to the Colorado Counties Casualty and Property Pool , of a Claim which involves : (1 ) Death ; (2) Brain Damage ; (3) Paraplegic or quadriplegic impairment ; (4) Loss of eyesight ; (5) Third degree burns ; (6) Traumatic loss of or surgical amputation of a limb ; or (7) A serious case where , in the judgment of the Insured or its defense counsel , reserves exceed $ 125 , 000 . d . The Insured will cooperate with the Company and upon its request assist in making settlements , in the conduct of Suits and in enforcing any right of contribution or indemnity against any person or e ntity who may be liable to the Insured ; and the Insured will attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses . The Insured will not , except at its own cost , voluntarily make any payment , assume any obligation or incur any expense . In the event that the amount of a proposed settlement becomes known either through trial court judgment o r agreement among the Colorado Counties Casualty and Property Pool , the claimant and the Company , then the Colorado Counties Casualty and Property Pool may pay the Damages to the claimant to effect settlement and , upon submission of proof of payment , the Company will pay the Colorado Counties Casualty and Property Pool for that part of such payment which is in excess of the Self- Insured Retention , or will upon request of the Colorado Counties Casualty and Property Pool , make such payment to the claimant on behalf of the Insured . e . Notice is to be sent to : Old Republic Specialty Insurance Underwriters 790 Township Line Road , Suite 230 Yardley, PA 19067 Attn : Claims Department Email : claims@orsiu . com Phone : 215- 860-4960 Additionally, the Insured shall provide a claims report to the Company , within ten ( 10) days after the e nd of each calendar quarter, of all open and closed Claims submitted pertaining to this policy or Self- Insured Retention and which shall contain the following information : Claimant , claim number, date of loss , description of loss , loss paid , Defense Costs paid , loss remaining reserve , Defense Costs remaining reserve , claim status and policy period aggregate Self- Insured Retention reconciliation . 3 . Settlement Consent The Company shall have the right to propose settlement for any Claim or Suit within an applicable Self- Insured Retention or the available limit of liability , but only if it is reasonably certain that the Claim or Suit will exceed the Self- Insured Retention . If the Insured refuses to consent to a settlement , the Company will limit the total amount it will pay for Damages to no more than the amount it would have paid had the Insured given consent to the proposed settlement . 4 . Appeals In the event the Insured elects not to appeal a judgment in excess of the Self- Insured Retention , the Company may elect to do so at its own expense , but in no event will the liability of the Company exceed the applicable amount specified in the Limits of Liability section of the Declarations . 5 . Legal Action Against the Company No person or entity has a right under this policy : CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 19 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY a . To join the Company as a party or otherwise bring the Company into a Suit against an Insured ; or b . To sue the Company on this policy unless that person or entity has fully complied with all of the policy terms . A person or entity may sue the Company to recover on an agreed settlement or on a final judgment against an Insured ; but the Company will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance . An agreed settlement means a settlement and release of liability signed by the Company , the Insured and the claimant or the claimant's legal representative . 6 . Bankruptcy and Insolvency Bankruptcy or insolvency of an Insured shall not relieve the Company of any of its obligations hereunder or increase any of those obligations . 7 . Other Insurance a . This insurance is excess insurance over Self- insured Retentions . If there is any other insurance for Automobile Liability , including Hired and Non -Owned Autos , Personal Injury, Property Damage , Automobile Medical Payments , Premises Medical Payments , Employee Benefits Program Administration Liability or Public Official 's Errors and Omissions Liability covered by this insurance , this insurance is excess over any of that other insurance and shall not contribute with any of the other insurance . " Other insurance " means any other valid and collectible insurance , whether primary, excess , contingent or on any other basis , except for insurance bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy , that is available through : ( 1 ) Another insurance company; (2) A risk retention group ; (3) A self- insurance method or program , other than any funded by Colorado Counties Casualty and Property Pool and over which this agreement applies ; or (4) Any similar risk transfer method . b . When this insurance is excess over other insurance , we will pay only our share of the amount of the loss , if any , that exceeds the sum of: (1 ) The total amount that all such other insurance would pay for the loss in the absence of this policy; and (2) The total of all deductible and self- insured amounts under all other insurance . We will share the remaining loss , if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. 8 . Subrogation The Company shall be subrogated to the extent of any payment hereunder to all the Insureds ' rights of recovery. The Insured shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights . Any amount so recovered shall be apportioned as follows : Any person or entity, including the Colorado Counties Casualty and Property Pool , having paid an amount in excess of the Self- Insured Retention will be reimbursed first to the extent of actual payment . If any balance then remains unpaid , it will be applied to reimburse the Colorado Counties Casualty and Property Pool . The expenses of all such recovery proceedings will be apportioned in the ratio of the respective recoveries . If there is no recovery in proceedings conducted solely by the Colorado Counties Casualty and Property Pool , it shall bear the expenses thereof. The Company shall waive its right to subrogate against a third party for any payment made under this policy , but only if: a . The Participating Member County agreed to waive its rights to subrogation under a contract or agreement ; CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 20 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY b. The waiver was prior to the Occurrence of the loss ; and c. Subrogation is not pursued by the Colorado Counties Casualty and Property Pool . 9 . Changes Notice to any agent or knowledge possessed by any agent or by any other person will not effect a waiver o r change in any part of this policy or estop the Company from asserting any right under the terms of this policy , nor will the terms of this policy be waived or changed , except by endorsement issued to form a pad of this policy . 10 . Assignment Assignment of interest under this policy shall not bind the Company unless its consent is endorsed hereon ; however, if an Insured shall die , such insurance as is afforded by this policy shall apply: a . To the Insured 's legal representative , as the Insured , but only while acting within the scope of his duties as such ; and b . With respect to the property of an Insured to the person having temporary custody thereof as Insured , but only until the appointment and qualification of the legal representative . 11 . Cancellation This policy may be canceled by the Colorado Counties Casualty and Property Pool by surrender thereof to the Company or any of its authorized agents , or by mailing to the Company written notice stating when the cancellation will be effective . The policy may be canceled by the Company by mailing to the Colorado Counties Casualty and Property Pool at the address shown in this policy written notice stating when not less than 90 days thereafter such cancellation shall be effective . Provided that the Colorado Counties Casualty and Property Pool fails to discharge when due any of its obligations in connection with the payment of premium for the policy or any installment thereof, whether payable directly to the Company o r its agent or indirectly under a premium finance plan or extension of credit , this policy may be canceled by the Company by mailing to the Colorado Counties Casualty and Property Pool at the address shown in the policy , written notice stating when not less than ten days thereafter such cancellation shall be effective . If notice is mailed , proof of mailing will be sufficient proof of notice . If the Colorado Counties Casualty and Property Pool requests cancellation , earned premium will be calculated in accordance with the customary short rate table and procedure . If the Company cancels , e arned premium will be calculated pro rata . Premium adjustment may be made either at the time cancellation is effective or as soon as practicable after cancellation becomes effective , but payment or tender of unearned premium is not a condition of cancellation . No cancellation or termination of the policy by the Colorado Counties Casualty and Property Pool or by the Company, will take effect prior to the expiration of 90 days after written notice of such cancellation o r termination is sent by registered mail to the Commissioner of Insurance , State of Colorado , Division of Insurance , 1560 Broadway, Suite 850 , Denver, CO 80202 , unless an earlier date of such cancellation or termination is approved by said Commissioner of Insurance , State of Colorado . In the event of cancellation or non- renewal , by the Company or the Colorado Counties Casualty and Property Pool , the Colorado Counties Casualty and Property Pool authorizes the producer of record to send notices of the applicable cancellation or non- renewal on its behalf to any person or entity which the Insured has agreed to provide notice of cancellation or non - renewal provided the name and address of each person or entity has been provided to the producer of record . Failure of the producer of record to provide notice will not impose liability of any kind on the Company or producer of record or invalidate the cancellation or non- renewal . 12 . Pool Management a . The Colorado Counties Casualty and Property Pool is authorized to act on behalf of all Participating Members and other Insureds in acknowledging the selection or rejection of all coverage options the Company is required to extend including terrorism coverage , automobile medical payment coverage , uninsured motorists coverage and underinsured motorists coverage . b. The Colorado Counties Casualty and Property Pool is authorized to act on behalf of all Participating Members and other Insureds in giving or receiving notice of cancellation or non- renewal or receiving notice of conditional non- renewal . CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 21 of 22 POLICY NUMBER : 822200 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY c. The Colorado Counties Casualty and Property Pool is responsible for the payment of premium and will be the payee of any return premiums paid by the Company. All Participating Members are jointly and severally liable and responsible for the payment of all premiums . d . The Colorado Counties Casualty and Property Pool administers all Automobile Medical Payments and Premises Medical Payments coverage and will provide up to $ 10 , 000 in Automobile Medical Payments and Premises Medical Payments per person for each Occurrence for each Participating Member. 13 . Extended Reporting Period In the event of cancellation or non - renewal by the Company for any reason except non- payment of premium , the Colorado Counties Casualty and Property Pool upon payment of an additional premium of not more than 200 % of the total expiring premium will have the right to extend the period whereby a Claim is treated by the Company as made on the expiration date of this policy for a period of 60 months , but any such Claim must arise from an Occurrence or Wrongful Act prior to the date on which the Extended Reporting Period commenced and after the Retroactive Date . Colorado Counties Casualty and Property Pool must make a written request for an Extended Reporting Period within 30 days after the expiration date of the policy period and pay the additional premium within 30 days after the request . The Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due . If that premium is paid when due , the endorsement may not be canceled . The Extended Reporting Period will not reinstate or increase the Limits of Liability or extend the policy period . 14 . Examination of your Books and Records The Company may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterwards . There is no time limit to examination and audit of your books and records as they relate to a loss or Claim involving this policy. 15 . Claim Information At the request of the Colorado Counties Casualty and Property Pool the Company will provide , within 30 days of that request , details on any reported incident or open , reserved , closed or paid Claim . 16 . Non -Waiver of Governmental Immunity Nothing in this policy or in any Participating Member County's coverage under this policy waives , or is intended to waive , any immunity granted to any Insured , or to increase the maximum amount that may be recovered under the Colorado Governmental Immunity Act pursuant to Colo . Revs . Stat . Section 24- 10- 101 et . seq . , including 24- 10- 114 . CAPP PEL Form 01 -2018 Contains copyrighted material of Insurance Services Office , Inc. with its permission Page 22 of 22 POLICY NUMBER : 822200 0951483 CAPP PEL 99 09 01 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF PARTICIPATING MEMBER COUNTIES This endorsement modifies the insurance provided under the following : PUBLIC ENTITY EXCESS LIABILITY POLICY The following Colorado Counties Casualty and Property Pool Participating Member Counties are included as Insureds . SCHEDULE Alamosa Las Animas Archuleta Lincoln Baca Logan Bent Mineral Chaffee Moffat Cheyenne Montrose Clear Creek Morgan Conejos Otero Costilla Ouray Crowley Park Custer Phillips Delta Prowers Dolores Pueblo Elbert Rio Blanco Fremont Rio Grande Garfield Routt Gilpin Saguache Grand San Juan Gunnison San Miguel Hinsdale Sedgwick Huerfano Summit Jackson Teller Kiowa Washington Kit Carson Weld La Plata Yuma Lake Except as amended in the endorsement , this insurance is subject to all coverages , terms and conditions in the policy to which this endorsement is attached . CAPP PEL 99 09 01 20 PMA Companies , 2020 Page 1 of 1 POLICY NUMBER : 822200 0951483 CAPP PEL 99 10 01 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : PUBLIC ENTITY EXCESS LIABILITY POLICY SCHEDULE Designated Person (s) or Organization (s ) : Blanket , as required by Certificates of Insurance The following is added to Paragraph A . of SECTION V - PERSONS OR ENTITIES INSURED : Any person or organization shown in the Schedule above , but only with respect to liability arising out of an Insured ' s premises or operations . Except as amended in the endorsement , this insurance is subject to all coverages , terms and conditions in the policy to which this endorsement is attached . CAPP PEL 99 10 01 20 PMA Companies , 2020 Page 1 of 1 POLICY NUMBER : 822200 0951483 CAPP PEL 99 11 01 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RETROACTIVE DATES AMENDMENT This endorsement modifies the insurance provided under the following : PUBLIC ENTITY EXCESS LIABILITY POLICY The Retroactive Date shown on PUBLIC ENTITY EXCESS LIABILITY LIMITS OF INSURANCE SCHEDULE is amended as follows : SCHEDULE COUNTY RETROACTIVE DATE Cheyenne County February 16 , 1987 Delta County July 1 , 1988 Fremont County July 1 , 1987 Grand County July 1 , 1987 Lake County April 1 , 1987 Montrose County July 1 , 1987 Weld County January 15 , 1986 The Retroactive Date for all Participating Member Counties is July 1 , 1986 unless a county is listed with a different retroactive date in the Schedule above . Except as amended in the endorsement , this insurance is subject to all coverages , terms and conditions in the policy to which this endorsement is attached . CAPP PEL 99 11 01 20 PMA Companies , 2020 Page 1 of 1 POLICY NUMBER : 822200 0951483 CAPP PEL 99 12 01 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER TERRORIST ACTS This endorsement modifies the insurance provided under the following : PUBLIC ENTITY EXCESS LIABILITY POLICY This insurance does not apply to : 1 . All injury , loss , damage , cost or expense , caused by , resulting from , arising out of or related to , either directly or indirectly, any TERRORIST ACTIVITY as defined herein . This exclusion applies regardless of any other cause or event that in any way contributes concurrently or in any sequence to the injury , loss , damage , cost or expense . A. Definitions for this exclusion : 1 ) TERRORIST ACTIVITY shall mean any deliberate , unlawful act that : a . Is declared by any authorized governmental official (s) to be or to involve terrorism , terrorism activity or acts of terrorism ; or b . Includes , involves or is associated with the use or threatened use of force , violence or harm against any person , tangible or intangible the environment or an natural property, y resources , where the act or threatened act is intended in whole or in pad , to : i . Promote or further any political , ideological , philosophical , social , ethnic, racial or religious cause or objective of the perpetrator or any organization , association or group affiliated with the perpetrator; ii . Disrupt , influence , or interfere with any government related operations , activities or policies ; iii . Frighten , coerce or intimidate the general public or any segment of thegeneral public ; or iv. Disrupt or interfere with a national economy or any segment of a national economy. c . Includes , involves or is associated with , in whole or in part , any of the following activities , or the threat thereof: i . Sabotage or hijacking of any form of transportation or conveyance , including but not limited to aircraft , train , vessel , motor vehicle , spacecraft or satellite ; ii . The use of biological , chemical , radioactive or nuclear agent , material , deviceor weapon ; iii . Hostage taking or kidnapping ; iv. The seizure , blockage , interference with , disruption of, or damage to tunnels , roads , streets , highways , or other places of public transportation or conveyance ; v. The use of any incendiary device , bomb , firearm or explosive ; vi . The injury or assassination of any elected or appointed government official or any government employee ; vii . The interference with or disruption of basic public or commercial services and systems ; including but not limited to electricity , natural gas , power, postal , communications , CAPP PEL 99 12 01 20 PMA Companies , 2020 Page 1 of 2 POLICY NUMBER : 822200 0951483 CAPP PEL 99 12 01 20 telecommunications , information , public transportation , water, fuel , sewer or waste disposal ; or viii . The seizure , blockage , interference with , disruption of or damage to any government buildings , functions , tangible or intangible property, institutions , events or other assets . d . Any of the activities listed in Section 1 . A . c. above shall be considered TERRORIST ACTIVITY, except where the insured can conclusively demonstrate to us thatthe foregoing activities or threats thereof were motivated solely by personal objectives of the perpetrator and unrelated , in whole or in part , to any intention to : i . Promote or further any political , ideological , philosophical , racial , ethnic , social or religious cause or objective ; ii . Influence , disrupt or interfere with any government related operations , activities or policies ; iii . Disrupt or interfere with a national economy or any segments of a national economy; or iv. Frighten , coerce or intimidate the general public or any segment of thegeneral public . 2 . All injury, loss , damage , cost or expense , caused by, resulting from , arising out of or related to , either directly or indirectly , a CERTIFIED ACT OF TERRORISM as defined in the Terrorism Risk Insurance Act of 2002 , as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2015 (hereinafter called the ACT) . A. Definitions for this exclusion : 1 ) CERTIFIED ACT OF TERRORISM means any act that is certified by the Secretary of the Treasury of the United States , in accordance with the provisions of the federal Terrorism Risk Insurance Act to : a . Be an act of terrorism pursuant to such act ; b. Be a violent act or an act that is dangerous to human life , property or infrastructure ; c. Have resulted in damage within the United States or outside of the United States in the case of: i . An air carrier (as defined in 49 U . S . C . § 40102) or vessel based principally inthe United States , on which income tax is paid and whose insurance coverage is subject to regulation in the United States ; or ii . The premises of a United States mission ; d . 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 ; and e . Have resulted in insured losses in excess of $5 million in the aggregate , attributable to all types of insurance subject to the Terrorism Risk Insurance Act . 3 . The terms and limitations of this or any terrorism exclusion , or the inapplicability or omission of this or any terrorism exclusion , do not serve to create coverage for any loss which would otherwise be excluded under this policy , such as losses excluded by a Nuclear Hazard Exclusion or a War Exclusion . Except as amended in this endorsement , this insurance is subject to all coverages , terms , and conditions in the policy to which this endorsement is attached . CAPP PEL 99 12 01 20 PMA Companies , 2020 Page 2 of 2 POLICY NUMBER : 822200 0951483 CAPP PEL 99 13 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies the insurance provided under the following : PUBLIC ENTITY EXCESS LIABILITY POLICY The following exclusion is added to SECTION VI - EXCLUSIONS : 44 . COMMUNICABLE DISEASE EXCLSUION Any loss , occurrence , accident , claim or suit arising out of or resulting from the potential , actual or alleged transmission or contraction of any communicable disease . This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the : A . Supervising , hiring , employing , training or monitoring of others that may be infected with and spread a communicable disease ; B . Testing for a communicable disease ; C . Failure to prevent the spread of the disease ; or D . Failure to report the disease to authorities . Except as amended in the endorsement , this insurance is subject to all coverages , terms and conditions in the policy to which this endorsement is attached . CAPP PEL 99 13 12 20 PMA Companies , 2020 Page 1 of 1 POLICY NUMBER : 822200 0951483 CAPP PEL 99 14 01 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LAW ENFORCEMENT ACTIVITIES This endorsement modifies insurance provided under the following : PUBLIC ENTITY EXCESS LIABILITY POLICY The following exclusion is added to SECTION VI — Exclusions : This policy does not apply to Personal Injury , Bodily Injury or Property Damage claims arising from a Wrongful Act by an Insured while conducting Law Enforcement Activities . Wrongful Act , for this exclusion , means any actual or alleged error or omission , negligent act , neglect or breach of duty . Law Enforcement Activities means the Insured ' s activities while acting as an official , officer, auxiliary officer, employee , temporary worker or volunteer of or for a law enforcement agency or department of a Participating Member while performing a law enforcement , investigative or prosecutorial function . Except as amended in the endorsement , this insurance is subject to all coverages , terms and conditions in the policy to which this endorsement is attached . CAPP PEL 99 14 01 22 PMA Companies , 2022 Page 1 of 1 POLICY NUMBER : 822200 0951483 AR MP 20 27 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CLAIM NOTICE This endorsement modifies insurance provided under the following : PUBLIC ENTITY EXCESS LIABILITY POLICY SECTION VIII - CONDITIONS , 2 . e . is deleted in its entirety and replaced with the following : In the event of a reportable claim , please notify the following : Old Republic Specialty Insurance Underwriters 790 Township Line Road , Suite 230 Yardley , PA 19067 Attn : ARClaims Department Email : arclaims@orsiu . com Phone : 215- 860-4960 Additionally, the Insured shall provide a claims report to us , within ten ( 10) days after the end of each calendar quarter, of all open and closed claims submitted pertaining to the controlling underlying insurance or self- insured retention and which shall contain the following information : Claimant , claim number, date of loss , description of loss , loss paid , expense paid , loss remaining reserve , expense remaining reserve and claim status . Except as amended in the endorsement , this insurance is subject to all coverages , terms and conditions in the policy to which this endorsement is attached . AR MP 20 27 06 22 PMA Companies , 2022 Page 1 of 1 POLICY NUMBER : 822200 0951483 AR MP 20 34 03 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CYBER ATTACK This endorsement modifies insurance provided under the following : PUBLIC ENTITY EXCESS LIABILITY POLICY The following exclusion is added to this policy: Any liability for damages arising out of: 1 . Any access to or disclosure of any person 's or organization 's confidential or personal information , including patents , trade secrets , processing methods , customer lists , financial information , credit card information , health information or any other type of nonpublic information ; or 2 . The loss of, loss of use of, damage to , corruption of, inability to access , or inability to manipulate electronic data from a cyber- attack or any other incident however caused . This exclusion applies even if damages are claimed for notification costs , credit monitoring expenses , forensic expenses , public relations expenses or any other loss , cost or expense incurred by you or others arising out of that which is described in Paragraph 1 . Or 2 . Above . However, unless Paragraph 1 . Above applies this exclusion does not apply to damages because of bodily injury . As used in this exclusion , electronic data means information , facts or programs stored as or on , created or used on , or transmitted to or from computer software , including systems and applications software , hard or floppy disks , CD- ROMs , tapes , drives , cells , data processing devices or any other media which are used with electronically controlled equipment . Except as amended in the endorsement , this insurance is subject to all coverages , terms and conditions in the policy to which this endorsement is attached . AR MP 20 34 03 21 PMA Companies , 2021 Page 1 of 1 POLICY NUMBER 822200 0951483 AR MP 20 35 03 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANNABIS EXCLUSION AND DEFINITION - WITH EXCEPTIONS This endorsement modifies insurance provided under the following : PUBLIC ENTITY EXCESS LIABILITY POLICY The following exclusion is added to this policy : Any event which involves bodily injury , property damage or personal injury arising out of: a . The design , cultivation , manufacture , storage , processing , packaging , handling , testing , distribution , sale , serving , furnishing , possession or disposal of illegal cannabis determined by applicable State law , b . The actual , alleged , threatened or suspected inhalation , ingestion , absorption or consumption of, contact with , exposure to , existence of, or presence of illegal cannabis determined by applicable State law, or c . Property damage to cannabis . This exclusion applies even if claims against any insured allege negligence or other wrongdoing in the supervision , hiring , employment , training or monitoring of others by that insured . However, this exclusion does not apply to personal injury arising out of false arrest , detention or imprisonment ; or the wrongful eviction from , wrongful entry into , or invasion of the right of private occupancy of a room , dwelling or premises that a person occupies , committed by or on behalf of its owner, landlord or lessor. Further, this exclusion does not apply to educational institutions or public entities that : a . Perform cannabis research , including the storage , handling , testing , possessing or disposing of cannabis , related to such research , b . Police officers , campus security or other public safety officials with respect to the storage , handling , possession or disposal of cannabis , or c . Nurses or other licensed staff who lawfully administer cannabis products in the jurisdiction in which they are administered . The following definition is added to the Definition Section of the Policy: a . Cannabis means any good or product that consists of or contain amounts of Tetrahydrocannabinol (THC) or any other cannabinoid , regardless of whether any such THC or cannabinoid is natural or synthetic. The definition above includes , but is not limited to , any of the following containing such THC or cannabinoid : (1 ) Any plant of the genus Cannabis L . , or any part thereof, such as seeds , stems , flowers , stalks and roots , or (2) Any compound , by- product , extract , derivative , mixture or combination , such as : (a ) Resin , oil or wax; ( b) Hash or hemp , or ( c ) Infused liquid or edible cannabis ; whether or not derived from any plant or part of any plant set forth in paragraph 1 .A . of this definition . Except as amended in the endorsement , this insurance is subject to all coverages , terms and conditions in the policy to which this endorsement is attached . AR MP 20 35 03 22 PMA Companies , 2022 Page 1 of 1 POLICY NUMBER 822200 0951483 AR MP 20 54 03 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR , BIOLOGICAL , CHEMICAL OR RADIOLOGICAL EXCLUSION This endorsement modifies insurance provided under the following : PUBLIC ENTITY EXCESS LIABILITY POLICY This insurance does not apply to any loss , occurrence , accident , claim , suit or wrongful act that is caused by , results from , is exacerbated by or otherwise impacted by any of the following : 1 . Any use , release , or escape of nuclear materials that results in any type of nuclear reaction or nuclear radiation or radioactive contamination ; or 2 . Any use , release , dispersal or application of pathogenic biological materials or poisonous chemical materials . Except as amended in the endorsement , this insurance is subject to all coverages , terms and conditions in the policy to which this endorsement is attached . AR MP 20 54 03 22 PMA Companies , 2022 Page 1 of 1 A STOCK COMPANY MARKE Evanston Insurance Company 10275 West Higgins Road , Suite 750 Rosemont, IL 60018 INSURANCE POLICY Coverage afforded by this policy is provided by the Company (Insurer) and named in the Declarations . In Witness Whereof, the company (insurer) has caused this policy to be executed and attested and countersigned by a duly authorized representative of the company (insurer) identified in the Declarations . Aker Secretary President MJIL 1000 08 10 Page 1 of 1 Evanston Insurance Company MARKEL COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS POLICY NUMBER : 1644159 RENEWAL OF POLICY : N/A Named Insured and Mailing Address : Colorado Counties Casualty & Property Pool (CAPP) 800 Grant Street , Suite 400 Denver, CO 80203 Policy Period : From 1 /1 /2022 to 1 / 1 /2023 at 12 :01 A. M . Standard Time at your mailing address shown above . IN RETURN FOR THE PAYMENT OF THE PREMIUM , AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY . Limits Of Insurance Each Occurrence Limit: $ 3 , 000 , 000 Aggregate Limit : $ 9 , 000 , 000 Annual Aggregate does not apply to Auto Liability Premium Policy Premium : $ 1 , 100 , 000 Terrorism Premium : $ Excluded Fees (Where Applicable) $ N/A Total Premium : $ 1 , 100 , 000 Audit Period : X Not Applicable Annual Semi-Annual Quarterly Monthly Rating Basis (If Subject To Audit) Premium Basis : Flat Charge Rate : Producer Number, Name and Mailing Address Risk Placement Services of Southern California 1551 North Tustin Ave . Santa Ana , CA 92750 Endorsements Forms and Endorsements applying to this Coverage Pad and made part of this policy at time of issue : Per Forms Schedule Schedule Of Underlying Insurance Per Schedule Of Underlying Insurance These declarations , together with the Common Policy Conditions and Coverage Form ( s ) and any Endorsement(s ), complete the above numbered policy . Countersigned : By : MADUB 1000 01 15 Page 1 of 1 EXCESS/ UMBRELLA III POLICY NUMBER : 1644159 MARKEt EVANSTON INSURANCE COMPANY SCHEDULE OF UNDERLYING INSURANCE NAMED INSURED : Colorado Counties Casualty & Property Pool ( CAPP ) POLICY NUMBER : 1644159 POLICY PERIOD : EFFECTIVE DATE: January 1 , 2022 EXPIRATION DATE : January 1 , 2023 CONTROLLING UNDERLYING INSURANCE Pennsylvania Manufacturers' Association Insurance Company Policy #822200 0951483 Coverage : Auto Liability , General Liability , Law Enforcement Liability*, Employee Benefit Liability Policy Term : January 1 , 2022 to January 1 , 2023 *Law Enforcement Liability is excluded on the Evanston Insurance Company policy 1644159 Applicable Limits of Liability $500 , 000 per accident or occurrence in excess of CAPP $ 1 , 500 , 000 self-insured retention OTHER UNDERLYING INSURANCE Insurer: N/A Policy Number: N/A Policy Term : Insurer: N/A Policy Number: N/A Policy Term : MADUB 1002 04 17 Page 1 of 1 EXCESS/UMBRELLA POLICY NUMBER : 1644159 MARKEL`L' EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. CLAIMS MADE INSURANCE FOLLOWING FORM This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY CLAIMS MADE UNDERLYING INSURANCE SCHEDULE Name Of Insured : Colorado Counties Casualty & Property Pool (CAPP) Insurance Company : Evanston Coverage : Public Official 's Errors & Omissions Underlying Insurance Limits Of Insurance : $ 500 , 000 Each Claim , Occurrence , Offense Or Wrongful Act $ 500 ,000 Aggregate Our Limits Of Insurance : $ 3 , 000 , 000 Each Claim , Occurrence , Offense Or Wrongful Act $ 9 , 000 , 000 Aggregate Coverage Retroactive Date : See attached schedule Please refer to each Coverage Form to determine which terms are defined . Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms . This endorsement provides limits in excess of the claims made " underlying insurance " shown in the Schedule of this endorsement . This endorsement also applies on a claims made basis . Carefully review the claims made " underlying insurance " and this coverage to see how coverage applies . A . The following is added to Section I . Insuring Agreement : Underlying Claims Made Policy The following applies to any " underlying insurance " written on a claims made basis and listed in the Claims Made Underlying Insurance Schedule above : 1 . We will pay those sums in excess of the limits shown for the claims made " underlying insurance " that you become legally obligated to pay as damages because of injury or damage , as applicable , to which this endorsement applies , provided that : a . The claims made " underlying insurance " also applies , or would apply but for the exhaustion of its applicable Limit of Insurance ; b . A claim for damages is first made against any insured during the period of this policy or Extended Reporting Period , if applicable ; and MAUB 1507 01 15 Includes copyrighted material of Insurance Services Office , Inc. , Page 1 of 5 with its permission . c . A claim for damages is a result of an injury or damage , as applicable , which occurred on or after the Coverage Retroactive Date shown in the Schedule of this endorsement , but before expiration or cancellation of this policy , whichever comes first. 2 . Unless otherwise included in this endorsement, this insurance is subject to the same terms , conditions , agreements , expense provisions , exclusions and definitions as the claims made "underlying insurance" , except : a . We will have no obligation under this endorsement with respect to any claim or "suit" that is settled without our consent; and b . With respect to any provisions to the contrary contained in this endorsement or any endorsement attached to the policy . 3 . The amount we will pay for damages will not exceed Our Limit Of Insurance shown in the Schedule of this endorsement. 4 . We will have the right to participate in the defense of claims or "suits" against you seeking damages because of injury or damages to which this endorsement may apply . We will have a duty to defend such claims or "suits " when the applicable limit of insurance of the claims made " underlying insurance " has been exhausted by payment of judgments or settlements and any cost or expense subject to such limit . We may , at our discretion , investigate and settle any claim or "suit" . Our right and duty to defend end when Our Limit Of Insurance shown in the Schedule of this endorsement has been used up by our payment of judgments or settlements . B . The following is added to the Limits Of Insurance section , but only as respects claims made coverage (s) shown in the Schedule of this endorsement : 1 . Our Limits Of Insurance shown for Each Claim , Occurrence , Offense Or Wrongful Act is the most we will pay for damages arising out of any one claim , occurrence , offense or wrongful act , as applicable . 2 . Our Limits Of Insurance shown for Aggregate , if applicable , apply in the same manner as the Underlying Insurance Aggregate Limit shown in the Schedule of this endorsement . 3 . Limits of insurance provided by this endorsement are included within , and not in addition to , the Limits Of Insurance shown in the Declarations . C . The following Conditions are added as respects claims made coverage (s) shown in the Schedule of this endorsement : Extended Reporting Periods If the claims made " underlying insurance " provides for an extended reporting period , we will issue an endorsement providing an extended reporting period subject to the following conditions : 1 . Our extended reporting period will be for the same duration as the extended reporting period of the claims made " underlying insurance " . 2 . The first Named Insured must make a written request to us for an extended reporting period within 60 days after the end of the policy period or the cancellation date , whichever occurs first . 3 . The extended reporting period will not take effect unless the additional premium determined by us is paid in full when due and : a . The claims made " underlying insurance " is maintained in full force and effect as specified in the Maintenance of Claims Made Underlying Insurance Condition below ; b . An extended reporting period is purchased for the claims made " underlying insurance " ; and c . The premium for the extended reporting period will be fully earned when the extended reporting period endorsement takes effect. 4 . The extended reporting period will not reinstate or increase Our Limits Of Insurance shown in the Schedule of this endorsement . 5 . A claim first made during the extended reporting period will be deemed to have been made on the last day of the policy period of this policy or the cancellation date , whichever comes first. Maintenance Of Claims Made Underlying Insurance 1 . You agree to maintain the claims made " underlying insurance " in full force and effect during the term of this policy , and to inform us within 30 days of any replacement or material change of that claims made " underlying insurance " by the same or another company . If you do not maintain the claims made " underlying insurance " in full force and MAUB 1507 01 15 Includes copyrighted material of Insurance Services Office , Inc. , Page 2 of 5 with its permission . effect or fail to meet all conditions and warranties of such claims made " underlying insurance " , this endorsement will apply as if that policy were available and collectible . 2 . Reduction or exhaustion of the aggregate limit of any claims made " underlying insurance " by payments for judgments , settlements or any costs or expenses subject to that limit will not be a failure to maintain claims made " underlying insurance " in full force and effect . 3 . No statement contained in this condition limits our right to cancel or not renew this policy . For purposes of this endorsement , if the claims made " underlying insurance " is not available or collectible because of: 1 . The bankruptcy or insolvency of the underlying insurer providing such claims made " underlying insurance " ; 2 . The inability or failure for any other reason of such underlying insurer to comply with any of the obligations of its policy ; or 3 . Reduction in limit because of claims not payable under this endorsement ; then this endorsement will apply (and amounts payable hereunder shall be determined ) as if such claims made "underlying insurance " were available and collectible . Other Insurance This endorsement is excess over any other valid and collectible insurance , whether primary , excess , contingent or any other basis , except other insurance written specifically to be excess over this insurance . D . The following Definition is added as respects claims made coverage (s) shown in the Schedule of this endorsement : "Underlying insurance " means the policies or self-insurance shown in the Claims Made Underlying Insurance Schedule above , any replacements thereof and other policies purchased or issued for newly acquired or formed organizations . Policies purchased or issued replacements of policies or self-insurance listed in the Claims Made Underlying Insurance Schedule above or for newly acquired or formed organizations shall not be more restrictive than those listed in the Claims Made Underlying Insurance Schedule above . All " underlying insurance " shall be maintained by you in accordance with Claims Made Maintenance Of Underlying Insurance condition above . All other terms and conditions remain unchanged . MAUB 1507 01 15 Includes copyrighted material of Insurance Services Office , Inc. , Page 3 of 5 with its permission . SCHEDULE COUNTY RETROACTIVE DATE Alameesa July 1 ., 198 Archuleta July 1 . 1985 Baca July 1 , 1986 Bent July 1 , 1986 Chaffee July 1 , 1986 Cheyenne February 16 , 1 '68 Clear Creek July 1 . 1986 Conejos July 1 , 1986 Costilla July 1 , 1986 Crowley July 1986 Custer July 1 ; 1986 Delta July 1 , 1988 Dolores July 1 , 19.86 Elbert July 1 , 1986 Fremont July 1 , 1987 Garfield July 1 , 1986 Gilpin July 1 , 1986 Grand July 1 , 1987 Gunnison July 1 , 1986 Hinsdale July 1 , 1986 Huerfano July 1 , 1986 Jackson July 1 1986 Kiowa July 1 , 1986 Kit Carson July 1 , 1986 MAUB 1507 01 15 Includes copyrighted material of Insurance Services Office , Inc. , Page 4 of 5 with its permission . Lake April 1 . 1987 LaPlata July 1 , 199 : Las Animas July 1 , 1 : j 8 Ei Lincoln July 1 , 1986 Logan July 1 , 1986 Mineral July 1 „ 1986 Moffat July 1 , 1986 Montrose July 1 , 1987 Morgan July 1 , 1986 Otero July 1 , 1986 Ouray July 1 , 1986 Park July 1 , 1986 Phillips July 1 , 1986 Prowers July 1 , 1985 Pueblo July 1 , 1986 Rio Blanco July 1 , 1986 Rio Grande July 1 , 1986 Rout( July 1 , 1986 Saguache July 1 , 1986 San Juan July 1 , 1986 San Miguel July 1 , 1986 Sedgwick gwi-ck July 1 , 1986 Summit July 1 , 1986 Teller July 1 , 1986 Washington July 1 , 1986 Weld January 15, 1986 Yuma July 1 , 1986 MAUB 1507 01 15 Includes copyrighted material of Insurance Services Office , Inc. , Page 5 of 5 with its permission . EXCESS/UMBRELLA 111 MARKELN EVANSTON INSURANCE COMPANY COMMERCIAL EXCESS LIABILITY POLICY Various provisions in this policy restrict coverage . Read the entire policy and any " underlying insurance " carefully to determine rights , duties and what is and is not covered . Throughout this policy , the words "you " and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as an Insured under the " underlying insurance" . The words "we " and " us" refer to the company providing this insurance . Other words and phrases that appear in quotation marks have special meanings . Refer to Section V. Definitions . S ECTION I . INSURING AGREEMENT 1 . We will pay those sums in excess of the limits shown in the Schedule Of Underlying Insurance that you become legally obligated to pay as damages because of injury to which this insurance applies , provided that the " underlying insurance " also applies , or would apply but for the exhaustion of its applicable Limits Of Insurance . 2 . This policy is subject to the same terms , conditions , agreements , exclusions and definitions as the " underlying insurance " , except : a . We will have no obligation under this policy with respect to any claim or suit that is settled without our consent ; and b . With respect to any provisions to the contrary contained in this policy . 3 . The amount we will pay for damages shall not exceed the Limits Of Insurance shown in the Declarations . 4 . We will have the right to participate in the defense of claims or suits against you seeking damages because of injury to which this insurance may apply . We will have a duty to defend such claims or suits when the applicable limit of insurance of the " underlying insurance " has been exhausted by payment of judgments , settlements and any cost or expense subject to such limit . We may , at our discretion , investigate and settle any claim or suit . Our right and duty to defend ends when the applicable limit shown in the Declarations has been used up by our payment of judgments or settlements . S ECTION II . EXCLUSIONS The exclusions applicable to the " underlying insurance " also apply to this policy . S ECTION III . LIMITS OF INSURANCE 1 . The Limit Of Insurance shown in the Declarations as the Each Occurrence Limit is the most we will pay for damages arising out of any one occurrence or offense . 2 . If a Limit Of Insurance is shown in the Declarations as the Aggregate Limit , that amount will apply in the same manner as the aggregate limits shown in the Schedule Of Underlying Insurance . S ECTION IV. CONDITIONS If any of the following conditions are contrary to conditions contained in the " underlying insurance " the provisions contained in this policy apply . 1 . Appeals In the event the underlying insurer(s) elects not to appeal a judgment in excess of the limits of the " underlying insurance" , we may elect to make such an appeal . If we so elect, we shall be liable , in addition to the applicable Limits Of Insurance , for all defense expenses we incur. 2 . Maintenance Of Underlying Insurance MAUB 0001 01 15 Page 1 of 2 a . You agree to maintain the " underlying insurance " in full force and effect during the term of this policy , and to inform us within 30 days of any replacement or material change of that " underlying insurance " by the same or another company . Failure to maintain the " underlying insurance " in full force and effect or to meet all conditions and warranties of such " underlying insurance " will not invalidate insurance provided under this policy , but insurance provided under this policy shall apply as if the " underlying insurance " were available and collectible . b . Reduction or exhaustion of the aggregate limit of any " underlying insurance" by payments for judgments , settlements or any costs or expenses subject to that limit , will not be a failure to maintain " underlying insurance " in full force and effect . c . No statement contained in this condition limits our right to cancel or not renew this policy . For purposes of this policy , if any " underlying insurance " is not available or collectible because of: a . The bankruptcy or insolvency of the underlying insurer(s) providing such " underlying insurance" ; or b . The inability or failure for any other reason of such underlying insurer(s) to comply with any of the obligations of its policy ; then this policy shall apply and amounts payable hereunder shall be determined as if such " underlying insurance " were available and collectible . 3 . Other Insurance This insurance is excess over any other valid and collectible insurance whether primary , excess , contingent or any other basis , except other insurance written specifically to be excess over this insurance . 4 . Cancellation a . The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering advance written notice of cancellation to us . b . We may cancel this policy by mailing or delivering written notice of cancellation to the first Named Insured at least : ( 1 ) 10 days before the effective date of cancellation if we cancel for nonpayment of premium ; or (2 ) 60 days before the effective date of cancellation if we cancel for any other reason . c . We will mail or deliver our notice to the Named Insured 's last mailing address known to us . d . Notice of cancellation will state the effective date of cancellation . The policy will end on that date . e . If this policy is cancelled , we will send the first Named Insured any premium refund due . If we cancel , the refund will be pro rata . If the first Named Insured cancels , the refund may be less than pro rata . The cancellation will be effective even if we have not made or offered a refund . f. If notice is mailed , proof of mailing will be sufficient proof of notice . 5 . Policy Period This insurance will respond to injury or damage that occurs , or arises from an offense committed , during the Policy Period shown in the Declarations . SECTION V. DEFINITIONS " Underlying insurance " means the policies or self-insurance shown in the Schedule Of Underlying Insurance , any replacements thereof and other policies purchased or issued for newly acquired or formed organizations . Policies purchased or issued replacements of policies or self-insurance listed in the Schedule Of Underlying Insurance or for newly acquired or formed organizations shall not be more restrictive than those listed in the Schedule Of Underlying Insurance . All " underlying insurance " shall be maintained by you in accordance with the Maintenance Of Underlying Insurance condition of this policy . MAUB 0001 01 15 Page 2 of 2 EXCESS/UMBRELLA MARKEt ' EVANSTON THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. EXCLUSION - CYBER INCIDENT , DATA COMPROMISE , AND VIOLATION OF STATUTES RELATED TO PERSONAL DATA This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY Please refer to each Coverage Form to determine which terms are defined . Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms . A . The following exclusion is added to the Exclusions sections of the Policy form , and all insuring agreements added to this policy by separate endorsement other than an endorsement described in Paragraph B . below: This policy does not apply to : Cyber Incident, Data Compromise , And Violation Of Statutes Related To Personal Data Damages caused by , arising out of, or in any way involving , directly or indirectly : a . The loss of, loss of use of, corruption of, inability to access , or reduction in functionality of a " computer system " , including , but not limited to : ( 1 ) Damage to or loss of data occurring on a " computer system" ; (2) Unauthorized access of a "computer system" ; ( 3 ) Computer malware on a "computer system " ; (4) Human error affecting a " computer system" ; (5) System failure occurring on a "computer system " ; (6 ) A defect of a " computer system " ; (7) Social engineering , including , but not limited to , any priming , pretexting , spoofing , or other fraudulent , manipulative , or deceptive communication ; or (8 ) Cyber extortion ; b . Any : ( 1 ) Access to or disclosure of (whether such access or disclosure is authorized or unauthorized ) ; or (2) Theft , alteration , or corruption of; any person 's or organization 's confidential , intellectual , or proprietary information or data , including , but not limited to , " personal data " , patents , trade secrets , processing methods , customer lists , or any other type of nonpublic information ; or c . Any action or omission that violates or is alleged to violate any federal , state , or local statute , law , rule , ordinance , or regulation that addresses , prohibits , regulates , or limits the printing , interception , dissemination , disposal , collecting , recording , sending , transmitting , communicating , distribution , sharing , sale , storage , retaining , receiving , or protection of " personal data " , including , but not limited to : MAUB 1600 10 20 Page 1 of 3 ( 1 ) The Illinois Biometric Information Privacy Act (BIPA) ; (2) The California Consumer Privacy Act (CCPA) ; ( 3 ) The California Invasion Of Privacy Act (CI PA) ; (4) The New York Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) ; (5) The European Union General Data Protection Regulation (GDPR) ; or (6 ) Any similar or related federal , state , or local statute , law, rule , ordinance , or regulation ; including any amendments thereto . This exclusion applies even if damages are claimed for notification costs , credit monitoring expenses , forensic expenses , public relations expenses , costs associated with replacement of payment cards , fines , penalties , loss of use of property that has not been physically damaged , or any other loss , cost , or expense incurred by you or others arising out of that which is excluded above . However , this exclusion does not apply to damages because of " bodily injury" or physical damage to tangible property of others . For the purpose of this exclusion , electronic data is not tangible property . The insurance afforded by this exception is excess over any other valid and collectible insurance available to the insured , whether primary , excess , contingent , or issued on any other basis . This does not apply to any insurance policy written specifically to apply in excess of this policy . As used in this exclusion , electronic data means information , facts , or programs stored as or on , created or used on , or transmitted to or from computer software , including systems and applications software , hard or floppy disks , CD-ROMs , tapes , drives , cells , data processing devices , or any other media which are used with electronically controlled equipment . B . If this policy contains an endorsement adding an insuring agreement that specifically provides coverage that is excluded in Paragraph A . above , then the exclusion added by this endorsement does not apply to such insuring agreement solely to the extent of the coverage provided by such endorsement . C . The following definitions are added to the Definitions section : " Computer system" means computer hardware , firmware , software , or any components thereof " Personal data " means information that identifies , relates to , describes , is capable of being associated with , or could reasonably be linked to a particular person or household , including , but not limited to : a . Identifiers such as a real name , alias , postal address , unique personal identifier , online identifier, Internet Protocol address , email address , password , account name , social security number, driver's license or state identification card number, passport number , telephone number , insurance policy number, employment , employment history , bank account number , credit card number , debit card number , or any other financial information , medical information , or health insurance information , or other similar identifiers , characteristics , or descriptors ; b . Commercial information , including records of personal property , products , or services purchased , obtained , or considered , transactions occurring over a peer-to -peer electronic cash system , or other purchasing or consuming histories or tendencies ; c . Biometric data or information (such as a fingerprint , voice print , retina or iris image , or other unique physical representation or digital representation of biometric data) ; d . Internet or other electronic network activity information , including , but not limited to , browsing history , search history , and information regarding a person 's or household 's interaction with an internet website , application , or advertisement ; e . Geolocation data ; f. Audio , electronic , visual , thermal , olfactory , or similar information ; g . Professional or employment-related information that is not publicly available ; h . Education information , defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA) (20 U . S . C . section 1232g ; 34 CFR Part 99) including any amendments thereto ; i . Identifiers set forth in any state or federal consumer protection or privacy statute or law including , but not limited to , the identifiers shown in Paragraphs a . through h . above ; or MAU B 1600 10 20 Page 2 of 3 j . Inferences drawn from any of the identifiers shown in Paragraphs a . through i. above to create a profile about a person or household reflecting such person 's or household 's preferences , characteristics , psychological trends , predispositions , behavior, attitudes , intelligence , abilities , or aptitudes . All other terms and conditions remain unchanged . MAU B 1600 10 20 Page 3 of 3 LINE OF BUSINESS III PUBLIC ENTITY POLICY NUMBER : 1644159 MARKEL' EVANSTON FORMS SCHEDULE FORM NUMBER FORM NAME MJIL 1000 08 10 Signature Page MADUB 1000 01 15 Commercial Excess Liability Policy Declarations MADUB 1002 01 15 Schedule of Underlying Insurance MAUB 1507 01 15 Claims Made Underlying Insurance Schedule MAUB 0001 01 15 Commercial Excess Liability Policy MAUB 1600 10 20 Exclusion — Cyber , Data , and Violation MDIL 1001 08 11 Forms Schedule MAUB 1292 01 15 Cap on Losses from Certified Acts of Terrorism MIL 1214 09 17 Trade or Economic Sanctions MAUB 1665 01 15 Exclusion — Auto No - Fault and Similar Laws MAUB 1678 01 15 Exclusion — Pollution MAUB 1606 01 15 Exclusion — Employers' Liability MAUB 1638 01 15 Exclusion — Fungi or Bacteria MAUB 1642 01 15 Exclusion — Lead MAUB 1309 03 20 Exclusion — Communicable Disease MAUB 1503 01 15 Exclusion — Perfluorinated Compounds ( PEAS ) MAUB 1343 01 15 Exclusion — Designated Operations or Work MEIL 1200 02 20 Service of Suit MPIL 1007 01 20 Privacy Notice MDIL 1001 08 11 EXCESS/UMBRELLA 111 MARKEL' EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY Please refer to each Coverage Form to determine which terms are defined . Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms . A . If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $ 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act , we will not be liable for the payment of any portion of the amount of such losses that exceeds $ 100 billion , and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury . "Certified act of terrorism " means an act that is certified by the Secretary of the Treasury , in accordance with the provisions of the federal Terrorism Risk Insurance Act , to be an act of terrorism pursuant to such Act . The criteria contained in the Terrorism Risk Insurance Act for a " certified act of terrorism " include the following : 1 . The act resulted in insured losses in excess of $5 million in the aggregate , attributable to all types of insurance subject to the Terrorism Risk Insurance Act ; and 2 . The act is a violent act or an act that is dangerous to human life , property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion . However, a "certified act of terrorism " does not include injury or damage of any type resulting from or arising out of the ownership , maintenance , operation , or use of any " auto " owned by any insured covered under this policy or any " underlying insurance " . B . The terms and limitations of any terrorism exclusion , or the inapplicability or omission of a terrorism exclusion , do not serve to create coverage for injury or damage that is otherwise excluded under this policy . All other terms and conditions remain unchanged . MAUB 1292 01 15 Includes copyrighted material of Insurance Services Office , Inc. , Page 1 of 1 with its permission . MARKEL EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS The following is added to this policy : Trade Or Economic Sanctions This insurance does not provide any coverage , and we (the Company) shall not make payment of any claim or provide any benefit hereunder , to the extent that the provision of such coverage , payment of such claim or provision of such benefit would expose us (the Company) to a violation of any applicable trade or economic sanctions , laws or regulations , including but not limited to , those administered and enforced by the United States Treasury Department's Office of Foreign Assets Control (OFAC) . All other terms and conditions remain unchanged . MIL 1214 09 17 Page 1 of 1 EXCESS/UMBRELLA 111 MARKEL' EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. EXCLUSION - AUTO NO - FAULT AND SIMILAR LAWS This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY The following is added to Section II . Exclusions : Auto No -Fault And Similar Laws This policy does not apply to : Any liability payable under or resulting from any no -fault , personal injury protection , uninsured motorists , underinsured motorists or similar law or statute . All other terms and conditions remain unchanged . MAUB 1665 01 15 Page 1 of 1 EXCESS/UMBRELLA 111 MARKELN EVANSTON THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. EXCLUSION - POLLUTION This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY A . The following is added to Section II . Exclusions : This policy does not apply to : Pollution a . Any liability arising out of the actual , alleged or threatened discharge , dispersal , seepage , migration , release or escape of " pollutants " at any time . b . Any loss , cost or expense arising out of any : ( 1 ) Request , demand , order or statutory or regulatory requirement that any insured or others test for, monitor , clean up , remove , contain , treat , detoxify or neutralize , or in any way respond to , or assess the effects of, " pollutants " ; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring , cleaning up , removing , containing , treating , detoxifying or neutralizing , or in any way responding to , or assessing the effects of, " pollutants " . B . The following is added to Section V. Definitions : "Pollutants" means any solid , liquid , gaseous or thermal irritant or contaminant , including smoke , vapor, soot , fumes , acids , alkalis , chemicals and waste . Waste includes materials to be recycled , reconditioned or reclaimed . All other terms and conditions remain unchanged . MAUB 1678 01 15 Includes copyrighted material of Insurance Services Office , Inc. , Page 1 of 1 with its permission . EXCESS/UMBRELLA MARKEt EVANSTON THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - EMPLOYER ' S LIABILITY This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY The following is added to Section II . Exclusions : This policy does not apply to : Employer's Liability Bodily injury , sickness , disease , disability or shock , including death resulting therefrom to : a . An employee of the insured arising out of and in the course of employment by the insured ; or b . The spouse , child , parent , brother or sister of that employee as a consequence of a . above . This exclusion applies : ( 1 ) Whether the insured may be liable as an employer or in any other capacity ; and ( 2 ) To any obligation to share damages with or repay someone else who must pay damages because of the injury . All other terms and conditions remain unchanged . MAUB 1606 01 15 Includes copyrighted material of Insurance Services Office , Inc. Page 1 of 1 with its permission . EXCESS/UMBRELLA EVANSTON MARKEL' THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. EXCLUSION - FUNGI OR BACTERIA This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY A . The following is added to the Exclusions Section : This policy does not apply to : Fungi Or Bacteria a . Any liability arising out of the actual , alleged or threatened inhalation of, ingestion of, contact with , exposure to , existence of, or presence of, any "fungi " or bacteria on or within a building or structure , including its contents , regardless of whether any other cause , event , material or product contributed concurrently or in any sequence to such injury or damage . b . Any loss , cost or expense arising out of the abating , testing for, monitoring , cleaning up , removing , containing , treating , detoxifying , neutralizing , remediating or disposing of, or in any way responding to , or assessing the effects of, "fungi " or bacteria . This exclusion does not apply to any "fungi " or bacteria that are , are on , or are contained in , a good or product intended for consumption . B . The following is added to the Definitions section : " Fungi " means any type or form of fungus , including mold or mildew and any mycotoxins , spores , scents or byproducts produced or released by fungi . All other terms and conditions remain unchanged . MAUB 1638 01 15 Includes copyrighted material of Insurance Services Office , Inc. , Page 1 of 1 with its permission . EXCESS/UMBRELLA 111 MARKEL' EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. EXCLUSION - LEAD This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY Please refer to each Coverage Form to determine which terms are defined . Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms . The following is added to the Exclusions section : This policy does not apply to : Lead Any loss , claim or expense caused by , resulting from or arising out of lead , paint containing lead , or any other material or substance containing lead . We have no duty or obligation to provide or pay for the investigation or defense of any loss , cost , expense , claim or "suit" excluded herein . All other terms and conditions remain unchanged . MAUB 1642 01 15 Includes copyrighted material of Insurance Services Office , Inc. , Page 1 of 1 with its permission . EXCESS/UMBRELLA MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. EXCLUSION - COMMUNICABLE DISEASE This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY The following is added to the Exclusions section : This policy does not apply to : Communicable Disease Liability arising out of the actual or alleged exposure to , transmission of, or contraction of any communicable disease . This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the : a . Testing or failing to test for a communicable disease ; b . Failure to prevent the spread of the disease ; c . Failure to report the disease to authorities ; or d . Supervising , hiring , employing , training , or monitoring of others who : ( 1 ) May be infected with any communicable disease ; ( 2 ) May spread any communicable disease ; or ( 3 ) Are alleged to have engaged in any wrongdoing set forth in Paragraphs a . through c . above . All other terms and conditions remain unchanged . MAUB 1309 03 20 Page 1 of 1 EXCESS/UMBRELLA POLICY NUMBER : 1644159 MARKEL' EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . POLICY CHANGES This endorsement forms a part of the policy numbered below : Policy Change Number : POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY 1644159 1 /1 /2022 Evanston Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Colorado Counties Casualty & Property Pool (CAPP) COVERAGE PARTS AFFECTED COMMERCIAL EXCESS LIABILITY POLICY CHANGES EXCLUSION - PERFLUORINATED COMPOUNDS A . The following exclusion is added to Section II . Exclusions : This policy does not apply to : Liability , including all loss , cost, or expense , directly or indirectly arising out of, resulting as a consequence of, or related to " perfluorinated compounds " , whether or not there is another cause of loss which may have contributed concurrently or in any sequence to a loss . As used in this exclusion , "perfluorinated compounds " means : Perfluoroalkyl or polyfluoroalkyl substance (PEAS) , including but not limited to : a . Perfluoroakyl acids (PFAAs) ; b . Perfluorooctanoic acid (PFOA) ; c . Perfluorooctane sulfonate (PFOS) ; d . . Perfluoroheptanoic acid ( PFHpA) ; e . Perfluorononanoic acid (PFNA) ; f. Perfluorohexanesulfonic acid (PFHxS) ; g . GenX ; h . C8 ; i . ADONA , j . Perfluoroalkane sulfonyl fluoride (PASF) ; k . Perfluorobutanesulfonic acid (PFBS) ; I . Polytetrafluoroethylene (PTFE) ; MAUB 1503 01 15 Page 1 of 2 m . Perfluoropolyethers (PFPEs) ; n . Ammonium perfluorooctanoate , or o . Any associated salts , acids , alcohols , precursor chemicals , or related higher homologue chemicals that are identified as hazardous through federal , state , or local law or regulation . All other terms and conditions remain unchanged . NO CHANGES TO BE ADJUSTED ADDITIONAL RETURN AT AUDIT PREMIUM PREMIUM $ $ Authorized Representative Signature MAUB15030115 Page 2of2 EXCESS/UMBRELLA POLICY NUMBER : 1644159 MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED OPERATIONS OR WORK This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY SCHEDULE Designated Operations : Law enforcement operations ; however this exclusion does not apply to Automobile Liability arising out of law enforcement operations Designated Person (s) or Organization (s) : N/A The following is added to the Exclusions section : This policy does not apply to : Designated Operations Or Work Liability arising out of the : a . Operations performed by you or on your behalf; or b . Work performed for the person (s) or organization (s) designated in the Schedule of this endorsement . All other terms and conditions remain unchanged . MAUB 1343 01 15 Page 1 of 1 MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. SERVICE OF SUIT Except with respect to any policy issued in any state in which the Insurer is licensed as an admitted insurer to transact business , it is agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company , at the request of the Named Insured , will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such court . Nothing in this clause constitutes or should be understood to constitute a waiver of the Company 's rights to commence 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 of process in such suit may be made upon Secretary , Legal Department , Markel Service , Incorporated , 10275 West Higgins Road , Suite 750 , Rosemont , Illinois 60018 , and that in any suit instituted against the Company upon this policy , the Company will abide by the final decision of such Court or of any Appellate Courtin 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 or other official specified for that purpose in the statute , or his/her 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 Named Insured or any beneficiary hereunder arising out of this policy , and hereby designates the above- named as the person to whom the said officer is authorized to mail such process or a true copy thereof. MEIL 1200 02 20 Page 1 of 1 ill MARKEL' EVANSTON INSURANCE COMPANY PRIVACY NOTICE U . S . Consumer Privacy Notice Rev . 1 /1 /2020 FACTS WHAT DOES MARKEL GROUP OF COMPANIES REFERENCED BELOW (INDIVIDUALLY OR COLLECTIVELY REFERRED TO AS "WE " , " US " , OR " OUR") DO WITH YOUR PERSONAL INFORMATION ? Why ? In the course of Our business relationship with you , We collect information about you that is necessary to provide you with Our products and services . We treat this information as confidential and recognize the importance of protecting it . Federal and state law gives you the right to limit some but not all sharing of your personal information . Federal and state law also requires Us to tell you how We collect , share , and protect your personal information . Please read this notice carefully to understand what We do . What? The types of personal information We collect and share depend on the product or service you have with Us . This information can include : • your name , mailing and email address (es) , telephone number, date of birth , gender, marital or family status , identification numbers issued by government bodies or agencies (i . e . : Social Security number or FEIN , driver 's license or other license number) , employment , education , occupation , or assets and income from applications and other forms from you , your employer and others ; • your policy coverage , claims , premiums , and payment history from your dealings with Us , Our Affiliates , or others ; • your financial history from other insurance companies , financial organizations , or consumer reporting agencies , including but not limited to payment card numbers , bank account or other financial account numbers and account details , credit history and credit scores , assets and income and other financial information , or your medical history and records . Personal information does not include : • publicly-available information from government records ; • de -identified or aggregated consumer information . When you are no longer Our customer, We continue to share your information as described in this Notice as required by law . How? All insurance companies need to share customers ' personal information to run their everyday business . In the section below , We list the reasons financial companies can share their customers ' personal information ; the reasons We choose to share ; and whether you can limit this sharing . We restrict access to your personal information to those individuals , such as Our employees and agents , who provide you with insurance products and services . We may disclose your personal information to Our Affiliates and Nonaffiliates (1 ) to process your transaction with Us , for instance , to determine eligibility for coverage , to process claims , or to prevent fraud , or (2) with your written authorization , or (3) otherwise as permitted by law . We do not disclose any of your personal information , as Our customer or former customer , except as described in this Notice . MPIL L 1007 01 20 Page 1 of 3 Reasons We can share your personal information Do We Can you share ? limit this sharing ? For Our everyday business purposes and as required by law — Yes No such as to process your transactions , maintain your account (s) , respond to court orders and legal/regulatory investigations , to prevent fraud , or report to credit bureaus For Our marketing purposes — Yes No to offer Our products and services to you For Joint Marketing with other financial companies Yes No For Our Affiliates ' everyday business purposes — Yes No information about your transactions and experiences For Our Affiliates ' everyday business purposes — No We don 't share yo ur about creditworthiness For Our Affiliates to market you No We don 't share For Nonaffiliates to market you No We don 't share Questions ? Call (888) 560 -4671 or email privacy@markel . com Who We are Who is providing this Notice ? A list of Our companies is located at the end of this Notice . What We do How do We protect your We maintain reasonable physical , electronic , and procedural safeguards to protect personal information ? your personal information and to comply with applicable regulatory standards . For more information , visit www . markel . com/privacy-policy . How do We collect your personal We collect your personal information , for example , when you information ? • complete an application or other form for insurance • perform transactions with Us , Our Affiliates , or others • file an insurance claim or provide account information • use your credit or debit card We also collect your personal information from others , such as consumer reporting agencies that provide Us with information such as credit information , driving records , and claim histories . Why can 't you limit all sharing of Federal law gives you the right to limit only your personal information ? • sharing for Affiliates ' everyday business purposes — information about your creditworthiness • Affiliates from using your information to market to you • sharing for Nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing . See the Other Important Information section of this Notice for more on your rights under state law . MPIL L 1007 01 20 Page 2 of 3 Definitions Affiliates Companies related by common ownership or control . They can be financial and nonfinancial companies . • Our Affiliates include member companies of Markel Group . N onaffiliates Companies not related by common ownership or control . They can be financial and nonfinancial companies . • Nonaffiliates that We can share with can include financial services companies such as insurance agencies or brokers , claims adjusters , reinsurers , and auditors , state insurance officials , law enforcement, and others as permitted by law . Joint Marketing A formal agreement between Nonaffiliated companies that together market financial products or services to you . • Our Joint Marketing providers can include entities providing a service or product that could allow Us to provide a broader selection of insurance products to you . Other Important Information For Residents of AZ , CT , GA , IL , ME , MA , MN , MT , NV , NJ , NC , OH , OR , and VA : Under state law , under certain circumstances you have the right to access and request correction , amendment or deletion of personal information that We have collected from or about you . To do so , contact your agent , visit www . markel . com/privacy-policy , call (888) 560- 4671 , or write to Markel Corporation Privacy Office , 4521 Highwoods Parkway , Glen Allen , VA 23060 . We may charge a reasonable fee to cover the costs of providing this information . We will let you know what actions We take . If you do not agree with Our actions , you may send Us a statement . For Residents of CA : You have the right to review , make corrections , or delete your recorded personal information contained in Our files . To do so , contact your agent , visit www. markel . com/privacy-policy , call (888) 560 -4671 , or write to Markel Corporation Privacy Office , 4521 Highwoods Parkway , Glen Allen , VA 23060 . We do not and will not sell your personal information . For the categories of personal information We have collected from consumers within the last 12 months , please visit : www . markel . com/privacy-policy . For Residents of MA and ME : You may ask , in writing , for specific reason , for an adverse underwriting decision . Markel Group of Companies Providing This Notice : City National Insurance Company , Essentia Insurance Company , Evanston Insurance Company , FirstComp Insurance Company , Independent Specialty Insurance Company , National S pecialty Insurance Company , Markel Bermuda Limited , Markel American Insurance Company , Markel Global Reinsurance Company , Markel Insurance Company , Markel International Insurance Company Limited , Markel Service , Incorporated , Markel West , Inc . (d/b/a in CA as Markel West Insurance Services) , Pinnacle National Insurance Company , State National Insurance Company , Inc . , Superior Specialty Insurance Company , SureTec Agency Services , Inc . (d/b/a in CA as SureTec Agency Insurance Services) , SureTec Indemnity Company , SureTec Insurance Company , U nited Specialty Insurance Company , Inc . MPIL L 1007 01 20 Page 3 of 3 .0, xq � TEXAS INSURANCE COMPANY APX 11 01 05 21 i - - = � I NAIC No . 16543 S� RAN � � 10825 Old Mill Road , Omaha , NE 68154 877-234-4420 COMMERCIAL EXCESS LIABILITY DECLARATIONS Producer Name : Risk Placement Services , Inc. Named Insured Colorado Counties Casualty and Property Pool (Covering Pool ) : c/o County Technical Services Mailing Address : 800 Grant Street, Suite 400 Denver, CO 80203 Policy Period From : 01 /01 /2022 To : 01 /01 /2023 At 12 : 01 AM (Standard Time at your mailing address shown above) IN RETURN FOR THE PAYMENT OF THE PREMIUM , AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE TO PROVIDE YOU WITH THE INSURANCE AS STATED IN THIS POLICY. Excess Policy - Limits Of Insurance Each Occurrence or Wrongful Act or Claim Made (CSL-All $ 40% of $5 ,000,000 ($2 ,000, 000) Lines of Business Combined ) Each Occurrence or Wrongful Act or Claim Made (CSL-All $ 40% of $5 ,000,000 ($2 ,000, 000) Lines of Business and All Members Combined Annual Aggregate Limit Limits of Insurance above are in excess of the limits shown in the Schedule of Underlying Insurance : Excess Policy - Premium Written Premium : $ 864,800 Terrorism : EXCLUDED Policy Premium : $ 864,800 Fees : N/A Total Premium : $ 864,800 Broker Commission : 5 Rate : Flat Estimate Exposures : Flat Basis : Flat. New Members subject to additional premium based on review of exposures and current loss data. Audit Period Annually Quarterly Monthly X N/A (If Applicable) APX 11 01 05 21 Includes copyrighted material of Insurance Services Office , Inc . with Page 1 of 3 its permission . SCHEDULE OF UNDERLYING INSURANCE : Coverage : Follow Form Excess Carrier: Evanston Insurance Company Policy Number: MPE- IEV-0076-22-0 Policy Term : 01 /01 /2022 - 01 /01 /2023 Controlling : Yes Limits Of Liability: Excess Liability Each Occurrence $3 ,000 ,000 Annual Aggregate $9 ,000 ,000 Coverage : Law Enforcement Liability Carrier: QBE Specialty Insurance Company Policy Number: QSX01008-00 Policy Term : 01 /01 /2022 - 01 /01 /2023 Controlling : Yes Limits Of Liability: Law Enforcement Liability Each Wrongful Act $4 ,000 ,000 Annual Aggregate $8 ,000 ,000 Coverage : Public Entity Excess Liability Carrier: Pennsylvania Manufacturers' Association Insurance Company Policy Number: 822200 0951483 Policy Term : 01 /01 /2022 - 01 /01 /2023 Controlling : No Limits Of Liability: Auto Liability each Occurrence $500 ,000 Personal Injury and Property Damage each Occurrence $500 ,000 Personal Injury and Property Damage Annual Aggregate per Member $500 ,000 Products and Completed Operations Annual Aggregate per Member $500 ,000 Public Officials Errors and Omissions Liability each Wrongful Act $500 ,000 Public Officials Errors and Omissions Liability each Wrongful Act Annual Aggregate Per Member $500 ,000 Employee Benefit Administration Each Wrongful Act $500 ,000 Employee Benefit Administration each Wrongful Act Annual Aggregate Per Member $500 ,000 Self-Insured Retentions : Law Enforcement Liability: $ 1 ,000 , 000 Each Wrongful Act Auto Liability, Personal Injury and Property Damage , Public Officials Errors and Omissions Liability, Employee Benefit Administration : $ 1 , 500 , 000 Each Occurrence or Wrongful Act APX 11 01 05 21 Includes copyrighted material of Insurance Services Office , Inc. with Page 2 of 3 its permission . FORMS AND ENDORSEMENTS ATTACHING TO THE POLICY APX 12 01 09 21 Commercial Excess Liability Coverage Form APX 13 01 09 21 Schedule of Forms and Endorsements APX 13 02 05 21 Schedule of Participating Members ASC 00 02 09 20 Service of Suit ASC 00 03 09 20 Privacy Statement ASC 00 04 09 20 Claims Reporting Procedures APX 13 08 05 21 Economic or Trade Sanctions Condition (OFAC) APX 13 09 05 21 Quota Share and Severability Endorsement APX 15 05 05 21 Organic Pathogen Exclusion APX 15 06 05 21 Cyber Liability Exclusion APX 15 02 05 21 War Exclusion APX 15 27 05 21 Dam Failure Exclusion APX 15 14 05 21 Certified Acts of Terrorism and Other Acts of Terrorism Exclusion Manuscript - PFAS Exclusion ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED PLEASE NOTE THAT THIS INSURANCE POLICY WAS ISSUED BY A NON-ADMITTED BUT ELIGIBLE SURPLUS LINES INSURER . THE PERSONS OR ORGANIZATIONS INSURED UNDER THIS POLICY MAY NOT HAVE THE PROTECTION OF ANY STATE GUARANTY FUND OR SIMILAR FUND IN THE EVENT OF INSURER INSOLVENCY. APX 11 01 05 21 Includes copyrighted material of Insurance Services Office , Inc. with Page 3 of 3 its permission . \\ti * °IC) Rq,aG r TEXAS INSURANCE COMPANY APX 12 0109 21 . r COMMERCIAL FOLLOW FORM EXCESS LIABILITY POLICY In consideration of the payment of the premium , and in reliance on all statements made and information furnished by the " insured " and subject to the terms and conditions of this policy ( including all current and future declaration pages and endorsements hereto) , the " insured" and we agree as follows : Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations , and any other person or organization qualifying as a Named Insured under this policy. The words "we" , "us" and our refer to the company providing this excess insurance . The word " insured" means any person or organization qualifying as such under the "controlling underlying insurance , " including the Named Insured . Other words and phrases that appear in quotation marks in this policy have the special meaning as referred to in Section IV — Definitions . Words and phrases that are not defined by this policy but defined in the applicable "controlling underlying insurance" will have the meaning described in the applicable "controlling underlying insurance . " This policy will apply in conformance with and will follow the same provisions , exclusions and limitations that are contained in the applicable "controlling underlying insurance , " ( including all endorsements thereto) , except : ( 1 ) with respect to any provision to the contrary contained in this policy ; (2) if the "controlling underlying insurance" provides sub- limited coverage , this policy shall not follow form and shall not offer any coverage for such sub-limited coverage . " Sub- limited coverage" means any coverage provided in the applicable "controlling underlying insurance , " that is subject to a sub- limit of liability in such "controlling underlying insurance . " The coverage provided by this policy will not be broader than that provided by the applicable "controlling underlying insurance . " SECTION I — COVERAGE 1 . Insuring Agreement a . We will pay on behalf of the " insured " the " ultimate net loss" in excess of the " retained limit" because of " injury or damage" to which insurance provided under this policy applies . We will have the right and duty to defend the " insured" against any legal proceedings seeking damages for such " injury or damage" when the applicable limits of "controlling underlying insurance" have been exhausted by payment of such limits . When we have no duty to defend , we will have the right to defend or to participate in the defense of the " insured " against any legal proceeding against the " insured" seeking damages for" injury or damage . " However, we will have no duty to defend the " insured " against any legal proceeding seeking damages for which insurance under this policy does not apply . APX 12 01 09 21 Page 1 of 6 APX 12 01 05 21 At our discretion , we may investigate any " injury or damage" that may involve this insurance and settle any resultant claim or legal proceeding against the " insured" for which we have the duty to defend ; however ( 1 ) the amount we will pay for "ultimate net loss" is limited as described in Section II — Limits Of Insurance ; and (2 ) our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this policy . However, if the policy of "controlling underlying insurance" specifies that limits are reduced by defense expenses , our right and duty to defend ends when we have used up the applicable limitof insurance in the payment of defense expenses , judgments or settlements under this policy. b . If the "controlling underlying insurance" requires , for a particular claim , that the " injury or damage" occur during its policy period in order for that coverage to apply, then this insurance vir only apply to that " injury or damage" if it occurs during the policy period of this policy . If the "controlling underlying insurance" requires that the "event" causing the particular " injury or damage" takes place during its policy period in order for that coverage to apply, then this insurance will apply to the claim only if the "event" causing that " injury or damage" takes place during the policy period of this policy . c. Any additional insured under an applicable policy of "controlling underlying insurance" will automatically be an additional insured under this policy ; however additional insured coverage provided by this policy will not be broader than coverage provided by the "controlling underlying insurance . " Additionally, if coverage provided to the additional insured is required by a contract , the most we will pay on behalf of the additional insured is the amount of insurance required by such contract , less any amounts payable by any "controlling underlying insurance" . 2 . Exclusions The following exclusions , and any other exclusions added by endorsement , apply to this policy . Additionally, the exclusions applicable to any "controlling underlying insurance" apply to this insurance unless superseded by the following exclusions , or superseded by any other exclusions added by endorsement to this policy . Insurance provided under this Coverage Part does not apply to : a . Auto - Any loss , cost or expense payable under or resulting from any of the following auto coverages : ( 1 ) First-party physical damage coverage ; (2 ) No-fault coverage ; ( 3 ) Personal injury protection or auto medical payments coverage ; or (4 ) Uninsured or underinsured motorists' coverage . b . Pollution - ( 1 ) " Injury or damage" which would not have occurred , in whole or in part , but for the actual , alleged or threatened discharge , dispersal , seepage , migration , release or escape of pollutants at any time . (2) Any loss , cost or expense arising out of any : (a ) Request , demand , order or statutory or regulatory requirement that any " insured " or others test for, monitor, clean up , remove , contain , treat , detoxify or neutralize , or in any way respond to , or assess the effects of, pollutants ; or ( b ) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring , cleaning up , removing , containing , treating , detoxifying or neutralizing , or in any way responding to , or assessing the effects of, pollutants . " Pollutant" means any solid , liquid , gaseous or thermal irritant or contaminant , including smoke , vapor, soot , fumes , acids , alkalis , chemicals and waste . Waste includes materials to be recycled , reconditioned or reclaimed . APX 12 01 09 21 Page 2 of 6 APX 12 01 05 21 This pollution exclusion does not apply if applicable "controlling underlying insurance" for the pollution liability risks described above exists or would have existed but for the exhaustion of the applicable limits of applicable "controlling underlying insurance . " c. Workers ' Compensation and Similar Laws Any obligation of the " insured " under a workers' compensation , disability benefits or uur rrcrt compensation law or any similar law or statutory benefit . S ECTION II — LIMITS OF INSURANCE 1 . The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: (a ) " insureds" ; ( b ) claims made or legal proceedings brought, or n umber of vehicles involved ; (c) persons or organizations making claims or filing legal proceedings ; or (d ) limits available under any "controlling underlying insurance" . 2 . The Limits of Insurance of this policy will apply as follows : (a ) this insurance only applies in excess of the "retained limit : " ( b ) the Aggregate Limit shown in the Declarations is the most we will pay for the sum of all "ultimate net loss" , for all " injury or damage" covered under this policy. However, this Aggregate Limit only applies to " injury or damage" that is subject to an aggregate limit of insurance under the "controlling underlying insurance" ; (c) subject to Paragraph 2 . b . above , the Each Occurrence Limit shown in the Declarations is the most we will pay for the sum of all "ultimate net loss" under this insurance because of all " injury or damage" arising out of any o ne "event" ; (d ) if the Limits of Insurance of the "controlling underlying insurance" are reduced by defense expenses by the terms of that policy , any payments for defense expenses we make will also reduce our applicable Limits of Insurance in the same manner; (e) if the "controlling u nderlying insurance" contains multiple aggregate limits , then the Aggregate Limit shown in the Declarations shall apply in the same manner as the aggregate limits in the "controlling u nderlying insurance . " 3 . If any "controlling underlying insurance" has a policy period that is different from the policy period of this policy then , for the purposes of this insurance , the "retained limit" will only be reduced or exhausted by payments made for " injury or damage" covered under this insurance . 4 . The Aggregate Limit of this policy applies separately to each consecutive annual period of this policy and to any remaining period of this policy of less than 12 months , starting with the beginning of the policy period shown in the Declarations , unless the policy period is extended after issuance for an additional period of less than 12 months . In that case , the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance . S ECTION III - CONDITIONS The conditions applicable to any "controlling underlying insurance" are applicable to the coverage provided under this policy unless superseded by the following conditions . 1 . Duties in the Event of a Claim or Legal Proceeding APX 12 01 09 21 Page 3 of 6 APX 12 01 05 21 The " insured" shall promptly notify us in writing of: (a ) any claim or legal proceeding which could reasonably involve this policy; ( b) any claim or legal proceeding for which there is a demand equal to or greater than 50 percent of the applicable limits of "controlling underlying insurance" . In addition to the foregoing , the following categories of claims shall be reported to us immediately, regardless of the liability of the Member or coverage under the Coverage Document: 1 . Fatalities ; 2 . Spinal cord injuries with paralysis ; 3 . Serious burns ; 4 . Brain injuries ; 5 . Amputations ; 6 . Class action suits ; 7 . Serious sensory impairments ; S . Serious disfiguring or scarring ; 9 . Major organ injuries ; 10 . Sexual abuse or sexual harassment claims , if covered hereunder; or 11 . Extra-contractual obligation or excess judgment claims , if covered hereunder. 2 . Appeals If the "controlling underlying insurer" or " insured" elects not to appeal a judgment in excess of the amount of the "retained limit , " we may do so at our own expense . In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section II — Limits of Insurance . 3 . Bankruptcy Bankruptcy or insolvency of the "controlling underlying insurer" or the " insured " will not relieveus of our obligations under this policy ; however, the insurance provided under this policy will continue to apply as if the "controlling underlying insurance" were in full effect and recoverable , and this policy shall under no circumstances drop down below the "retained limit. " 4. Cooperation by the " Insured " You and any other " insured" involved must authorize us to obtain records and other information , cooperate with us in the investigation or settlement and assist us , upon our request , in the enforcement of any right against any person or organization which may be liable to the " insured " because of " injury or damage" to which this insurance may apply. No " insured" will , except atthat " insured 's" own cost , voluntarily make a payment, assume any obligation , or incur any expense without our consent . 5. Named Insured Duties The Named Insured is responsible for the payment of all premiums and will act on behalf of all other " insureds" for giving and receiving of notice of cancellation or the receipt of any return APX 12 01 09 21 Page 4 of 6 APX 12 01 05 21 premium that may become payable . At our request, the Named Insured shall furnish us , as soon as practicable , with a complete copy of any "controlling underlying insurance" and any subsequently issued endorsements or policies which may in any way affect the insurance provided under this policy. 6. Subrogation In the event of any payment under this policy , we shall be subrogated to all of the " insured 's" rights of recovery to the extent of our payment . The " insured" shall execute and deliver all instruments and documents as necessary and shall do everything necessary to secure our subrogation rights . The " insured" shall not do anything that might prejudice our position or potential or actual rights of recovery. 7 . Cancellation a . The Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation . b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least : ( 1 ) 10 days before the effective date of cancellation if we cancel for non- payment of premium ; or (2 ) 30 days before the effective date of cancellation if we cancel forany other reason . c. We will mail or deliver our notice to the Named Insured 's last mailing address known to us . d . Notice of cancellation will state the effective date of cancellation . The policy period will end on that date . e . If this policy is cancelled , we will send the Named Insured any premium refund due . If we cancel , the refund will be pro rata . If the Named Insured cancels , the refund may be less than pro rata . The cancellation will be effective even if we have not made or offered a refund . f. If notice is mailed , proof of mailing will be sufficient proof of notice . 8 . Changes The Named Insured is authorized by all other " insureds" to make changes in the terms of this policy with our consent. No changes or modifications of this policy shall be effective unless made by written endorsement issued by us to form a part of this policy . 9 . Maintenance Of / Changes to Controlling Underlying Insurance Any "controlling underlying insurance" must be maintained in full effect without reduction of coverage or limits except for the reduction of aggregate limits in accordance with the provisions of such "controlling underlying insurance" that results from " injury or damage" to which this insurance applies . Such exhaustion or reduction is not a failure to maintain "controlling underlying insurance" . Failure to maintain "controlling underlying insurance" will not invalidate insurance provided under this policy, but insurance provided under this policy will apply as if the "controlling underlying insurance" were in full effect . The Named Insured must notify us in writing , as soon as practicable , if any "controlling underlying insurance" is cancelled , not renewed , replaced or otherwise terminated , or if the limits or scope of coverage of any "controlling underlying insurance" is changed . APX 12 01 09 21 Page 5 of 6 APX 12 01 05 21 10 . Other Insurance If other insurance , whether collectible or not , is available to the " insured" covering " injury or damage" also covered by this policy, other than a policy that is specifically written to apply in excess of this policy , the insurance afforded by this policy shall apply in excess of and shall not contribute with such other insurance . 11 . Premium The premium for this policy is a flat premium and is not subject to adjustment except as otherwise provided herein or amended by endorsement . 12 . Loss Payable Liability under this policy does not apply unless and until : a . The " insured" or " insured 's""controlling underlying insurer" has paid the " retained limit" ; and b . The obligation of the " insured" to pay the "ultimate net loss" in excess of the "retained limit" has been determined by afinal settlement or judgment or written agreement among the " insured , " claimant, "controlling underlying insurer and us . 13 . When We Do Not Renew If we decide not to renew this policy , we will mail or deliver to the Named Insured written notice of the non- renewal not less than 30 days before the expiration date . If notice is mailed , proof of mailing will be sufficient proof of notice . SECTION IV - DEFINITIONS The definitions applicable to any "controlling underlying insurance" also apply to this insurance . In addition , the following definitions apply : 1 . "Controlling underlying insurance" means any policy of insurance or self- insurance program , or other risk transfer arrangement listed in the Declarations under the Schedule of "controlling underlying insurance" . 2 . "Controlling underlying insurer" means any insurer or self- insurer who provides any policy of insurance or risk transfer arrangement listed in the Declarations under the Schedule of "controlling underlying insurance" . 3 . " Event" means an occurrence , offense , accident, act , or other event, to which the applicable "controlling underlying insurance" applies . 4 . " Injury or damage" means any injury or damage or loss , covered in the applicable "controlling underlying insurance" arising from an "event . " 5 . " Retained limit" means the limits of "controlling underlying insurance" applicable to the " injury or damage . " 6 . " Ultimate net loss" means the total sum , after reduction for recoveries , or salvages collectible , that the " insured" becomes legally obligated to pay as damages by reason of: settlements , judgments , or other binding alternate dispute resolution proceedings entered into with our consent . " Ultimate net loss" also includes defense expenses if the "controlling underlying insurance" specifies that its limits are reduced by defense expenses . APX12010921 Page aof6 COMMERCIAL EXCESS LIABILITY POLICY NUMBER : TI22NPX-01334-01 APX 13 01 09 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENT Form No. Form Name APX 11 01 05 21 Commercial Excess Liability Declarations APX 12 01 09 21 Commercial Excess Liability Coverage Form APX 13 01 09 21 Schedule of Forms and Endorsements APX 13 02 05 21 Schedule of Participating Members ASC 00 02 09 20 Service of Suit ASC 00 03 09 20 Privacy Statement ASC 00 04 09 20 Claims Reporting Procedures APX 13 08 05 21 Economic or Trade Sanctions Condition (OFAC) APX 13 09 05 21 Quota Share and Severability Endorsement APX 15 05 05 21 Organic Pathogen Exclusion APX 15 06 05 21 Cyber Liability Exclusion APX 15 02 05 21 War Exclusion APX 15 27 05 21 Dam Failure Exclusion APX 15 14 05 21 Certified Acts of Terrorism and Other Acts of Terrorism Exclusion Manuscript PFAS Exclusion ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED APX 13 01 09 21 Page 1 of 1 COMMERCIAL EXCESS LIABILITY APX 13020521 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF PARTICIPATING MEMBERS This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following Schedule of entities ( a/k/a " Participating Members" ) are insureds under this Policy : Participating Member ( i . e . Insured ) Alamosa Las Animas Archuleta Lincoln Baca Logan Bent Mineral Chaffee Moffat Cheyenne Costilla Clear Creek Montrose Conejos Morgan Crowley Otero Custer Ouray Delta Park Dolores Phillips Elbert Prowers Fremont Pueblo Garfield Rio Blanco Gilpin Rio Grande Grand Routt Gunnison Saguache Hinsdale San Juan Huerfano San Miguel Jackson Sedgwick Kiowa Summit Kit Carson Teller La Plata Washington Lake Weld Yuma APX 13 02 05 21 Includes copyrighted material of Insurance Services Office , Inc . Page 1 of 2 with its permission . Retroactive Dates : July 1 , 1986 except for the following Counties : • Cheyenne County: 2/16/1987 • Delta County: 7/ 1 / 1988 • Fremont County: 7/ 1 /1987 • Grand County: 7/1 / 1987 • Lake County: 4/ 1 / 1987 • Montrose County: 7/1 / 1987 • Weld County: 1 /15/1986 • Custer County ( LEL Personal injury and Property Damage only) : 1 /1 / 1997 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED Page 2 of 2 APX 13 02 05 21 ❑ COMMERCIAL GENERAL LIABILITY ASC 00 02 09 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT This endorsement modifies this policy with the addition of the following : It is understood and agreed that in the event of a failure by us to pay any amount claimed to be due hereunder, we , at the request of the first named insured , will submit to the jurisdiction of a court of competent jurisdiction within the United States of America . The foregoing shall not constitute a waiver of any of our rights to remove , remand , or transfer such suit to any other court pf competent jurisdiction in accordance with the applicable statutes of the United States of America or any state therein . In any suit instituted against us upon this contract by said court, we will abide by the final decision of the court or of any appellate court in the event of an appeal . Pursuant to any statute of any state , territory, or district of the United States which makes provision therefore , the company hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the Statute , or his successors in office , as our 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 (s) or any beneficiary hereunder arising out of this contract of insurance , and hereby designate the below named as the person whom the said officer is authorized to mail process or a true copy thereof. It is further agreed that service of process may be made upon Jeff Silver, Legal Department, Applied Specialty Underwriters , LLC . , 10805 Old Mill Road , Omaha , NE 68154 , or his or her representative , as the receiver of said process in which a cause of action under this contract of insurance arises . ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED ASC 00 02 09 20 Includes information from Insurance Services Office , Inc. , Page 1 of 1 with its permission ASC 00 03 09 20 APPLIED SPECIALTY UNDERWRITERS , LLC . PRIVACY STATEMENT To provide our products and services to you , we must collect , use , and share information about you . This Privacy Notice describes policies and practices about how we protect, collect and share information related to the financial products and services you receive from us . We Protect Your Information By: • Using security measures to protect your information from unauthorized access or use in accordance with state and federal requirements ; • Training employees to safeguard information and restricting access to information to those em- ployees who need it to perform their job functions ; • Contractually requiring business partners with whom we share your information to safeguard it and use it exclusively for the purpose for which it was shared . Information We Collect May Include : • Information that you provide to us on applications or forms , during conversations with us or our repre- sentatives ; • Information about your transactions with us ; • Information from third parties such as consumer or other reporting agencies or other institutions ; • Information obtained during the claim adjustment process . We May Share All of the Information We Collect, as Described Above, With : • Employees who provide our products and services to you ; • Our affiliated companies ; • Reinsurers ; • Entities who perform marketing or administrative services for us ; • Entities who perform risk management or claim mitigation services ; • Entities who provide claim adjustment services ; • Courts and government agencies in response to court orders or legal investigations ; • Credit bureaus . Other than as described above , we will only share your information as permitted by law and if the law requires us to give your consent or give you the opportunity to opt out of some types of sharing , we will allow you the option to opt out before sharing the information . ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED ASC 00 03 09 20 Page 1 of 1 ASC 00 04 09 20 CLAIM REPORTING As a condition of this policy, you are required notify us as soon as practicable of an "occurrence" or an offense which may result in a claim and written notice of a of a claim or "suit" as soon as practicable . All claim notices must be sent as soon as practicable to : newclaim@auw. com Alternatively claims may be mailed to : Applied Specialty Underwriters , LLC . Attn : Claims Department PO Box 3216 Omaha , NE 68103-0216 All claims must be reported using an Acord loss form or equivalent and should contain a detailed description of the loss as well as contact information for the insured and the potential claimant(s) . If the insured files a claim with the broker, it is the broker's responsibility to forward the claim to Applied Specialty Underwriters , LLC . If you have questions about a claim , please call : 1 -877-234-4420 , Option 1 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED ASC 00 04 09 20 Page 1 of 1 COMMERCIAL EXCESS LIABILITY APX 13080521 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS CONDITION This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART In consideration of the premium charged , Section III - Conditions of this Policy is hereby amended to include 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 Departments Office of Foreign Assets Control ("OFAC" ) . ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED APX 13 08 05 21 Includes copyrighted material of Insurance Services Office , Inc . Page 1 of 1 with its permission . COMMERCIAL EXCESS LIABILITY APX 13090521 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. QUOTA SHARE AND SEVERAL LIABILITY This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The Limits Of Insurance in the Declarations is replaced by the following : LIMITS OF INSURANCE 1 . Limits : $ 2 , 000 , 000 Each Occurrence ( included in Annual Pool Products-Completed Operations Aggregate) Aggregate $ 2 , 000 , 000 Annual Pool Aggregate 2 . Part of: $ 5 , 000 , 000 Each Occurrence ( included in Annual Pool Products-Completed Operations Aggregate) Aggregate $ 5 , 000 , 000 Annual Pool Aggregate B . Section II . Limits Of Insurance is replaced by the following : 1 . The Limit Of Insurance shown in Paragraph A. 1 . of this endorsement as the Each Occurrence Limit is the most we will pay for damages arising out of any one occurrence or offense . 2 . Subject to the Each Occurrence limit stated in Paragraph A. 1 . of this endorsement , the Products- Completed Operations Aggregate limit stated in Paragraph A. 1 . of this endorsement is the most we will pay for damages arising under the products-completed operations hazard . 3. Subject to the Each Occurrence limit stated in Paragraph A. 1 . of this endorsement, the Other Aggregate Where Applicable limit stated in Paragraph A. 1 . of this endorsement shall be applied in the same manner as the aggregate limits shown in the Schedule Of Underlying Insurance . Our liability for damages under this policy is solely for its percentage , or quota share of the applicable Limits Of Insurance as stated in Paragraph A. 1 . of this endorsement. Further, our liability is several and not joint, and , in no event will we be liable for the percentage , or quota share of any other insurer or organization participating on the same layer of coverage as this policy. C . The following is added to Section III . Conditions : APX 13 09 05 21 Includes copyrighted material of Insurance Services Office , Inc . Page 1 of 2 with its permission . Quota Share Best Terms This policy is offered on the basis of best terms for the company. A. In the event any " participating insurer" does not provide coverage for damages for any reason , then this policy will not provide coverage for such damages . B . As a condition precedent to our obligations under this policy, the " net premium " paid to us for this policy per million of the Each Occurrence limit stated in Paragraph A. 1 . of this endorsement will be no less than the " net premium " paid to any " participating insurer" per million of the limit insured by such " participating insurer" . C . To the extent that there are "terms" more favorable to any " participating insurer" under its contract than the "terms" of this policy, it is agreed that this policy, at our option , will be construed as containing the "terms" more favorable to such " participating insurer" , as though such terms were actually provided in this policy from its inception date . D . With respect to this endorsement, the following definitions apply: " Net premium " means premium after deduction of any brokerage or commission . " Participating insurer" means an insurer, other than us , that is insuring a quota share percentage of the layer of insurance specified in ParagraphA.2 , of this endorsement at any time during the Policy Period of this policy. "Terms" mean definitions , warranties , terms , conditions , exclusions , and limitations ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED APX 13 09 05 21 Includes copyrighted material of Insurance Services Office , Inc. Page 2 of 2 with its permission . COMMERCIAL EXCESS LIABILITY APX 15050521 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ORGANIC PATHOGENS This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to SECTION I — COVERAGE — Paragraph 2 . Exclusions : This insurance does not apply to any " injury or damage" arising out of, caused by, or resulting directly or indirectly from : a . Any actual , alleged or threatened infectious , pathogenic , toxic or other harmful properties of any "organic pathogen . " b . Claim , suit, request, demand , order or statutory or regulatory requirement for damages because of testing for, monitoring , cleaning up , removing , containing , treating , detoxifying or neutralizing , or in any way responding to , or assessing the effects of any "organic pathogen . " However, this exclusion does not apply to bodily injury liability caused by any "organic pathogen" in or on any food or beverages sold , distributed , served or handled by any insured ; "Organic pathogen " means any: a . Any infectious and/or contagious disease or condition including , but not limited to any pandemic , epidemic or other spread of pathogen , howsoever styled and whether or not declared or acknowledged as such by any government or competent authority; b . viruses or other pathogens (whether or not a microorganism ) ; or c . colony or group of any of the foregoing . ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED APX 15 05 05 21 Includes copyrighted material of Insurance Services Office , Inc. Page 1 of 1 with its permission . COMMERCIAL EXCESS LIABILITY APX 15060521 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CYBER LIABILITY This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to SECTION I — COVERAGE — Paragraph 2 . Exclusions : This insurance does not apply to any " injury or damage" arising out of, caused by, or resulting directly or indirectly from : The unauthorized access , theft, alteration , corruption or disclosure of confidential , intellectual , proprietary or personal information and data , including , but not limited to , patents , trade secrets , processing methods , customer lists , financial information , credit card information , health information or any other type of nonpublic information . This exclusion also excludes any liability for any loss , cost, damage , expense , fine or penalty, loss of use of, corruption of, inability to access , reduction in functionality, directly or indirectly caused by or contributed to or resulting from the following non-exhaustive list of events regardless of any other cause or other event contributing concurrently or in any other sequence to the loss , liability cost, damage , expense , fine or penalty: a ) damage to or loss of data occurring on computer systems , or b ) an unauthorized access of computer systems , or c) computer malware on computer systems , or d ) human error affecting computer systems , or e) system failure occurring on computer systems , or f) a defect of computer systems , or g ) social engineering , or h ) cyber extortion This exclusion applies even if loss , damages or expenses are claimed for notification costs , credit monitoring and repair expenses , forensic expenses , public relation expenses or any other loss , damage or expense incurred arising out of any access to or disclosure of any person 's or organization 's confidential , intellectual , proprietary or personal information and data . However, this exclusion shall not apply to third-party bodily injury or property damage that results from or arises out of or is related to , either directly or indirectly, in whole or in part , any of the above . ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED APX 15 06 05 21 Includes copyrighted material of Insurance Services Office , Inc. Page 1 of 1 with its permission . COMMERCIAL EXCESS LIABILITY APX 15020521 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - WAR This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to SECTION I — COVERAGE — Paragraph 2 . Exclusions : This insurance does not apply to any " injury or damage" arising out of, caused by, or resulting directly or indirectly from : ( 1 ) War, including undeclared or civil war; or (2) Warlike action by a military force , including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents ; or (3) Insurrection , rebellion , revolution , usurped power, or action taken by governmental authority in hindering or defending against any of these . ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED APX 15 02 05 21 Includes copyrighted material of Insurance Services Office , Inc. Page 1 of 1 with its permission . COMMERCIAL EXCESS LIABILITY APX 15270521 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DAMS This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to SECTION I — COVERAGE — Paragraph 2 . Exclusions : This insurance does not apply to any " injury or damage" arising out of, caused by, or resulting directly or indirectly from : The ownership , operation , maintenance or use of a "dam " , including , but not limited to , "dam " failure . " Dam " means any barrier constructed to hold back water, including , but not limited to , those constructed for the purpose of managing water supply, managing water levels or generating electricity. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED APX 15 27 05 21 Includes copyrighted material of Insurance Services Office , Inc. Page 1 of 1 with its permission . COMMERCIAL EXCESS LIABILITY APX 15140521 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CERTIFIED ACTS OF TERRORISM AND OTHER ACTS OF TERRORISM This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to SECTION I — COVERAGE — Paragraph 2 . Exclusions : This insurance does not apply to any " injury or damage" arising out of, caused by, or resulting directly or indirectly from : A "certified act of terrorism " or an "other act of terrorism " . However, with respect to an "other act of terrorism " , this exclusion applies only when one or more of the following are attributed to such act: 1 . The total of insured damage to all types of property exceeds $25 , 000 , 000 . In determining whether the $25 , 000 , 000 threshold is exceeded , we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision , insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions ; or 2 . Fifty or more persons sustain death or serious physical injury. For the purposes of this provision , serious physical injury means : a. Physical injury that involves a substantial risk of death ; or b . Protracted and obvious physical disfigurement; or c. Protracted loss of or impairment of the function of a bodily member or organ ; or 3. The terrorism involves the use , release or escape of nuclear materials , or directly or indirectly results in nuclear reaction or radiation or radioactive contamination ; or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials ; or 5. Pathogenic or poisonous biological or chemical materials are released , and it appears that one purpose of the terrorism was to release such materials . With respect to this exclusion , Paragraphs 1 . and 2 . describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism " and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B . The following definitions are added : 1 . For the purposes of this addendum , "any injury or damage" means any injury or damage covered under any Policy Reinsured to which this addendum is applicable , and includes but is not limited to " bodily injury" , "property damage" , " personal and advertising injury" , "injury" or "environmental damage" as may be defined in any applicable Policy Reinsured . APX 15 14 05 21 Includes copyrighted material of Insurance Services Office , Inc. Page 1 of 2 with its permission . 2 . "Certified act of terrorism " means an 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 , to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002 . The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a "certified act of terrorism " : a. The act resulted in aggregate losses in excess of $5 million ; and b.The act is a violent act or an act that is dangerous to human life , property or infrastructure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, 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 . 3. "Other act of terrorism " means a violent actor an act that is dangerous to human life , property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion , and the act is not certified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act of 2002 . Multiple incidents of an "other act of terrorism " which occur within a seventy-two-hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C . In the event of any incident of a "certified act of terrorism " or an "other act of terrorism " that is not subject to this exclusion , reinsurance does not apply to any loss or damage that is otherwise excluded under this Certificate . ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED APX 15 14 05 21 Includes copyrighted material of Insurance Services Office , Inc. Page 2 of 2 with its permission . COMMERCIAL EXCESS LIABILITY MANUSCRIPT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PFAS This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to SECTION I — COVERAGE — Paragraph 2 . Exclusions : This insurance does not apply to any " injury or damage" arising out of, caused by, or resulting directly or indirectly from : Per fluorinated Compounds : Any and all liability, including , but not limited to , losses , costs or expenses related to , arising from , or associated with clean-up , remediation , containment, removal or abatement, caused directly or indirectly, in whole or in part, by Perfluorinated Compounds ( PFCs ) , in whole or part, listed as part of State or Federal guidance or regulations , and county, state , or federal directives requiring PFCs to be investigated or cleaned up including , but not limited to , perfluoroalkyl substances ( PFAS or any PFAS , PFOS and PFOA-related products and chemicals) , including any constituents of, additives to , or daughter or degradation by-products thereof. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED MANUSCRIPT Includes copyrighted material of Insurance Services Office , Inc. Page 1 of 1 with its permission . Upland COMMERCIAL EXCESS LIABILITY DECLARATIONS Policy Number: USXPE0076922 Named Insured and Mailing Address: Colorado Counties Casualty and Property Pool c/o County Technical Services, 800 Grant Street, Suite 400 80203, Policy Period : 01/01/2022 to 01/01/2023 12 :01 A. M . Standard Time at the Address of the Insured as shown above . IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Insurer: Upland Specialty Insurance Company 5050 Quorum Drive, Suite 700-#473 Dallas, TX 75254 Producer Name: Risk Placement Services, Inc. Audit Period (If Applicable): N/A Premium: Basis of Premium Non-Auditable: X Auditable : Premium: Total Advance Premium $ 1,297,200.00 Minimum Annual Premium $ 1,297,200.00 100.00% Minimum Earned Premium applies at Inception Limits of Insurance: $5,000,000 Each Occurrence Limit $5,000, 000 Aggregate Limit (where applicable) USIC Participation Hereon : 60% ($3,000,000) Quota Share of the Limits shown above These Limits of Insurance apply in excess of those limits in the Schedule of Underlying Insurance indicated below. Schedule of Underlying Insurance: - See attached ( Form No. UE 00 04 04 21) Forms and Endorsements: Applicable to all Coverage Forms and made part of this policy at time of issuance - See attached ( Form No. UE 00 03 04 21) Date of Issue: 08/05/2022 James A Damonte Authorized Representative UE00010421 Named Insured : Colorado Counties Casualty and Property Pool Policy Number: USXPE0076922 SCHEDULE OF FORMS AND ENDORSEMENTS It is hereby understood and agreed the following forms and endorsements are attached to and are a part of this policy: Form Number Form/Endorsement Title . U E 00 0104 21 Commercial Excess Liability Declarations U E 00 03 04 21 Schedule of Forms and Endorsements . U E 00 04 04 21 Schedule of Underlying Insurance U E 00 05 04 21 Commercial Excess Liability Coverage Form U C SLCO 02 21 Colorado Surplus Lines Notice U E 00 06 04 21 Exclusion - Cyber U E 00 09 04 21 Exclusion - Access or Disclosure of Confidential or Personal Information and Data Related Liability U E 00 1104 21 Exclusion - Communicable Disease U C 00 06 02 21 Claims Reporting Procedures U E 00 15 04 21 Quota Share Endorsement CX 2133 01 15 Exclusion Of Certified Acts Of Terrorism U C 00 04 02 21 U .S. Treasury Department's Office of Foreign Assets Control ( " OFAC" ) Advisory Notice to Policyholders U X 00 39 02 21 Policy Change Notice - Perfluorinated Compounds ( PFCs) Exclusion U X 00 39 02 21 Policy Change Notice - Dam Failure Exclusion U C 00 02 02 21 Service of Suit CX 27 00 12 19 Underlying Claims-Made Coverage CX 02 07 09 08 Colorado Changes - Cancellation and Nonrenewal U C 00 07 02 21 Signature Page UE 00 03 04 21 Page 1 of 1 Named Insured : Colorado Counties Casualty and Property Pool Policy Number: USXPE0076922 SCHEDULE OF UNDERLYING INSURANCE Coverage : Follow Form Excess Carrier: Evanston Insurance Company Policy Number: 1644159 Policy Term : 01/01/2022 - 01/01/2023 Controlling: Yes Limits Of Liability: Excess Liability Each Occurrence $3, 000,000 Annual Aggregate $9, 000,000 Coverage : Law Enforcement Liability Carrier: QBE Specialty Insurance Company Policy Number: QSX01008-00 Policy Term : 01/01/2022 - 01/01/2023 Controlling: Yes Limits Of Liability: Law Enforcement Liability Each Wrongful Act $4, 000,000 Annual Aggregate $8, 000,000 Self-Insured Retention : Law Enforcement Liability: $ 1,000, 000 Each Wrongful Act Coverage : Public Entity Excess Liability Carrier: Pennsylvania Manufacturers' Association Insurance Company Policy Number: 822200 0951483 Policy Term : 01/01/2022 - 01/01/2023 Controlling: No Limits Of Liability: Auto Liability Each Occurrence Personal Injury and Property Damage Each Occurrence $500,000 p Y g $500,000 Personal Injury and Property Damage Annual Aggregate per Member $500,000 Products and Completed Operations Annual Aggregate per Member $500,000 Public Officials Errors and Omissions Liability each Wrongful Act $500,000 Annual Aggregate per Member $500,000 Employee Benefit Administration each Wrongful Act $500,000 Annual Aggregate per Member $500,000 Self-Insured Retention : Auto Liability, Personal Injury and Property Damage, Public Officials Errors and Omissions Liability, Employee Benefit Administration : $ 1,500,000 Each Occurrence or Wrongful Act U E 00 04 04 21 Page 1 of 1 Commercial Excess Liability Coverage Form UE 00 05 04 21 COMMERCIAL EXCESS LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict defense of, the insured against any other suit coverage . Read the entire Coverage Part carefully to seeking damages for " injury or damage" . determine rights , duties and what is and is not covered . However, we will have no duty to defend the Throughout this Coverage Part the words "you " and insured against any suit seeking damages for "your" refer to the Named Insured shown in the which insurance under this Coverage Part does Declarations , and any other person or organization not apply . qualifying as a Named Insured under this Coverage Part . The words "we" , " us " and " our" refer to the At our discretion , we may investigate any " event" company providing this insurance . The word " insured " that may involve this insurance and settle any means any person or organization qualifying as such resultant claim or suit , for which we have the under the " controlling underlying insurance " . duty to defend . But : Other words and phrases that appear in quotation ( 1 ) The amount we will pay for " ultimate net loss " is marks in this Coverage Part have special meaning . limited as described in Section II — Limits Of Refer to Section IV — Definitions . Other words and Insurance ; and phrases that are not defined under this Coverage Part ( 2 ) Our right and duty to defend ends when we have but defined in the " controlling underlying insurance " will used up the applicable limit of insurance in the have the meaning described in the policy of " controlling payment of judgments or settlements under this underlying insurance" . Coverage Part . However, if the policy of " controlling The insurance provided under this Coverage Part will underlying insurance" specifies that limits are follow the same provisions , exclusions and limitations reduced by defense expenses , our right and duty that are contained in the applicable " controlling to defend ends when we have used up the underlying insurance " , unless otherwise directed by applicable limit of insurance in the payment of this insurance . To the extent such provisions differ or defense expenses , judgments or settlements under conflict , the provisions of this Coverage Part will apply . this Coverage Part . However, the coverage provided under this Coverage b . This insurance applies to " injury or damage" that is Part will not and is not intended to be broader than that subject to an applicable " retained limit" . If any other provided by the applicable "controlling underlying limit , such as a sublimit , is specified in the insurance" . " controlling underlying insurance" , this insurance There may be more than one " underlying insurance " does not apply to " injury or damage" arising out of listed in the Declarations . One of the listed " underlying that exposure unless that limit is specified in the insurance" will be identified as the "controlling Declarations under the Schedule of Underlying underlying insurance" . In the event of conflict between Insurance . the provisions of those underlying policies , which are c . If the " controlling underlying insurance" requires , for not superseded by the provisions of this Coverage Part , a particular claim , that the " injury or damage " occur then the provisions , exclusions and limitations of the during its policy period in order for that coverage to " controlling underlying insurance" applicable to the apply , then this insurance will only apply to that particular "event" for which a claim is made or suit is " injury or damage" if it occurs during the policy brought will apply . period of this Coverage Part . If the " controlling SECTION I - COVERAGES 1 . Insuring Agreement underlying insurance " requires that the " event" causing the particular " injury or damage" takes a. We will pay on behalf of the insured the " ultimate net place during its policy period in order for that loss " in excess of the " retained limit" because of coverage to apply , then this insurance will apply to " injury or damage" to which insurance provided the claim only if the " event" causing that " injury or under this Coverage Part applies . damage" takes place during the policy period of this We will have the right and duty to defend the Coverage Part . insured against any suit seeking damages for d . Any additional insured under any policy of such " injury or damage" when the applicable " underlying insurance " will automatically be an limits of " underlying insurance" have been additional insured under this insurance provided the exhausted in accordance with the provisions of limits of this Coverage Part remain unchanged . If such " underlying insurance " . coverage provided to the additional insured is When we have no duty to defend , we will have required by a contract or agreement , the most we the right to defend , or to participate in the will pay on behalf of the additional insured is the amount of insurance required by the contract , less any amounts payable by any " underlying insurance" . Additional insured coverage provided UE 00 05 04 21 Includes material under copyright with Insurance Services Office, Inc. Page 1 of 6 by this insurance will not be broader than coverage Any obligation of the insured under a workers ' provided by the " controlling underlying insurance" . compensation , disability benefits or 2. Exclusions unemployment compensation law or any The following exclusions , and any other exclusions similar law or statutory benefit . added by endorsement , apply to this Coverage Part . In addition , the exclusions applicable to any SECTION II - LIMITS OF INSURANCE " controlling underlying insurance " apply to this insurance unless superseded by the following 1 . The Limits of Insurance shown in the Declarations , exclusions , or superseded by any other exclusions and the rules below fix the most we will pay added by endorsement to this Coverage Part . regardless of the number of: Insurance provided under this Coverage Part does a . Insureds ; not apply to : b . Claims made or suits brought , or number of a . Medical Payments vehicles involved ; Medical payments coverage or expenses that c . Persons or organizations making claims or are provided without regard to fault , whether or bringing suits ; or not provided by the applicable " controlling d . Limits available under any " underlying u nderlying insurance" . insurance" including the "controlling b. Auto underlying insurance " . Any loss , cost or expense payable under or 2 . The Limits of Insurance of this Coverage Part will resulting from the risks covered by any of the apply as follows : following auto coverages : a . This insurance only applies in excess of the ( 1 ) First- party physical damage coverage ; " retained limit" . (2) No-fault coverage ; b . The Aggregate Limit is the most we will pay for the sum of all " ultimate net loss " , for all (3 ) Personal injury protection or auto medical " injury or damage" covered under this payments coverage ; or Coverage Part . (4) Uninsured or underinsured motorists However, this Aggregate Limit only applies coverage . to " injury or damage" that is subject to an c . Pollution aggregate limit of insurance under the ( 1 ) " Injury or damage " which would not have " underlying insurance " . occurred , in whole or in part , but for the actual , c . Subject to Paragraph 2 . b. above , the Each alleged or threatened discharge , dispersal , Occurrence Limit is the most we will pay for seepage , migration , release or escape of " ultimate net loss " as defined in Paragraph pollutants at any time . 6.a. (2) Any loss , cost or expense arising out of any : d . Subject to Paragraph 2 . b. above , the Each (a) Request , demand , order or statutory or Occurrence Limit is the most we will pay for regulatory requirement that any insured or " ultimate net loss " as defined in Paragraph others test for, monitor, clean up , remove , 6. b . contain , treat , detoxify or neutralize , or in any e. Subject to Paragraph 2 . b. above , the Each way respond to , or assess the effects of, Claim Limit is the most we will pay for pollutants ; or " ultimate net loss " as defined in Paragraph ( b) Claim or suit by or on behalf of a 6.c . governmental authority for damages because of f. If the Limits of Insurance of the " controlling testing for, monitoring , cleaning up , removing , underlying insurance " are reduced by containing , treating , detoxifying or neutralizing , defense expenses by the terms of that o r in any way responding to , or assessing the policy , any payments for defense expenses effects of, pollutants . we make will reduce our applicable Limits This exclusion does not apply to the extent that of Insurance in the same manner. valid " controlling underlying insurance " for the 3 . If the "controlling underlying insurance" contains pollution liability risks described above exists or multiple aggregate limits , then the Aggregate Limits would have existed but for the exhaustion of shown in the Declarations shall apply in the same u nderlying limits for " injury or damage " . manner as the aggregate limits in the "controlling e . Workers' Compensation And Similar Laws underlying insurance" . UE 00 05 04 21 Includes material under copyright with Insurance Services Office, Inc. Page 2 of 6 4. If any "controlling underlying insurance" has a policy ( 1 ) How , when and where the " event" took period that is different from the policy period of this place ; Coverage Part then , for the purposes of this ( 2) The names and addresses of any injured " r etained the limit" will only be reduced persons and witnesses ; and or exhausted by payments made for " injury or damage" covered under this insurance . ( 3) The nature and location of any " injury or damage" arising out of the " event" . The Aggregate Limit of this Coverage Part applies separately to each consecutive annual period of this b . If a claim is made or suit is brought against any Coverage Part and also to any remaining period of insured , you must : this Coverage Pad of less than 12 months , starting ( 1 ) Immediately record the specifics of the with the beginning of the policy period shown in the claim or suit and the date received ; and Declarations , unless the policy period is extended ( 2) Notify us as soon as practicable . after issuance of this Coverage Pad for an additional period of less than 12 months . In that You must see to it that we receive written notice case , the additional period will be deemed part of of the claim or suit as soon as practicable . the last preceding period for purposes of c. You and any other insured involved must: determining the Limits of Insurance . ( 1 ) Immediately send us copies of any demands , notices , summonses or legal SECTION III - CONDITIONS papers received in connection with the claim or suit ; The following conditions apply . In addition , the conditions applicable to any " controlling underlying ( 2) Authorize us to obtain records and other insurance" are also applicable to the coverage provided information ; under this insurance unless superseded by the ( 3 ) Cooperate with us in the investigation or following conditions . settlement of the claim or defense against 1 . Appeals the suit ; and If the " controlling underlying insurer" or insured (4) Assist us , upon our request , in the elects not to appeal a judgment in excess of the enforcement of any right against any amount of the " retained limit" , we may do so at our person or organization which may be liable own expense . We will also pay for taxable court to the insured because of " injury or costs , pre- and postjudgment interest and damage " to which this insurance may also disbursements associated with such appeal . In no apply . event will this provision increase our liability beyond d . No insured will , except at that insured 's own cost , the applicable Limits of Insurance described in voluntarily make a payment , assume any Section II — Limits of Insurance . obligation , or incur any expense , other than for first 2 . Bankruptcy aid , without our consent . a . Bankruptcy Of Insured 4. First Named Insured Duties Bankruptcy or insolvency of the insured or of the The first Named Insured is the person or insured 's estate will not relieve us of our organization first named in the Declarations and is obligations under this Coverage Part . responsible for the payment of all premiums . The first Named Insured will act on behalf of all other b. Bankruptcy Of Underlying Insurer Named Insureds for giving and receiving of notice Bankruptcy or insolvency of any " underlying of cancellation or the receipt of any return premium insurer" will not relieve us of our obligations that may become payable . under this Coverage Part . At our request , the first Named Insured will furnish However, insurance provided under this Coverage us , as soon as practicable , with a complete copy of Part will not replace any " underlying insurance " in any " underlying insurance" and any subsequently the event of bankruptcy or insolvency of an issued endorsements or policies of any " underlying " underlying insurer" . The insurance provided under insurance" which may in any way affect the this Coverage Part will apply as if the " underlying insurance provided under this Coverage Part . insurance" were in full effect and recoverable . 5 . Cancellation 3. Duties In The Event Of An Event, Claim Or Suit a. The first Named Insured shown in the a . You must see to it that we are notified as soon as Declarations may cancel this Coverage Part by practicable of an " event" , regardless of the amount , mailing or delivering to us advance written notice which may result in a claim under this insurance . of cancellation . To the extent possible , notice should include : UE 00 05 04 21 Includes material under copyright with Insurance Services Office, Inc. Page 3 of 6 b. We may cancel this Coverage Part by mailing or other basis . This condition will not apply to delivering to the first Named Insured written insurance specifically written as excess over this notice of cancellation at least: Coverage Part . ( 1 ) 10 days before the effective date of When this insurance is excess , if no other cancellation if we cancel for nonpayment insurer defends , we may undertake to do so , but of premium ; or we will be entitled to the insured 's rights against (2) 30 days before the effective date of all those other insurers . cancellation if we cancel for any other b . When this insurance is excess over other reason . insurance , we will pay only our share of the c. We will mail or deliver our notice to the first " ultimate net loss " that exceeds the sum of: Named Insured 's last mailing address known to ( 1 ) The total amount that all such other us . insurance would pay for the loss in the d. Notice of cancellation will state the effective date absence of the insurance provided under of cancellation . The policy period will end on that this Coverage Part ; and date . ( 2 ) The total of all deductible and self- insured e . If this Coverage Part is cancelled , we will send amounts under all that other insurance . the first Named Insured any premium refund due . 9. Premium Audit If we cancel , the refund will be pro rata . If the first a . We will compute all premiums for this Coverage Named Insured cancels , the refund may be less Part in accordance with our rules and rates . than pro rata . The cancellation will be effective even if we have not made or offered a refund . b . If this Coverage Part is auditable , the premium shown in this Coverage Part as advance f. If notice is mailed , proof of mailing will be premium is a deposit premium only . At the close sufficient proof of notice . of each audit period , we will compute the earned 6 . Changes premium for that period and send notice to the This Coverage Part contains all the agreements first Named Insured . The due date for audit between you and us concerning the insurance premium is the date shown as the due date on afforded . The first Named Insured is authorized by the bill . If the sum of the advance and audit all other insureds to make changes in the terms of premiums paid for the policy period is greater this Coverage Part with our consent . This Coverage than the earned premium , we will return the Part's terms can be amended or waived only by excess to the first Named Insured . endorsement . c . The first Named Insured must keep records of 7 . Maintenance Of/Changes To Underlying the information we need for premium Insurance computation , and send us copies at such times as we may request . Any " underlying insurance" must be maintained in full effect without reduction of coverage or limits 10 . Loss Payable except for the reduction of aggregate limits in Liability under this Coverage Part does not apply to accordance with the provisions of such " underlying a given claim unless and until : insurance" that results from " injury or damage" to a. The insured 's " underlying insurer(s) " has/have which this insurance applies . paid the full amount of the " retained limit" that is Such exhaustion or reduction is not a failure to not self- insurance and the insured has paid the maintain " underlying insurance" . Failure to maintain full amount of that portion of the " retained limit" " underlying insurance" will not invalidate insurance that is self- insurance ; and provided under this Coverage Part , but insurance b . The obligation of the insured to pay the " ultimate provided under this Coverage Part will apply as if net loss " in excess of the " retained limit" has the " underlying insurance" were in full effect . been determined by a final settlement or The first Named Insured must notify us in writing , as judgment or written agreement among the soon as practicable , if any " underlying insurance " is insured , claimant , " underlying insurer(s) " (or a cancelled , not renewed , replaced or otherwise representative of one or more of these) and us . terminated , or if the limits or scope of coverage of 11 . Legal Action Against Us any " underlying insurance" is changed . No person or organization has a right under this 8 . Other Insurance Coverage Part : a . This insurance is excess over, and shall not a . To join us as a party or otherwise bring us into a contribute with any of the other insurance , suit asking for damages from an insured ; or whether primary , excess , contingent or on any UE 00 05 04 21 Includes material under copyright with Insurance Services Office, Inc. Page 4 of 6 b. To sue us on this Coverage Part unless all of its SECTION IV - DEFINITIONS terms have been fully complied with . The definitions applicable to any "controlling underlying A person or organization may sue us to recover insurance" also apply to this insurance . In addition , the on an agreed settlement or on a final judgment following definitions apply . against an insured ; but we will not be liable for 1 . " Controlling underlying insurance" means any policy damages that are not payable under the terms of insurance or self- insurance or other risk transfer of this Coverage Part or that are in excess of the arrangement identified as such in the Declarations applicable limit of insurance . An agreed under the Schedule of Underlying Insurance . settlement means a settlement and release of liability signed by us , the insured , " underlying 2 . " Controlling underlying insurer" means any insurer insurer(s) " and the claimant or the claimant's who provides the "controlling underlying insurance" . legal representative . 3 . " Event" means an occurrence , offense , accident , 12 . Transfer Of Defense act , or other event , to which the applicable " controlling underlying insurance" applies . a. Defense Transferred To Us 4 . " Injury or damage" means any injury or damage , When the limits of " underlying insurance" have covered in the applicable " controlling underlying been exhausted , in accordance with the insurance" arising from an " event" . provisions of the " underlying insurance" , we may elect to have the defense transferred to us . We 5 . " Retained limit" means the available limits of will cooperate in the transfer of control to us of " underlying insurance " applicable to the claim . any outstanding claims or suits seeking damages 6 . " Ultimate net loss " means : to which this insurance applies and which would have been covered by the " underlying insurance " a . If the "controlling underlying insurance" had the applicable limit not been exhausted . requires , for a particular claim , that the " injury b. Defense Transferred By Us or damage" occur during its policy period in When our limits of insurance have been order for that coverage to apply , then exhausted , our duty to provide a defense will " ultimate net loss" means those sums , after cease . We will cooperate in the transfer of control reduction for recoveries or salvages of defense to any insurer specifically written as collectible , that the " insured" pays by reason excess over this Coverage Part of any of settlements , judgments , or other binding outstanding claims or suits seeking damages to alternate dispute resolution proceedings which this insurance applies and which would entered into with our consent , as damages have been covered by this insurance had the because of " injury or damage" that takes applicable limit not been exhausted . place during the policy period and comes within the terms and limits of this Coverage In the event that there is no insurance written as Part . excess over this Coverage Part , we will cooperate in the transfer of control to the insured b . If the "controlling underlying insurance" and its designated representative . requires , for a particular claim , that the 13 . Subrogation "event" causing the particular " injury or In the event of any payment under this Coverage damage" takes place during its policy period Part , we shall be subrogated to all of the insured 's in order for that coverage to apply , then rights of recovery to the extent of our payment . The " ultimate net loss" means those sums , after insured shall execute and deliver all instruments reduction for recoveries or salvages and documents as necessary and shall do collectible , that the " insured" pays by reason everything necessary to secure our subrogation of settlements , judgments , or other binding rights . The insured shall not do anything that might alternate dispute resolution proceedings prejudice our position or potential or actual rights of entered into with our consent , as damages recovery . resulting from the "event" taking place during 14. When We Do Not Renew the policy period and coming within the terms and limits of this Coverage Part . If we decide not to renew this Coverage Part , we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal c . If the "controlling underlying insurance" not less than 30 days before the expiration date . requires , for a particular claim , that a claim causing the particular " injury or damage" be If notice is mailed , proof of mailing will be sufficient made against any insured and reported to an proof of notice . " underlying insurer" during its policy period in order for that coverage to apply , then UE 00 05 04 21 Includes material under copyright with Insurance Services Office, Inc. Page 5 of 6 " ultimate net loss" means those sums , after reduction for recoveries or salvages collectible , that the " insured " pays by reason of settlements , judgments , or other binding alternate dispute resolution proceedings entered into with our consent , as damage resulting from the claim being made against any insured and reported to an " underlying insurer" during its policy period and coming within the terms and limits of this Coverage Part . 7 . " Underlying Insurance" means any policy of insurance or self- insurance or other risk transfer arrangement listed in the Declarations under the Schedule of Underlying Insurance . 8 . " Underlying Insurer" means any insurer who provides any policy of insurance or other risk transfer arrangement listed in the Declarations under the Schedule of Underlying Insurance . UE 00 05 04 21 Includes material under copyright with Insurance Services Office, Inc. Page 6 of 6 COLORADO SURPLUS LINES NOTICE This contract is delivered as surplus line coverage under the Nonadmitted Insurance Act . The insurer issuing this contract is not licensed in Colorado but is an eligible nonadmitted insurer . There is no protection under the provisions of the Colorado Insurance Guaranty Association Act . UC SLCO 02 21 Page 1 of 1 COMMERCIAL EXCESS LIABILITY UE 00 06 04 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CYBER This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2 . Exclusions of Section I — Coverages : Insurance provided under this Coverage Part does not apply to : All "ultimate net loss" , loss , damage , liability , cost or expense caused by or arising out of a "cyber act" or a "cyber incident" . "Cyber Act" as used herein means an unauthorized , malicious or criminal act or series of related u nauthorized , malicious or criminal acts , regardless of time and place , or the threat or hoax thereof involving access to , processing of, use of or operation of any "computer system" . "Cyber incident " as used herein means : a . Any error or omission or series of related errors or omissions involving access to , processing of, use of or operation of any "computer system" ; or b . Any partial or total unavailability or failure or series of related partial or total unavailability or failures to access , process , use or operate any computer system . "Computer system " as used herein means any computer, hardware , software , communications system , e lectronic device (including , but not limited to , smart phone , laptop , tablet , wearable device) , server, cloud o r microcontroller including any similar system or any configuration of the aforementioned and including any associated input , output , data storage device , networking equipment or back up facility , owned or o perated by the Insured or any other party . This policy shall not recognize reduction or exhaustion of limits of any " underlying insurance" by any claim for or suit for or payment of any amount excluded by this Endorsement . ALL OTHER TERMS , CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED . UE 00 06 04 21 COMMERCIAL EXCESS LIABILITY UE 00 09 04 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2 . Exclusions of Section I — Coverages : Insurance provided under this Coverage Part does not apply to " injury or damage" arising out of: Any access to or disclosure of any person 's or organization 's confidential or personal information , including patents , trade secrets , processing methods , customer lists , financial information , credit card information , health information or any other type of nonpublic information ; or The loss of, loss of use of, damage to , corruption of, inability to access , or inability to manipulate "electronic data " . This exclusion applies even if damages are claimed for notification costs , credit monitoring expenses , forensic expenses , public relations expenses or any other loss , cost or expense incurred by you or others arising out of that which is described above . " Electronic data " as used herein means information , facts or programs stored as or on , created or used on , or transmitted to or from computer software , including systems and applications software , hard or floppy disks , CDROMS , tapes , drives , cells , data processing devices or any other media which are used with electronically controlled equipment . ALL OTHER TERMS , CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED . UE 00 09 04 21 COMMERCIAL EXCESS LIABILITY U E 00 11 04 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - COMMUNICABLE DISEASE This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2 . Exclusions of Section I — Coverages : Notwithstanding any provision to the contrary within this Coverage Part , this Coverage Part excludes all "ultimate net loss" , actual or alleged loss , liability, damage , compensation , injury, sickness , disease , death , medical payment , defense cost , cost , expense or any other amount , directly or indirectly and regardless of any other cause contributing concurrently or in any sequence , originating from , caused by , arising out of, contributed to by, resulting from , or otherwise in connection with a " Communicable Disease" or the fear or threat (whether actual or perceived ) of a "Communicable Disease" , except as specified below . As used herein , a "Communicable Disease " means any disease which can be transmitted by means of any substance or agent from any organism to another organism where : 1 . the substance or agent includes , but is not limited to , a virus , bacterium , parasite or other organism or any variation thereof, whether deemed living or not , and 2 . the method of transmission , whether direct or indirect , includes but is not limited to , airborne transmission , bodily fluid transmission , transmission from or to any surface or object , solid , liquid or gas or between organisms , and 3 . the disease , substance or agent can cause or threaten bodily injury , illness , emotional distress or damage to human health , human welfare or property damage . This Coverage Pad shall not recognize reduction or exhaustion of any Underlying Insurance by any claim for or suit for or payment of any amount excluded by this Endorsement . UE00110421 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. CLAIMS REPORTING PROCEDURES This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY PART In the event of a claim , please notify the following : Use any of the following methods 24 hours a day , 7 days a week : Telephone : 972-532-0797 Facsimile : 1 -888 -892 - 1683 Internet : www . uplandcapgroup . com Electronic Mail : claims@uplandcapgroup . com Regular Mail : 5050 Quorum Drive, Suite 700- #473, Dallas , TX 75254 Claims should be reported with a completed Loss Acord form . At a minimum , please include : • Policy number • Policyholder contact information — name , phone number, address , email • Agent contact information — name , phone number, address , email • Detailed description of the loss - city , state • Date of Loss ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED . UC 00 06 02 21 COMMERCIAL EXCESS LIABILITY UE 00 15 04 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. QUOTA SHARE ENDORSEMENT Named Insured Endorsement Number Colorado Counties Casualty and Property Pool Policy Symbol Policy Number Policy Period Endorsement Date USXPE0076922 01 /01 /2022 To 01 /01 /2023 01 /01 /2022 Issued By ( Name of Insurance Company) Upland Specialty Insurance Company This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY POLICY SECTION II - LIMITS OF INSURANCE is amended to include the following : Our maximum Limit of Insurance for all " ultimate net loss" under this Policy shall be our Percentage Share of Layer set forth in the Schedule below . Our Percentage Share of Layer set forth in the Schedule below is several and not joint and is limited solely to the extent of its subscription to the quota share agreement. We shall not be responsible for the Percentage Share of Layer of any Co- Insurer. Schedule Insurer & Co- Insurers Policy Number Percentage Limits Share of Layer Upland Specialty USXPE0076922 60% $3,000,000 part of $5 , 000 , 000 Excess of Insurance Company See Schedule of Underlying Insurance Texas Insurance TI22NPX-01334-01 40% $3,000,000 part of $5 , 000, 000 Excess of Company See Schedule of Underlying Insurance ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED . UE00150421 Pagel of Print Date: 8/4/2022 COMMERCIAL EXCESS LIABILITY UE 00 15 04 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This policy is subject to the same warranties , terms , definitions , conditions , exclusions and limitations (except as regards the Limits of Insurance and Premium) as are contained in or as may be added to the respective policies of any insurers who participate in the same quota share combined Limit of Insurance of coverage as us , unless any such warranty , term , condition , exclusion or limitation provides greater coverage than this policy, in which case this policy's provision shall control . If the warranties , terms , definitions , conditions , exclusions and limitations of any quota share participant policy further limits or restricts coverage , this policy will be subject to such further limiting or restricting warranties , terms , definitions , conditions , exclusions and limitations . In no event shall this policy grant broader coverage than any quota share participant policy . This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED . UE00150421 Page2of2 COMMERCIAL EXCESS LIABILITY CX 21 33 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART Any endorsement addressing acts of terrorism b . The act is a violent act or an act that is (however defined) in any " controlling underlying dangerous to human life , property or insurance " does not apply to this excess insurance . infrastructure and is committed by an individual The following provisions addressing acts of terrorism or individuals as part of an effort to coerce the apply with respect to this excess insurance : civilian population of the United States or to A . The following exclusion is added : influence the policy or affect the conduct of the United States Government by coercion . This insurance does not apply to : C . The terms and limitations of any terrorism TERRORISM exclusion , or the inapplicability or omission of a " Injury or damage " arising , directly or indirectly , terrorism exclusion , do not serve to create out of a " certified act of terrorism" . coverage for " injury or damage" that is otherwise B . The following definition is added : excluded under this Coverage Part . " Certified act of terrorism " means an act that is certified by the Secretary of the Treasury , in accordance with the provisions of the federal Terrorism Risk Insurance Act , to be an act of terrorism pursuant to such Act . The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following : a . The act resulted in insured losses in excess of $5 million in the aggregate , attributable to all types of insurance subject to the Terrorism Risk Insurance Act ; and CX 21 33 01 15 © Insurance Services Office , Inc. , 2015 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U . S . TREASURY DEPARTMENT ' S OFFICE OF FOREIGN ASSETS CONTROL ( " OFAC " ) ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy . You should read your policy and review your Declarations page for complete information on the coverages you are provided . This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC . Please read this Notice carefully . The Office of Foreign Assets Control ( OFAC) administers and enforces sanctions policy , based on Presidential declarations of " national emergency" . OFAC has identified and listed numerous : • Foreign agents ; • Front organizations ; • Terrorists ; • Terrorist organizations ; and • Narcotics traffickers ; as "Specially Designated Nationals and Blocked Persons " . This list can be located on the United States Treasury' s web site — http//www. treas . gov/ofac . In accordance with OFAC regulations , if it is determined that you or any other insured , or any person or entity claiming the benefits of this insurance has violated U . S . sanctions law or is a Specially Designated National and Blocked Person , as identified by OFAC , this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC . When an insurance policy is considered to be such a blocked or frozen contract , no payments nor premium refunds may be made without authorization from OFAC . Other limitations on the premiums and payments also apply . NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY , ALTER , WAIVE OR EXTEND ANY OF THE TERMS , CONDITIONS , OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED . ALL OTHER TERMS , CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED . UC 00 04 02 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE NOTICE This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2 . Exclusions of Section I — Coverages : Perfluorinated Compounds ( PFCs ) Exclusion Insurance provided under this Coverage Part does not apply to " injury or damage" arising out Perfluorinated Compounds including , but not limited to , losses , costs or expenses related to , arising from , or associated with clean- up , remediation , containment , removal or abatement , caused directly or indirectly , in whole or in pad , by Perfluorinated Compounds (PFCs) , in whole or pad , listed as part of State or Federal guidance or regulations , and county , state , or federal directives requiring PFCs to be investigated or cleaned up including , but not limited to , perfluoroalkyl substances (PFAS or any PFAS , PFOS and PFOA- related products and chemicals) , including any constituents of, additives to , or daughter or degradation by- products thereof. ALL OTHER TERMS , CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED . UX 00 39 02 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE NOTICE This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2 . Exclusions of Section I — Coverages : Dam Failure Endorsement Arising out of the rupture , busting , over-topping , flooding , cracking , seepage , under-seepage , accidental discharge or partial or complete structural failure of any dam ; Dam means any artificial barrier, together with appurtenant works , which does or may impound or dived water ALL OTHER TERMS , CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED . UX 00 39 02 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART Information about service of suits upon the company is given below . Service of process of suits against the company may be made upon the following person , or another person the company may designate : Claims Contact: James Damonte Phone : 972-532- 0797 Email : .damonte@uplandcapqroup . com The person named above is authorized and directed to accept service of process on the company's behalf in any action , suit or proceeding instituted against the company . If the insured is domiciled in the United States , the company will submit to the jurisdiction of any U . S . court of competent jurisdiction . The company will accept the final decision of that court or any Appellate Court in the event of an appeal . Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence 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 . The law of some jurisdictions of the United States of America require that the Superintendent , Commissioner or Director of Insurance (or their successor in office) be designated as the company's agent for service of process . In these jurisdictions , the company designates the Director of Insurance as the company's true and lawful attorney upon whom service of process on the company's behalf may be made . The company also authorizes the Director of Insurance to mail process received on the company's behalf to the company person named above . If the insured is domiciled in Canada , the company will submit to the jurisdiction of any Canadian court of competent jurisdiction . The company will accept the final decision of that court or any appellate court in the event of an appeal . Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters ' rights to commence an action in any Court of competent jurisdiction in Canada , to remove an action to a Canadian federal court , or to seek a transfer of a case to another court as permitted by the laws of Canada or of any province in Canada . The insured may also serve suit upon the company by serving the government official designated by the law of the insured 's province . NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER , WAIVE OR EXTEND ANY OF THE TERMS , CONDITIONS , OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED . ALL OTHER TERMS , CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED . UC 00 02 02 21 POLICY NUMBER : USXPE0076922 COMMERCIAL EXCESS LIABILITY CX 27 00 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING CLAIMS - MADE COVERAGE This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Retroactive Date : See Attached Schedule of Retroactive Dates Information required to complete this Schedule , if not shown above , will be shown in the Declarations . If any "controlling underlying insurance" is written on a A claim for damages for such " injury or claims - made basis , the following applies to the damage" must be first made against the insurance provided by this Coverage Pad which is insured during this policy period or any excess over that underlying insurance : extended reporting period provided under A . Paragraph 1 . c . under Section I — Coverages is this Coverage Pad . A claim will be replaced by the following : considered first made under this Coverage Pad : c . If the " controlling underlying insurance" requires , for a particular claim , that the ( 1 ) When notice of such claim is received " injury or damage " occur on or after the and recorded by any insured, or by us , Retroactive Date shown in the Declarations whichever comes first , if the controlling of that insurance in order for that coverage underlying insurance" is written on a to apply , then this insurance will only apply claims- made and recorded basis ; or to that " injury or damage" which occurs on ( 2) When notice of such claim , after being or after the Retroactive Date shown in the received by any insured , is reported to Schedule of this endorsement but before us in writing , if the " controlling the end of the policy period of this underlying insurance" is written on any Coverage Part . If the " controlling underlying other claims- made basis . insurance" requires , for a particular claim , B . The following is added to Section II — Limits Of that the " event" causing the particular Insurance : " injury or damage " takes place on or after the Retroactive Date shown in the The " retained limit" will only be reduced or Declarations of that insurance in order for exhausted by payments made for: that coverage to apply , then this insurance ( 1 ) Claims made during the policy period or will apply to the claim only if the " event" any Extended Reporting Period of this causing that " injury or damage" takes place Coverage Pad ; or on or after the Retroactive Date shown in ( 2) Defense expenses if the limits of the Schedule of this endorsement but " controlling underlying insurance" are before the end of the policy period of this reduced by defense expenses for that Coverage Part . insurance . CX 27 00 12 19 © Insurance Services Office , Inc . , 2018 Page 1 of 2 C . The following section is added : 4. You must give us a written request for the Claims-made Extended Reporting Period Extended Reporting Period endorsement under this Coverage Part no later than the time 1 . Any provisions under the " controlling allowed to purchase such endorsement under u nderlying insurance " relating to an Extended the "controlling underlying insurance " . The Reporting Period for which a separate premium Extended Reporting Period will not go into charge is made do not apply to this insurance , effect unless you pay the additional premium u nless an Extended Reporting Period is promptly when due . purchased under this insurance . 5 . We will determine the additional premium in 2 . An Extended Reporting Period , consistent with accordance with our rules and rates . In doing the terms , conditions and duration of any so , we may take into account the following : Extended Reporting Period available in a . The exposures insured ; accordance with the terms of any " controlling p u nderlying insurance" , will be available for this b . Previous types and amounts of insurance ; Coverage Part by endorsement , for an c . Limits of Insurance available under this additional charge , if: Policy for future payment of damages ; and a . This Policy is cancelled or not renewed ; or d . Other related factors . b. This Policy is renewed or replaced with 6 . If the provisions of the Extended Reporting insurance that : Period in any " controlling underlying insurance " ( 1 ) Has a Retroactive Date later than the provide for supplemental aggregate limits of date shown in the Schedule of this insurance when the Extended Reporting Period endorsement ; or is purchased , a supplementary aggregate limit (2 ) Does not apply to " injury or damage " on of insurance , equal to the Aggregate Limit a claims- made basis . shown in the Declarations of this Coverage Part , will apply to claims first made during the 3. If this Policy and the "controlling underlying Extended Reporting Period if the Extended insurance" are cancelled or not renewed and Reporting Period is purchased for this an Extended Reporting Period has been insurance . provided under the " controlling underlying insurance" , then an Extended Reporting Period will be available for this Coverage Part . The Extended Reporting Period available under this Coverage Part will be consistent with the terms , conditions and duration of any Extended Reporting Period provided in accordance with the terms of the " controlling underlying insurance" . Page 2 of 2 © Insurance Services Office , Inc. , 2018 CX 27 00 12 19 SCHEDULE OF RETROACTIVE DATES COUNTY RETROACTIVE DATE Alamosa July 1 , 1986 Archuleta July 1 , 1986 Baca July 1 , 1986 Bent July 1 , 1986 . Chaffee July 1 , 1986 . Cheyenne February 16 , 1987 Clear Creek July 1 , 1986 Conejos July 1 , 1986 Costilla la July 1 , 1986 Crowley July 1 , 1986 Custer July 1 , 1986 Delta July 1 , 1988 Dolores July 1 , 1986 Elbert July 1 , 1986 Fremont July 1 , 1987 Garfield July 1 , 1986 Gilpin July 1 , 1986 Grand July 1 , 1987 Gunnison July 1 , 1986 Hinsdale July 1 , 1986 Huerfano July 1 , 1986 Jackson July 1 , 1986 Kiowa July 1 , 1986 Kit Carson July 1 , 1986 Lake April 1 , 1987 LaPlata July 1 , 1986 Las Animas July 1 , 1986 Lincoln July 1 , 1986 Logan July 1 , 1986 Mineral July 1 , 1986 Moffat July 1 , 1986 Montrose July 1 , 1987 Morgan July 1 , 1986 COUNTY RETROACTIVE DATE Otero July 1 , 1986 Ouray July 1 , 1986 Park July 1 , 1986 Phillips July 1 , 1986 Prowers July 1 , 1986 Pueblo July 1 , 1986 Rio Blanco July 1 , 1986 Rio Grande July 1 , 1986 Routt July 1 , 1986 Saguache July 1 , 1986 San Juan July 1 , 1986 San Miguel July 1 , 1986 Sedgwick Jury 1 , 1986 Summit July 1 , 1986 Teller July 1 , 1986 Washington July 1 , 1986 Weld January 15, 1986 Yuma July 1 , 1986 COMMERCIAL EXCESS LIABILITY CX 02 07 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following : COMMERCIAL EXCESS LIABILITY COVERAGE PART A. Paragraph 5 . b. of the Cancellation Provisions of C . Paragraph 13 . When We Do Not Renew of Sec - Section III — Conditions is replaced by the follow- tion III — Conditions is replaced by the following : ing : NONRENEWAL b . If this policy has been in effect for less than 60 If we decide not to renew this policy , we will mail days , we may cancel this policy by mailing or through first- class mail to the first Named Insured delivering to the first Named Insured written shown in the Declarations written notice of the notice of cancellation at least : nonrenewal at least 45 days before the expiration 1 . 10 days before the effective date of cancel- date , or its anniversary date if it is a policy written lation if we cancel for nonpayment of pre- for a term of more than one year or with no fixed mium ; or expiration date . 2 . 30 days before the effective date of cancel- If notice is mailed , proof of mailing will be sufficient lation if we cancel for any other reason . proof of notice . B . The following is added to Paragraph 5 . Cancella- D . Increase In Premium Or Decrease In Coverage tion of Section III — Conditions : We will not increase the premium unilaterally or g . Cancellation Of Policies In Effect For 60 decrease the coverage benefits on renewal of this Days Or More policy unless we mail through first- class mail writ- If this policy has been in effect for 60 days or ten notice of our intention , including the actual rea- more , or is a renewal of a policy we issued , we son , to the first Named Insured 's last mailing ad - may cancel this policy by mailing through first- dress known to us , at least 45 days before the ef- class mail to the first Named Insured written fective date . notice of cancellation : Any decrease in coverage during the policy term 1 . Including the actual reason , at least 10 must be based on one or more of the following days before the effective date of cancella - reasons : tion , if we cancel for nonpayment of pre- 1 . Nonpayment of premium ; mium ; or 2 . A false statement knowingly made by the in - 2 . At least 45 days before the effective date of sured on the application for insurance ; or cancellation if we cancel for any other rea - 3 . A substantial change in the exposure or risk son . other than that indicated in the application and We may only cancel this policy based on one underwritten as of the effective date of the pol - or more of the following reasons : icy unless the first Named Insured has notified 1 . Nonpayment of premium ; us of the change and we accept such change . 2 . A false statement knowingly made by the If notice is mailed , proof of mailing will be sufficient insured on the application for insurance ; or proof of notice . 3 . A substantial change in the exposure or risk other than that indicated in the application and underwritten as of the effective date of the policy unless the first Named Insured has notified us of the change and we ac- cept such change . CX 02 07 09 08 © ISO Properties , Inc . , 2007 Page 1 of 1 O SIGNATURE PAGE IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its Chief Executive Officer and Chief Underwriting Officer and countersigned where required by law on the Declarations page by its duly authorized representative . Todd C. Hart James A. Damonte Chief Executive Officer Chief Underwriting Officer UC 00 07 02 21 Hello