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Home My WebLink About000355.tiff BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS-AROUND TITLE : 23-24 Weld County Housing Authority Board E & O Liability Insurance Rene\ DEPARTMENT: Human Resource DATE : 7/31 /2023 PERSON REQUESTING : Michelle Raimer Brief description of the problem /issue : The County's prior Housing Authority Board Errors & Omissions General Liability insurance provider E- Risk/Scottsdale non-renewed due to underwriting guidelines . The broker, AJG , completed a full makreting campagin to secure recommended alternative with Kinsale Insurance at a total annual premium of $ 10 , 579 . 13 . Although this is nearly an $8000 increase in the premium , the broker warrants accepting this competitive quote as Kinsale provides similar coverage and the best current market pricing . Housing authorities are seen as extremely high risk in the marketplace . What options exist for the Board ? (include consequences , impacts , costs , etc. of options) : Binding with the broker's recommendation or not binding and risking an uninsured loss . l I. Recommendation : Bind with Kinsale per AJG 's broker recommendation . Approve Schedule Recommendation Work Session Other/Comments: Perry L . Buck , Pro-Ternfit? Mike Freeman , Chair Scott K. James i ► I Kevin D. Ross I� f Lori Saine et: lattitA- 0 ; PI (se Bye& ,02 - 023 i _ Karla Ford From: Lori Same, , Sent. Tuesday,August 1,2023 245 PM To: Karla Ford Subject. RE Please Reply-Pass Around for Weld County Housing Authority Board Liability Insurance Renewal Is it chairs prerogative to sign?If so,yes Or does it need to be on the agenda for a vote first? Lori Same Weld County Commissioner,District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone 970-400-4205 Fax 970-336-7233 Email Isame@weldgov coin Website www co weld co us In God We Trust Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it'is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From:Karla Ford<kford@weld gov> Sent•Tuesday,August 1,2023 2'39 PM To.Lori Same<Isaine@weld gov> Subject.RE Please Reply-Pass Around for Weld County Housing Authority Board Liability Insurance Renewal Usually they don't do a PA,but I think they are trying to be sure you all have seen it 1 I Cal Gallagher Insurance I Risk Management Consulting July 28 , 2023 Michelle Raimer Weld County Housing Authority PO Box 758 1150 "O" Street Greeley , CO 80631 Re: 22 -23 D&O 8/01 /2023 Dear Michelle : Your 22-23 D&O Renewal policy will be renewing shortly . Attached is our quotation for coverage . There are limited markets for the type of risk and exposure that your business presents . We have searched the marketplace and have obtained renewal options from these markets . We are not aware of any changes in your exposures to loss , nor are we aware of any changes in your business operations that would necessitate additional coverage options . Please notify us immediately if you are planning any new business operations . We would like to outline the following notable points for your consideration : • Any entity not named in this proposal , may not be an insured entity . This may include affiliates , subsidiaries , LLC ' s , partnerships and joint ventures . • The insurance carrier is Kinsale Insurance Company. • The renewal premium is $ 10 , 579 . 13 . You will receive an invoice from our office at time of binding . • The premium is subject to 25% minimum earned premium . • The premium is based upon Financials and is subject to annual audit. • Defense costs are limited and included within the policy limits . There is a $50 , 000 . 00 sub-limit for defense costs for claims seeking non-monetary relief • Significant policy exclusions include but are not limited to the following : Class Action , Terrorism , Sexual Abues and Molestation , Communicable Disease , • The policy is claims-made and contains the following restrictions and claims reporting requirements : 1 . Retroactive Date : 08/01 /2023 2 . Definition of claim : Refer to the Policy Form 3 . Incident or Claim Reporting Provision : Refer to the Policy Form • Immediately report all claims to : • Kinsale Insurance • 2035 Maywill Street, Suite 100 Richmond , VA 23230 (804) 289- 1300 www. kinsaleins . com . • Gallagher is responsible for the placement of the following lines of coverage : It is understood that any other type of exposure/coverage is either self-insured or placed by another brokerage firm other ti?an Gallagher. If you need help in placing other lines of coveragd or covering other types of exposures , please contact your Gallagher representative 6i 2023 Aiihur 1. Cialiagtwr & Co. C)' Gallagher Insurance Risk Management Consulting • It is recommended that you consider purchasing coverage for the following coverages, which are not included in your insurance program : Internet Liability Foreign Liability To renew this policy , please refer to the 'Client Authorization to Bind Coverage' page attached . 1 . Note any changes you desire to be made . 2 . Date and sign . 3 . Return prior to the effective date of coverage . We appreciate your business and look forward to working with you in the coming year. Please contact me if you have any questions. Sincerely , Noelle Dia k Noelle Diak Client Service Manager Enclosure 2 O 2023 Arthur J.Waging & CO- { Compensation Disclosure Schedule Gallagher U S Wholesaler, owned MGA,or Estimated Wholesaler, Intermediary Annual Comm%or MGA or Name Premium Fee Intermediary Coverage(s) Carrier Name(s) 1 2 3 22-23 D&O Scottsdale Indemnity RPS $10,579 13 10% 5% Renewal Company i 1 We were able to obtain more advantageous terms and conditions for you through an intermediary/ wholesaler 2 If the premium is shown as an indication The premium indicated is an estimate provided by the market The actual premium and acceptance of the coverage requested will be determined by the market after a thorough review of the completed application 3 The commission rate is a percentage of annual premium excluding taxes&fees << Fl li, Important Disclosures IMPORTANT The proposal and/or any executive summaries outline certain terms and conditions of the insurance proposed by the insurers,based on the information provided by your company The insurance policies themselves must be read to fully understand the terms,coverages,exclusions,limitations and/or conditions of the actual policy contract of insurance Policy forms will be made available upon request We make no warranties with respect to policy limits or coverage considerations of the carrier TRIA/TRIPRA Disclaimer—If this proposal contains options to purchase TRIA/TRIPRA coverage,the proposed TRIA/TRIPRA program may not cover all terrorism losses While the amendments to TRIA eliminated the distinction between foreign and domestic acts of terrorism,a number of lines of coverage excluded under the amendments passed in 2005 remain excluded including commercial automobile,burglary and theft insurance,surety insurance,farm owners multiple perils and professional liability(although directors and officers liability is specifically included)If such excluded coverages are required,we recommend that you consider purchasing a separate terrorism policy Please note that a separate terrorism policy for these excluded coverages may be necessary to satisfy loan covenants or other contractual obligations TRIPRA includes a$100 billion cap on insurers'aggregate liability TRIPRA is set to expire on December 31,2027 There is no certainty of extension,thus the coverage provided by your insurers may or may not extend beyond December 31,2027 In the event you have loan covenants or other contractual obligations requiring that TRIA/TRIPRA be maintained throughout the duration of your policy period,we recommend that a separate"Stand Alone"terrorism policy be purchased to satisfy those obligations Terms and Conditions It is important that we clearly outline the nature of our mutual relationship The following terms and conditions(these"Terms") govern your relationship with Gallagher unless you have separately entered into a written services agreement with Gallagher relative to the policies and services outlined in this Proposal,in which case that services agreement will govern and control with respect to any conflicts with these Terms These Terms will become effective upon your execution of the Client Authorization to Bind Coverage(the"CAB")included in this Proposal and shall survive for the duration of your relationship with Gallagher relative to the policies placed pursuant to the CAB or otherwise at your request Services Gallagher will represent and assist you in all discussions and transactions with insurance companies relating to the lines of insurance coverage set forth in the CAB and any other lines of insurance coverage with which you request Gallagher's assistance Gallagher will consult with you regarding any matters involving these or other coverages for which you have engaged Gallagher You have the sole discretion for approving any insurance policies placed,as well as all other material decisions involving your risk management,risk transfer and/or loss prevention needs Although you are responsible for notifying applicable insurance companies directly in connection with any claims,demands, suits,notices of potential claims or any other matters as required by the terms and conditions of your policies,Gallagher will assist you in determining applicable claim reporting requirements Treatment of Information Gallagher understands the need to protect the confidentiality and security of your confidential and sensitive information and strives to comply with applicable data privacy and security laws Your confidential and sensitive information will be protected by Gallagher and only used to perform services for you,provided that Gallagher may disclose and transfer your information to our affiliates,agents or vendors that have a need to know such information in connection with the provision of such services(including insurance markets,as necessary,for marketing,quoting,placing and/or servicing insurance coverages) We may also disclose such information as required by applicable data protection laws or the order of any court or tribunal, subject to our providing you with prior notice as permitted by law it 1AH will(i)implement appropriate administrative,physical and tecI;rhi6al safeguards to protect personal information,(n)timely ,, I deport security incidents involving personal information to affected darttes and/or regulatory bodies,(iii)create and maintain, required policies and procedures,and(iv)comply with data subjects'rights,as applicable To the extent applicable under associated data protection laws,you are a"business"or"controller"and Gallagher is a"service provider"or"data processor" You will ensure that any information provided to Gallagher has been provided with any required notices and that you have obtained all required consents,if any and where required,or are otherwise authonzed to transfer all information to Gallagher and enable Gallagher to process the information for the purposes described in this Proposal and as set forth in Gallaher's Privacy Policy located at httos//www aio com/pnvacv-policv/Gallagher may update its Privacy Policy from time to time and any updates will be posted to such site Dispute Resolution Gallagher does not expect that it will ever have a formal dispute with any of its clients However,in the event that one should arise,we should each strive to achieve a fair,expedient and efficient resolution and we'd like to clearly outline the resolution process A If the parties have a dispute regarding Gallagher's services or the relationship governed by this Proposal("Dispute"), each party agrees to resolve that Dispute by mediation If mediation fails to resolve the Dispute,you and Gallagher agree to binding arbitration Each party waives all rights to commence litigation in court to resolve a Dispute,and specifically waives all rights to pursue relief by class action or mass action in court or through arbitration However,the parties do not waive the ability to seek a court order of injunction in aid of the mediation and arbitration required by these Terms B The party asserting a Dispute must provide a written notice("Notice")of the claim to the other party and to the American Arbitration Association("AAA")in accordance with its Commercial Arbitration Rules and Mediation Procedures All Dispute resolutions will take place in Chicago,IL,unless you and Gallagher agree to another location The parties will equally divide all costs of the mediation and arbitration proceedings and will each pay their own attorneys'fees All matters will be before a neutral,impartial and disinterested mediator or arbitrator(s)that have at least 20 years' experience in commercial and insurance coverage disputes C Mediation will occur within sixty(60)days of filing the Notice with the AAA Mediation results will be reduced to a memorandum of understanding signed by you,Gallagher and the mediator A Dispute that is not resolved in mediation will commence to binding arbitration For Disputes in excess of$500,000,either party may elect to have the Dispute heard by a panel of three(3)arbitrators The award of the arbitrator(s)must be accompanied by a reasoned opinion prepared and signed by the arbitrator(s) Except as may be required by law,neither you,Gallagher,nor a mediator or arbitrator may disclose the existence,content or results of any Dispute or its dispute resolution proceeding without the prior written consent of both you and Gallagher Electronic Delivery In lieu of receiving documents in paper format,you agree,to the fullest extent permitted by law,to accept electronic delivery of any documents that Gallagher may be required to deliver to you(including,but not limited to,insurance policies and endorsements,account statements and all other agreements,forms and communications)in connection with services provided by Gallagher Electronic delivery of a document to you may be made via electronic mail or by other electronic means,including posting documents to a secure website Miscellaneous Terms Gallagher is engaged to perform services as an independent contractor and not as your employee or agent,and Gallagher will not be operating in a fiduciary capacity Where applicable,insurance coverage placements and other services may require the payment of federal excise taxes, surplus lines taxes,stamping or other fees to the Internal Revenue Service,various State(s)departments of revenue,state regulators,boards or associations In such cases,you will be responsible for the payment of the taxes and/or fees,which Gallagher will separately identify on related invoices The Proposal and these Terms are governed by the laws of the State of Illinois,without regard to its conflict of law rules If an arbitrator/court of competent jurisdiction determines that any provision of these Terms is void or unenforceable,that provision will be severe,and the arbitrator/court will replace it with a valid and enforcp ble provision that most closely approximates the1onginp'ntent,and the remainder of these Terms will remain in effebt l I'� Except to the extent in conflict with a services agreement that you may enter into with Gallagher,these Terms and the remainder of the Proposal constitute the entire agreement between you and Gallagher with respect to the subject matter of the Proposal,and supersede all prior negotiations,agreements and understandings as to such matters Compensation Disclosure 1 Gallagher Companies are primarily compensated from the usual and customary commissions,fees or,where permitted,a combination of both,for brokerage and servicing of insurance policies,annuity contracts,guarantee contracts and surety bonds(collectively"insurance coverages")handled for a client's account,which may vary based on market conditions and the insurance product placed for the client 2 In placing,renewing,consulting on or servicing your insurance coverages,Gallagher companies may participate in contingent and supplemental commission arrangements with intermediaries and insurance companies that provide for additional compensation if certain underwriting,profitability,volume or retention goals are achieved Such goals are typically based on the total amount of certain insurance coverages placed by Gallagher with the insurance company,not on an individual policy basis As a result,Gallagher may be considered to have an incentive to place your insurance coverages with a particular insurance company if you do not wish to have your commercial insurance placement included in consideration for additional compensation,contact your producer or service team for an Opt-out form 3 Gallagher Companies may receive investment income on fiduciary funds temporarily held by them,or from obtaining or generating premium finance quotes,unless prohibited by law 4 Gallagher Companies may also access or have an ownership interest in other facilities,including wholesalers, reinsurance intermediaries,captive managers,underwriting managers and others that act as intermediaries for both Gallagher and other brokers in the insurance marketplace some of which may earn and retain customary brokerage commission and fees for their work If you have specific questions about any compensation received by Gallagher and its affiliates in relation to your insurance placements,please contact your Gallagher representative for more details ,! Ili Market Review We approached the following carriers in an effort to provide the most comprehensive and cost effective insurance program . Line of Insurance Company ** (AM Best r Market Admitted *** Coverage Rate/Financial Strength) Response * Non- Profit D&O Scottsdale Indemnity Company - A Quoted Non-Admitted Liability If shown as an indication , the actual premium and acceptance of the coverage requested will be determined by the market after a thorough review of the completed application _ **Gallagher companies use AM Best rated insurers and the rating listed above was verified on the date the proposal document was created . Best's Credit RatingsT"^ reproduced herein appear under license from AM Best and do not constitute , either expressly or impliedly , an endorsement of Gallagher's service or its recommendations . AM Best is not responsible for transcription errors made in presenting Best's Credit Ratings TM . Best's Credit Ratings TM are proprietary and may not be reproduced or distributed without the express written permission of AM Best. A Best's Financial Strength Rating is an independent opinion of an insurer' s financial strength and ability to meet its ongoing insurance policy and contract obligations . It is not a warranty of a company's financial strength and ability to meet its obligations to policyholders Best's Credit RatingsTM are under continuous review and subject to change and/or affirmation . For the latest Best's Credit Ratings TM and Guide to Best ' s Credit Ratings , visit the AM Best website at http://wvvw. ambest. com/ratings/. ***If coverage placed with a non -admitted carrier, it is doing business in the state as a surplus lines or non-admitted carrier, and is neither subject to the same regulations as an admitted carrier nor do they participate in any state insurance guarantee fund . Gallagher companies make no representations and warranties concerning the solvency of any carrier, nor does it make any representation or warranty concerning the rating of the carrier which may change. I I � ► ; i • Weld County Housing Authority Client Authorization to Bind Coverage After careful consideration of Gallagher's Proposal dated July 28, 2023, you accept the following coverage(s ) Please check the desired coverage(s) and note any coverage amendments below: COVERAGE/CARRIER i 9 it Accept O Reject Directors and Officer Liability Kinsale Insurance Company ❑ Accept ❑ Reject Not included Additional Recommended Coverages Gallagher recommends that you purchase the following additional coverages for which you have exposure . By checking the box(es) below, you are requesting that Gallagher provide you with a Proposal for this coverage . By not requesting a Proposal for this coverage , you assume the risk of any uncovered loss . ❑ Cyber Liability Li Flood The above coverage(s) does not necessarily represent the entirety of available insurance products . If you are interested in pursuing additional coverages other than those listed in the Additional Recommended Coverages; please list below: Other Services to Consider By checking the box( es) below, you are requesting that Gallagher provide you with additional information for the following services* ❑ Gallagher STEP ❑ eRiskHub Coverage Amendments and Notes : ' 1 s , , Exposures and Values You confirm the payroll, values , schedules , and any other information pertaining to your operations, and submitted to the underwriters , were compiled from information provided by you If no updates were provided to Gallagher, the values, exposures and operations used were based on the expiring policies . You acknowledge it is your responsibility to notify Gallagher of any material change in your operations or exposures Additional Terms and Disclosures Gallagher is not an expert in all aspects of your business Gallagher's Proposals for insurance are based upon the information concerning your business that was provided to Gallagher by you Gallagher expects the information you provide is true , correct and complete in all material respects. Gallagher assumes no responsibility to independently investigate the risks that may be facing your business , but rather have relied upon the information you provide to Gallagher in making our insurance Proposals . Gallagher's liability to you arising from any of Gallagher's acts or omissions will not exceed $20 million in the aggregate . The parties each will only be liable for actual damages incurred by the other party, and will not be liable for any indirect , special , exemplary, consequential , reliance or punitive damages No claim or cause of action , regardless of form (tort, contract, statutory. or otherwise) , arising out of, relating to or in any way connected with the Proposal , any of Gallagher's services or your relationship with Gallagher may be brought by either party any later than two (2 ) years after the accrual of the claim or cause of action Gallagher has established security controls to protect Client confidential information from unauthorized use or disclosure For additional information , please review Gallagher's Privacy Policy located at https : //www. aig com/privacy-policy/. You have read . understand and agree that the information contained in the Proposal and all documents attached to and incorporated into the Proposal , is correct and has been disclosed to you prior to authorizing Gallagher to bind coverage and/or provide services to you By signing below, or authorizing Gallagher to bind your insurance coverage through email when allowed , you acknowledge you have reviewed and agree with terms , conditions and disclosures contained in the Proposal By M3/4 Print Name (Specify Title) Weld, Ca overnrvt�f Company Signature Date J1 ' 3l - 262. 3 l t 1• $ I 11/4 KINSALE INSURANCE Insurance quote presented to : Risk Placement Services - Los Angeles , CA Maria Sandman For Weld County Housing Authority Proposed policy period 08/01 /2023 - 08/01 /2024 BY Steven Trotter , Underwriter - Public Entity 07/27/2023 NO FLAT CANCELLATIONS ONCE COVERAGE IS BOUND Kinsale Insurance Company P .O. Box 17008 Richmond , VA 23226 Phone (804) 289 -1300 Fax (804) 673-5697 www. kinsaleins . com Page 1 of 4 Kinsale Insurance Company A M Best Company Rating A(Excellent) Financial Size Category X Risk Placement Services-Los Angeles,CA-Maria Sandman QUOTE RE Weld County Housing Authority Submission#04110414 1150 O Street Quote Letter#14458974 Greeley,CO 80631 Quote Date 07/27/2023 We are pleased to offer the following quote This quote is valid until 08/01/2023 unless extended and agreed to in writing by us Please read carefully as the terms and conditions of coverage may differ from those requested THIS IS NOT A BINDER OF INSURANCE Company Kinsale Insurance Company Policy Term 08/01/2023-08/01/2024 1 Coverage Form Public Entity Liability-Claims Made and Reported Retro Date 08/01/2011 Limits Each Claim $1,000,000 Aggregate Limit $1,000,000 Deductible Each Claim Deductible $25,000 Premium $10,221 Company Fees $50 Total Due at Inception *$10,271 "Add 3%CO SLT Minimum Earned Premium 25 00% Minimum Deposit Premium 100 00% Company Fees are fully earned Premium is 100 00%minimum and deposit Taxes,fees and surcharges are the responsibility of the broker Class Description Public Officials Liability This quote is subject to the specified conditions and may be withdrawn at any time prior to acceptance and in no event will it remain open beyond the quote expiration date unless extended by us in writing Changes in classifications, operations,exposure or risk specific information require notification to us and may result in changes to this quote Coverage may not be bound without written confirmation from us Once bound,coverage may not be cancelled flat and the minimum earned premium will apply Page 2 of 4 , Policy Terms and Conditions - please review policy for complete details Quote Options - Optional premiums below are in addition to the Total Due at Inception amount shown above . Contingencies : This Quote is subject to our receipt and acceptance of the following items : 1 ) Five year Public Officials & EPL loss runs valued within 30 day period prior to effective date . 2 ) Completed , currently signed and dated Kinsale Public Entity Liability new business application (within 30 day period prior to effective date ) . 3 ) Copy of the Applicant' s current operating budget for the next 12 months . Contingency items must be submitted to a Kinsale Underwriter for favorable review prior to a bind request to confirm this quote remains valid . Quote subject to revision or withdrawal pending final review . Comments : Prior & Pending Litigation Date is 8/ 1 /2023 This policy includes a $50 , 000 sub-limit for defense costs for claims seeking non - monetary relief. Please see the policy for complete details . Contact Information : Steven Trotter Underwriter - Public Entity Policy Form and Endorsements : Applicable to mandatory and included coverage options . See above endorsement number references for OPTIONAL coverage forms and endorsements. P UBGEN1000-0517 - Declarations - Public Liability Policy ADF9013-0323 - Notice - Where To Report A Claim ADF4001 -0110 - Schedule of Forms P UBCOV0001 - 1217 - Public Liability - Public Entity Liability Coverage Section P UBGEN0001 - 1217 - Public Liability Policy P UBCOV2007- 1217 - Amended Definition of " Public Entity" (Weld County Housing Authority ) P UBCOV3002- 1217 - Exclusion - Land Use Planning and Zoning P UBGEN3001 -0621 - Exclusion - Class Action P UBGEN3003-0517 - Exclusion of Other Acts of Terrorism ; Exclusion of Punitive Damages and NBCR Related Terrorism ; Cap on Losses from Certified Acts of Terrorism P UBGEN3005-0821 - Exclusion - Sexual Abuse And Molestation P UBGEN3006-0821 - Exclusion - Communicable Disease ADF9010-0321 - Notice of Terrorism Insurance Coverage IL0985- 1220 - Disclosure Pursuant to Terrorism Risk Insurance Act ADF9004-0110 - Signature Endorsement ADF9009-0110 - U . S . Treasury Department's Office of Foreign Assets Control ( OFAC ) Advisory Notice to Policyholders Page 3of4 If quoted on a clams-made and reported coverage form THE COVERAGE REQUIRES THAT A CLAIM AGAINST AN INSURED IS FIRST REPORTED TO AN INSURED CLAIM REPRESENTATIVE DURING THE POLICY PERIOD AND BE REPORTED IN WRITING TO THE COMPANY WITHIN THE POLICY PERIOD OR AN EXTENDED REPORTING PERIOD,IF APPLICABLE PLEASE REFER TO SECTION VI-ADDITIONAL TIME IN WHICH TO REPORT TO THE COMPANY A CLAIM FIRST REPORTED TO AN INSURED CLAIM REPRESENTATIVE AT THE END OF THE POLICY PERIOD For all quotes THE LIMIT OF INSURANCE MAYBE REDUCED BY PAYMENT OF DAMAGES,DEFENSE COSTS AND SUPPLEMENTARY Page 4 of 4 NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the federal Terrorism Risk Insurance Act,as amended("the Act"),the Company must make available insurance coverage for losses arising out of acts of terrorism,as defined in Section 102(1)of the Act This Policy includes such coverage for damages arising out of certified acts of terrorism and is limited by the terms,conditions,exclusions,limits,other provisions of the coverage quote or renewal application/questionnaire to which this offer is attached and by the Policy,any endorsements to the Policy and generally applicable rules of law The term"act of terrorism"means any act that is certified by the Secretary of the Treasury,in consultation with the Secretary of Homeland Security,and the Attorney General of the United States to be an act of terrorism,to be a violent act or an act that is dangerous to human life, property,or infrastructure,to have resulted in damage within the United States,or outside the United States in the case of an air carrier or vessel or the premises of a United States mission,and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion YOU SHOULD KNOW THAT LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM FOR WHICH THIS POLICY PROVIDES COVERAGE MAYBE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW UNDER THE FORMULA, BEGINNING ON JANUARY 1,2020,THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80%OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE _ NO PREMIUM IS CHARGED FOR THIS COVERAGE NOR IS ANY CHARGE MADE FOR THE PORTION OF LOSS THAT MAYBE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT YOU SHOULD ALSO KNOW THAT THE ACT,AS AMENDED,CONTAINSA$100 BILLION CAP THAT LIMITS U S GOVERNMENT REIMBURSEMENT,AS WELL AS INSURERS'LIABILITY FOR LOSSES,RESULTING FROM CERTIFIED"ACTS OF TERRORISM"WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS$100 BILLION IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED$100 BILLION,YOUR COVERAGE MAYBE REDUCED COVERAGE FOR"INSURED LOSSES"AS DEFINED IN THE ACT IS SUBJECT TO THE COVERAGE TERMS,CONDITIONS,AMOUNTS AND LIMITS IN THIS POLICY APPLICABLE TO LOSSES ARISING FROM EVENTS OTHER THAN"ACTS OF TERRORISM" ADF9O1O O321 Page 1 of 1 Ki N SAL F ® Public Entity Liability 1 I N S U R A N C E Public Entity Division Public Entity Liability Features : X Public Entity Liability Policy that includes Employment Practices Coverage (EPL) for most policies; X We will pay for loss that the public entity or any insured person is obligated to pay for a claim for a covered wrongful act; X Definition of Employment Practices Wrongful Act enumerates fifteen ( 15) specifically covered allegations ; ,Y A shared aggregate limit of insurance, with separate aggregate limits available for some policies; X' A sub - limit for defense costs for claims seeking non - monetary relief (amount may vary by policy) ; Claims - Made and reported policy; JL' Duty to defend with consent to settle wording; Definition of insured person includes any lawfully elected or appointed official or employee of the named insured or public entity; X Insured person also includes the lawful spouse or domestic partner of an insured person; The heir, executor, administrator and legal representative of each insured person is also an insured in the event of death , incompetency or bankruptcy of such insured person, but only for their liability arising out of any actual or alleged wrongful act of the insured person ; X Deductible applies to claims and defense costs; X Worldwide coverage territory, provided claims are brought in the United States, its territories or possessions, or Canada ; J►' The public entity may cancel the policy by providing advance written notice; X We may cancel or non - renew with at least 30 days notice prior to the expiration date ( 10 days for non - payment of premium or deductible) ; ,Y Automatic mini - Extended Reporting Period Included ; JL' Optional extended reporting periods of various lengths may be available; X Bi - lateral extended reporting period . This summary does not alter or otherwise impact the insurance policy coverage or provisions issued by Kinsale. This summary is not a representation that coverage does or does not exist for any particular claim or loss under such policy. Coverage depends upon the facts and circumstances involved in the claim or loss and all applicable policy provisions. You must read the insurance policy for complete coverage details. 2035 Maywill Street, Suite 100 - _ Richmond, VA 23230 C;), ' .� � , '-- �-- • • (804) 289 - 1300 seem' .� _ ._pups. . . KINSALE INSURANCE COMPANY 2035 Maywill Street,Suite 100 Richmond,VA 23230 DECLARATIONS-PUBLIC LIABILITY POLICY Policy Number Producer Number Name and Address NAMED INSURED MAILING ADDRESS POLICY PERIOD FROM TO at 12 01 AM at the address of the named insured as shown above PUBLIC LIABILITY COVERAGE SECTION SUMMARY (All dates below apply at 12 01 AM at the address of the named insured) If"NA'appears in the Limits of Insurance Column(s)for any Coverage Section(s)shown below,such Coverage Section was not purchased and no coverage is provided under this Policy with respect to that Coverage Section Coverage Section LIMIT OF LIMIT OF SEPARATE OR DEDUCTIBLE RETROACTIVE PRIOR OR INSURANCE- INSURANCE- SHARED DATE PENDING EACH CLAIM AGGREGATE AGGREGATE LITIGATION LIMITS OF DATE INSURANCE, Public Entity Liability Coverage Section � c Employment Practices Liability Coverage Section TOTAL AGGREGATE LIMIT OF INSURANCE ' a PREMIUM AND COMPANY FEES Premium Company Fee Total(of Premium and Company Fee) _ 'Ty "OPTIONAL EXTENDED REPORTING PERIOD Period(in Months) Percentage of Policy Premium <> <ERP Percentage> See Policy General Terms and Conditions for details ENDORSEMENT Refer to ADF4001,SCHEDULE OF FORMS PUBGEN1000 0517 Page 1 of 1 NOTICE—WHERE TO REPORT A CLAIM It is important that losses,claims,or incidents(if incident reporting is permitted under the Policy)are reported in writing and directly to the Claims Department at Kinsale Insurance Company Reporting losses,claims,or incidents to an insurance agent or broker is not notice to the Kinsale Insurance Company Claims Department Failure to report directly to Kinsale Insurance Company's Claims Department may jeopardize coverage under the Policy The Claims Department can be contacted easily and quickly by e-mail,fax,or U S mail By E-mail.-, ,, Newclaimnotices@kinsalein's com s I v 1-804-482-2762,,Attention Claims Department 4, `or By Mail _ "-Claims Department rLt 72; Kinsale Insurance Company '' P O Box 17008 Richmond,Virginia 23226 Street Address Claims Department Kinsale Insurance Company 2035 Maywill Street,Suite 100 Richmond,Virginia 23230 ADF9013 0323 Page 1 of 1 SCHEDULE OF FORMS AttoehedTh oedFoeoeg Poet of Pa/op Effective Date of Endorsement Named Insured 2 ga k the Named Insured address shown on the Declarations Additional Premium Return Premium % Ze, � /, 4%%`ADF4001 0110 Page 1 of 1 PUBLIC LIABILITY POLICY THIS IS A CLAIMS MADE AND REPORTED POLICY THE COVERAGE REQUIRES THAT A CLAIM BE FIRST MADE AGAINST AN INSURED DURING THE POLICY PERIOD AND BE REPORTED IN WRITING TO THE COMPANY WITHIN THE POLICY PERIOD OR AN EXTENDED REPORTING PERIOD,IF APPLICABLE THE LIMIT OF INSURANCE WILL BE REDUCED BY PAYMENT OF LOSS,INCLUDING DAMAGES AND DEFENSE COSTS PLEASE READ THE ENTIRE POLICY CAREFULLY GENERAL TERMS AND CONDITIONS Various provisions in this Policy restrict coverage Read the entire Policy carefully to determine rights,duties and what is and is not covered In consideration of payment of the premium,in reliance upon all statements made and information furnished to us,including the statements and information provided in the"application"which are made part of this Policy,and subject to all the terms,conditions and limitations of this Policy,its applicable Coverage Sections and its endorsements,we agree with the"insured"as follows A SEVERABILITY OF GENERAL TERMS AND CONDITIONS These General Terms and Conditions apply to each and every Coverage Section of this Policy The terms and conditions of each separate Coverage Section apply only to that'Coverage Section and shall not be construed to apply to any other Coverage Section If any provision in these General Terms and Conditions is inconsistent or in conflict with the terms,conditions and limitations of any Coverage Section,the terms, conditions and limitations of such Coverage Section shall control for purposes of that Coverage Section AS B DEFINITIONS The words"we","us"and"our"refer to the Company providing this insurance Words and phrases that appear in quotation marks are defined below in`thes"e General Terms and Conditions,and that meaning shall apply in any Coverage Section in which these words and phrases appear Words and phrases that appear in quotation marks and are defined in:a,particulai Coverage Section have the meaning set forth in that particular Coverage Section,and that meaning shall apply for purposes of that particular Coverage Section All definitions shall apply,equally to the singular and plural forms of the respective terms { 1 "Application"meansany application,supplemental application or renewal application,and any other information furnished to us for this Policy and for all previous policies issued by us to the"insured" providing uninterrupted-coverage until the effective date of this Policy 2 "Claim"shall have the meaning set forth in the applicable Coverage Section 3 "Damages"shall have the meaning set forth in the applicable Coverage Section 4 "Defense costs"means a Attorneys'fees,expert witness fees and other fees and costs including pre-judgment and post- judgment interest,paid by us or by the"insured"with our prior written consent,in the investigation and defense of a covered"claim", b All other fees,costs and expenses resulting from the investigation,defense,settlement and appeal of a covered"claim"authorized with our prior written consent, c Premiums for bonds required as a result of a covered"claim",including bonds to release attachments,but only for bond amounts not exceeding the applicable Limit of Insurance If we make an offer to pay the applicable Limit of Insurance,we will not pay any pre-judgment interest based on that period of time after the offer Post-judgment interest includes interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid,offered to pay,or deposited in court the part of the judgment that is within the applicable Limit of Insurance "Defense costs"shall not include salaries,wages,benefit expenses or overhead of any of our employees or of any"insured",or any amounts incurred in defense of any"claim"that any other insurer has a duty to defend,regardless of whether or not such other insurer undertakes such duty 5 "Insured"shall have the meaning set forth in the applicable Coverage Section PUBGEN0001 1217 Page 1 of 6 6 "Insured person"shall have the meaning set forth in the applicable Coverage Section 7 "Loss"shall have the meaning set forth in the applicable Coverage Section 8 "Minimum earned premium"means twenty-five percent(25%)of the combined sum of the total policy premium shown on the Declarations and any premium adjustments by endorsement 9 "Named insured"means the entity shown first as NAMED INSURED on the Declarations 10"Public entity"shall have the meaning set forth in the applicable Coverage Section 11"Policy period"means the period shown on the Declarations,unless earlier cancelled 12"Property damage"means physical injury to tangible property,including all resulting loss of use of that property,or loss of use of tangible property that is not physically injured Tangible property includes electronic data which 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 4\ 13"Wrongful act"shall have the meaning set forth in the applicable Coverage Section C LIMITS OF INSURANCE AND DEDUCTIBLES a 1 The LIMITS OF INSURANCE for Each Coverage Sectlon,as ho n on the Declarations are the maximum Limits of Insurance for"claims"as described in each pafticular Coverage Section of this Policy These Limits of Insurance pertain only to the Coverrage Section for which they are shown THE TOTAL AGGREGATE LIMIT OF INSURQNCE'amdunt shown on the Declarations shall be our maximum Limit of Insurance for all"claims"forf'loss"'during the"policy period"under all Coverage Sections Vi" If the Coverage Summary section of`the Declarations shows that the Limits of Insurance for Each Coverage Section are SHARED�`AGGREGATE LIMITS OF INSURANCE,then,subject to the TOTAL AGGREGATE LIMIT OF INSs es4 URANCE ount shown on the Declarations,a reduction in the Limit of ram Insurance applicable fo one_Covero�ge Section will reduce the Limit of Insurance available under any other Coverage Section-j.TS If the Coverage Summajy'section of the Declarations shows that the Limits of Insurance for Each Coverage Section are SEPARATE AGGREGATE LIMITS OF INSURANCE,then a reduction in the Limit of Insurance applicable to one Coverage Section shall not reduce the Limit of Insurance under any other Coverage Section 2 In the event that a"claim"is covered under more than one Coverage Section of this Policy,the maximum limit of insurance for the"claim"shall not exceed the highest LIMIT OF INSURANCE—EACH CLAIM available under any one Coverage Section If two or more insurance policies issued by us or any of our affiliated companies apply to the same "claim",the most we shall be liable for under all such policies is the Limit of Insurance of that policy with the highest applicable Limit of Insurance If the Limit of Insurance on each policy is the same,only one limit will apply This provision will not apply to any insurance policy issued by us or an affiliated company to apply specifically as excess insurance over this Policy All"wrongful acts"that are logically or causally connected by any common fact,circumstance,situation, transaction,event,service,advice or decision will be considered one"wrongful act"All"claims"based upon such logically or causally connected"wrongful acts"shall be deemed to constitute a single"claim" and be subject to a single LIMIT OF INSURANCE—EACH CLAIM 3 Deductible amounts reduce the Limit of Insurance payable under the applicable Coverage Section The application of a Deductible under one Coverage Section shall not reduce the Deductible under any other Coverage Section PUBGEN0001 1217 Page 2 of 6 D TERRITORY This Policy applies to"wrongful acts"of any"insured"anywhere in the world,provided,however,that any such"claim"must be brought in the United States,its territories or possessions,or Canada E WHEN THERE IS A CLAIM The"insured"shall immediately provide us with written notice of any"claim" The"insured"shall immediately provide us with any demands,notices,summons or other documents received in connection with the"claim",authorize us to obtain records and other information,and cooperate with us in the investigation,defense or settlement of the"claim" All"insureds"shall assist us in the enforcement of any right against any person or organization that may be liable to any"insured"because of"loss"to which this insurance may also apply No"insured"will make a payment,accept liability,assume any obligation or incur any expense without first obtaining our approval,except at that"insured's"own cost F AUTOMATIC ADDITIONAL TIME IN WHICH TO REPORT CLAIMS FIRST MADE AT THE END OF THE POLICY PERIOD If a"claim"to which this Policy applies is first made against any"insured"during the last fourteen(14) calendar days of the"policy period",such"claim"will be treated as if,it had been reported to the Company during this"policy period",but only if 1 The"claim"results from a"wrongful act"committed,on or subsequent to the applicable Coverage Section Retroactive Date and before the end of the ipolicy period",and 2 The"insured"demonstrates reasonable effort to'h1ave'reported such"claim"to us,and 3 The"insured"provides us with writtepotice of such"claim"no later than thirty(30)calendar days after the end of the"policy period" '7 .'r 3 This provision does not apply to any"clim',.that is covered in whole or in part under any other insurance, except insurance purchased specifically to`apply as excess over this Policy This applies whether that other insurance is issued by the Company or"'ariy other insurer,and to any"claim"that would be covered by that other insurance but for the`exhaustion'of the limit of insurance or the failure of any"insured"to comply with the terms and conditionsofthat o,ther insurance This provision does not apply flan Optional Extended Reporting Period has been purchased G OPTIONAL EXTENDED REPORTING PERIOD If this Policy is cancelled or is not renewed for reasons other than non-payment of premium or Deductible, non-compliance with this Policy's terms and conditions,or for misrepresentation or fraud,the"named insured"shall have the right to purchase an Optional Extended Reporting Period If this Optional Extended Reporting Period is purchased,the"insured"may report to us a"claim"to which this Policy applies,that is first made against an"insured"during such Optional Extended Reporting Period,but only if such"claim" results from a"wrongful act"committed on or subsequent to the applicable Coverage Section Retroactive Date and before the end of the"policy period" The Optional Extended Reporting Period shall be subject to all the terms and conditions of this Policy The following additional terms and conditions apply to the Optional Extended Reporting Period 1 The"named insured"must provide us a written request for the Optional Extended Reporting Period endorsement and pay any premium due within thirty(30)days after the end of the"policy period"The Optional Extended Reporting Period will not go into effect unless the additional premium is paid promptly when due 2 The Optional Extended Reporting Period is only provided by endorsement for an additional premium computed as a percentage of the combined sum of the policy premium shown on the Declarations and any premium adjustments by endorsement,not including a cancellation endorsement,if applicable 3 The premium for the Optional Extended Reporting Period is deemed fully earned and is non-refundable the first day the Optional Extended Reporting Period is effective Once in effect,the Optional Extended Reporting Period may not be cancelled by any"insured"or us PUBGEN0001 1217 Page 3 of 6 4 The Limit of Insurance for"claims"made during the Optional Extended Reporting Period is considered part of,and not in addition to,the Limit of Insurance for this Policy There shall be no reinstatement of Limits of Insurance under any Optional Extended Reporting Period The fact that the period during which "claims"may be first made and reported to us under this Policy is extended by activation of the Optional Extended Reporting Period does not in any way increase the available Limits of Insurance of this Policy 5 The Optional Extended Reporting Period does not apply to any"claim"that is covered in whole or in part under any other insurance,except insurance purchased specifically to apply as excess over this Policy This applies whether that other insurance is issued by the Company or any other insurer,and to any "claim"that would be covered by that other insurance but for the exhaustion of the limit of insurance or the failure of any"insured"to comply with the terms and conditions of that other insurance H GENERAL CONDITIONS 1 Bankruptcy Bankruptcy or insolvency of any"insured"or of any"insured's"estate will not relieve us of our obligations under this Policy 2 Legal Action Against Us a No action may be brought against us unless there has been full compliance with all of the terms of this Policy and the ultimate amount of the"insur,ed's"responsibility has been finally concluded , either by a trial judgment against the"insureds',or by written agreement with the"insureds",all claimants,and us, E"' b No person or organization has any right undr\t`his Policy to join us as party into any suit to determine the liability of any"insured"�4k"'T°, 3 Representations 1,° By accepting this Policy,the"insureds"agree that a The"application"and all otheninforfn tion and statements provided to us are true,accurate and complete, r b The"application";and all-other information and statements provided to us are representations and warranties made_to us on behalf of all"insureds", c This Policy was issuedf in reliance upon the truth and accuracy of those representations and warranties,and Concealment,misrepresentation or fraud in the procurement of this Policy,which if known by us, would have led us to refuse to enter into this contract at its current terms,conditions or pricing,or to provide coverage for a"claim"hereunder,will be deemed material and this Policy shall be void In such an event,the Company shall have no obligation to return any portion of the premium 4 Subrogation If any"insured"has rights to recover all or part of any"loss"that we paid under this Policy,those rights are transferred to us"Insureds"must do nothing to harm these rights and will cooperate with us to enforce these rights 5 "Named Insured"Responsibilities The"named insured"shall act on behalf of all"insureds"for completing the"application"for this insurance,giving or receiving notice of cancellation or non-renewal,paying premium or receiving unearned premium,paying the Deductible,agreeing to any changes in this Policy,and electing whether or not to purchase the Extended Reporting Period described in item G OPTIONAL EXTENDED REPORTING PERIOD 6 Spousal Extension If a"claim"against an"insured"includes a claim against the lawful spouse or domestic partner of such "insured"solely by reason of(a)such spousal or domestic partner status,or(b)such spouse's or domestic partner's ownership interest in property or assets that are sought as recovery for a"wrongful act",any such"claim"shall be deemed to be a"claim"against an"insured" PUBGEN0001 1217 Page 4 of 6 All terms and conditions of this Policy,including the Deductible,will be applicable to such"claim", provided however that extension of coverage afforded by this Spousal Extension shall not apply to the extent the"claim"alleges any act,error,omission,statement,neglect,or breach of duty by such spouse or domestic partner 7 Cancellation and Non-Renewal a Cancellation 1) The"named insured"may cancel this Policy by mailing or delivering to us advance written notice of cancellation 2) We may cancel this Policy by mailing or delivering to the"named insured"listed first in the Declarations of this Policy,written notice of cancellation at least i Ten(10)days before the effective date of cancellation if we cancel for non-payment of premium or non-payment of Deductible,or n Thirty(30)days before the effective date of cancellation if we cancel for any other reason 3) We will mail or deliver our notice to the"named insured's"last mailing address known to us If notice is mailed,proof of mailing will be sufficient proof of notice 4) Notice of cancellation will state the effective date of cancellation The"policy period"will end on that date 5) If this Policy is cancelled,we will send the"named insured"any refund due If we cancel for reasons other than non-payment of premium;the refundrwill be pro rata If we cancel due to non-payment of premium or if the"named insured"•cancels for any reason,the refund may be less than pro rata and is subject to the"minimum,earned premium" The cancellation will be effective even if we have not made-or offered a'refund b Non-Renewal m P 1) If we elect not to renew this Policy,we,shall mail wntten notice to the"named insured's"last mailing address known to us Such'wrrtten notice of non-renewal shall be mailed at least thirty (30)days prior to the end of=the"policy period" 2) If notice is mailed,proof of mailing will be sufficient proof of notice —� 8 Other Insurance i 11 This Policy shall be excess over any other applicable insurance,deductible or self-insured retention, whether such insurance;deductible or self-insured retention is contributory,excess,primary or otherwise,unless such insurance,deductible or self-insured retention specifically applies in excess of any limit of insurance for this Policy or any Coverage Section 9 Change in Exposure If during the"policy period"the"named insured"ceases operations or legally dissolves its existence, whether willfully or through legal or legislative action,the"named insured"must give written notice of such event to the Company within fifteen(15)days and provide us with all information that we deem necessary and coverage under this Policy will cease with respect to"wrongful acts"after such event After any such event,this Policy may not be cancelled by the"named insured"and the entire premium for this Policy will be deemed fully earned 10 Fraudulent Acts If any"insured"commits fraud in connection with any"claim"submitted to the Company,this insurance shall become void from the date such fraudulent"claim"is submitted In such an event,the Company shall have no obligation to return any portion of the premium 11 Assignment of Interest Limitation Assignment of interest by the"insured"under this Policy shall not bind us unless we agree and endorse the assignment onto this Policy 12 Service of Suit In the event of the failure of the Company to pay any amount claimed to be due under this Policy,the Company will submit to the jurisdiction of any court of competent jurisdiction within the United States of America or Canada All matters arising under this Policy shall be determined in accordance with the choice of law rules 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 PUBGEN0001 1217 Page 5 of 6 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 Service of process in any such suit may be made upon the President and Chief Executive Officer of the Company or his designee at the address shown on the Declarations of this Policy In any suit instituted upon this contract and against the President and Chief Executive Officer of the Company or his designee, the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal The President and Chief Executive Officer of the Company or his designee are authorized and directed to accept service of process Pursuant to any statute of any state,territory or district of the United States of America,the Company designates the Superintendent,Commissioner or Director of Insurance or other officer specified for the purpose in the statute,or his successors in office,as its true and lawful attorney upon whom may be served any lawful process in any action,suit or proceeding instituted by or on behalf of the"insured"or any beneficiary under this Policy arising out of this contract of insurance The Company designates the above-named as the person to whom said officer is authorized to mail such process or a true copy of such process 13 Binding Arbitration } All disputes under this policy shall be subject to bindirrarUitration as follows a All disputes over coverage or any rights afforded'under this Policy,including whether an entity or person is an"insured"or the effect of any applicable statutes or common law upon the contractual obligations owed,shall be submitted toobinding arbitration,which shall be the sole and exclusive means to resolve the dispute Either,party,my initiate the binding arbitration The arbitration forum and process shall'be agreed to by the parties In the event the parties cannot agree on an arbitration forum and process,the matter shall be submitted to the American Arbitration Association The Arbitration>shall}be before a panel of three arbitrators,unless the parties agree to one arbitrator,all of whom-shall Have experience in insurance coverage of the type afforded by this Policy If the parties selec$a panel'of three arbitrators,each party shall select an arbitrator and the chosen a rbitrators•shall select a'third arbitrator The American Arbitration Association shall decide any disputes coIc rnink_fihe selection of the Arbitrators The potential arbitrators from which the arbitrators shall be selected shall not be confined to those provided by the Amencan Arbitration Association Each party shall bear the costs of its arbitrator and shall share equally the costs of the third arbitrator and arbitration process In the event of a single arbitrator,the cost shall be shared equally by the parties The decision of the arbitration is final and binding on the parties b All disputes regarding payment(s)owed under this policy for any deductible or premium,including but not limited to any audit premium,shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the AAA Expedited Procedures This arbitration shall be the sole and exclusive means to resolve the dispute Either party may initiate the binding arbitration Each party will provide relevant documents in support of its position In order to eliminate undue burden and expense,there shall be no other discovery allowed The arbitration will be based solely on the documents submitted by the parties and there shall be no in-person or oral hearing The disputes shall be decided by a single arbitrator The arbitrator's decision shall be accompanied by a reasoned opinion and shall be binding upon all parties Any judgment or award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such judgment or award Each party shall bear its own costs and expenses and an equal share of the arbitrator's fee and any administrative fees associated with the arbitration Except as may be required by law,neither a party nor the arbitrator may disclose the existence,content, or results of any arbitration hereunder without the prior written consent of both parties PUBGEN0001 1217 Page 6 of 6 PUBLIC LIABILITY—PUBLIC ENTITY LIABILITY COVERAGE SECTION SECTION I—COVERAGE A Insuring Agreement 1 We will pay"loss",in excess of the Deductible that any"insured"is legally obligated to pay for a "claim"for a"wrongful act"to which this Policy applies 2 This insurance applies only if a Prior to the effective date of this Policy,no"insured"had knowledge of any"wrongful act"that could reasonably give rise to a"claim"made under this Policy, b No common fact,circumstance,situation,transaction,event,service,advice or decision involved in a"wrongful act"was reported as a"claim"or potential claim under any prior policy,or disclosed in the application for this Policy or any previous policy, c The"claim"is not based on,does not arise out of,directly or indirectly result from or in any way involve any"claim"as of the Prior or Pending Litigation,Date shown in the Declarations for this Coverage Section, d The"claim"is for a"wrongful act"that first took place on or subsequent to the Retroactive Date shown in the Declarations for this Coverage Section and before the end of this"policy period", and e The"claim"is first made against the',msuredT during this"policy period",and is reported to us in writing during this"policy period's or`'within',`an Optional Extended Reporting Period,if applicable B Defense and Settlement 1 We have the right and duty,to defend,th'e"insured"against a covered"claim" However,we have no duty to defend the"insured"against any"claim"to which this insurance does not apply We may,at our discretion,investigatefany potential"claim" 2 We have the right to settle any"claim",whether within or above the Deductible,but we will seek the "insured's"written consent to any settlement If the"insured"refuses to consent to any settlement we recommend that,is acceptable to the claimant,our Limit of Insurance for such"claim"is limited to the amount in excess of the Deductible we would have paid as"damages"had the"insured" consented to settlement at that time,including any"defense costs"incurred up to the date of such refusal to settle 3 The amount we will pay for"loss"is limited to and shall reduce the applicable Limit of Insurance of this Coverage Section Our right and duty to defend or settle ends when we have paid the applicable Limit of Insurance At that time,we shall have the right to withdraw from further participating in any "claim"by tendering control of such"claim"to the"insured",which agrees to accept such tender as a condition of this Policy 4 The amount we will pay for"defense costs"for"claims"seeking solely non-monetary relief is limited to$50,000 in the aggregate for all"claims"first made against the"insured"during this"policy period"and reported to us in writing during this"policy period"This amount shall reduce the applicable Limit of Insurance of this Coverage Section C Multiple Claims All"claims"for"damages"to the same person or entity will be deemed to have been made on the date when the first of all such logically or causally connected"claims"was made against any"insured"All "wrongful'acts"that are logically or causally connected by any common fact,circumstance,situation, transaction,event,service,advice or decision will be considered one"wrongful act"and will be deemed to have taken place at the time the first of these related"wrongful acts"took place All"claims"based upon such logically or causally connected"wrongful acts"shall be deemed to constitute a single"claim" and be subject to a single LIMIT OF INSURANCE—EACH CLAIM PUBCOV0001 1217 Page 1 of 6 SECTION II—DEFINITIONS Defined terms applicable to this Coverage Section are defined below and appear in quotation marks throughout this Coverage Section A "Bodily injury"means emotional distress,disease,physical or mental injury,mental anguish,mental tension,pain and suffering,shock,sickness or death of any person B "Claim"means 1 A written demand for monetary or non-monetary relief, 2 A civil proceeding that is commenced by service of a complaint or similar pleading, 3 A formal administrative or regulatory proceeding commenced by filing of a notice of charges,formal investigative order or similar document, 4 A criminal proceeding that is commenced by a return of an indictment,or 5 A request to toll or waive any statute of limitations prior to the commencement of any potential "claim"as described in 1 through 4 above C "Cyber-attack"means the transmission of fraudulent or unauthorized data that modifies or attempts to modify or,alters,damages,destroys,deletes,records,transmits,`acquires or consumes information within a computer,device,related media,data or system without'authoriiation,including data that is self- replicating or self-propagating,and which causes the disr`uptionaof the normal operation of a computer or device and related media,data or system a t' D "Damages"means any compensatory amount an"insured"is legally obligated to pay fora"claim"to which this Coverage Section applies,includingjud,gments,'"awbPds and settlements E "Employee"means any past,present or future individual employed by and directed by the"named insured"or"public entity",including volunteers and` staff members,whether part-time,full-time,seasonal, or temporary,and"leased employees"tip ) F "Insured"means the"named insured",public entity"and any"insured person" G "Insured person"means any lawfully elected or duly appointed official or"employee"of the"named sured"'or"public entity"while acting for or on behalf of the"named insured"or"public entity" "Insured person"includes the heir,executor,administrator and legal representative of each"insured person",in the event of death,incompetency or bankruptcy of such"insured person",but only for liability arising out of any actual or alleged"wrongful act"of the"insured person" H "Leased employee"means any"employee"who is leased to the"named insured"or"public entity"to perform work for or on behalf of the"named insured"or"public entity"and over whom the"named insured"or"public entity"controls the means and manner of their work "Loss"means"damages"and"defense costs",however,"loss"shall not include 1 Any criminal or civil fine,penalty,tax or sanction of any type against any"insured", 2 Equitable or non-monetary relief, 3 Any matter or amount that is uninsurable by law, 4 Any amount for which the"insured"is absolved from payment, 5 Any sum,amount or payment that constitutes restitution or disgorgement,or 6 Punitive or exemplary damages,or the multiplied amount of any damages J "Personal injury"means injury arising out of the following offenses 1 Oral or written publication of material that slanders or libels a person or organization, 2 Oral or written publication of material that violates a person's right of privacy, 3 False arrest,detention or imprisonment, 4 Wrongful entry into or eviction of a person from a room,dwelling or premises that the person occupies,or 5 Malicious prosecution or abuse of process PUBCOV0001 1217 Page 2 of 6 K "Public entity"means A governmental body,department,unit,district,board or commission directly operated by the"named insured"and expressly included in its annual operating budget,however,"public entity"does not include any of the following unless it is specifically named as a"public entity"by endorsement to this Coverage Section of this Policy 1 School or school district, 2 Hospital,clinic,nursing home,rehabilitation facility,blood bank or other health care facility, 3 Jail or detention facility, 4 Law enforcement agency or firefighting authority, 5 Electric or gas utility, 6 Housing authority, 7 Port authority,or 8 Transit authority L "Wrongful act"means any negligent act,error,omission,misstatement,misleading statement,neglect or breach of duty 1 By the"named insured"or a"public entity" , 2 By an"insured person",but only while acting for the"named insured"or"public entity"and solely by reason of their status with the"named insured"or;'public entity" SECTION III—EXCLUSIONS '.., , 1 This Coverage Section does not apply to any"claim" " k A Based upon,arising out of,or attributable to any actual or alleged contractual liability of the"insured" under any express contract or agreement This exclusion does not apply to the extent that an"insured" would have liability in the absence,of the contract or agreement B Based upon,arising out of or in,ny,way,involving any actual or alleged"bodily injury","property damage" or"personal injury" ,,4 J l , ; J" This exclusion applies to any allegation that an"insured"negligently employed,investigated,supervised or retained a person,or that any actual or alleged practice,custom or policy,including but not limited to the violation of a civil`right,'caused or resulted in"loss"from"bodily injury","property damage"or "personal injury" '.-' C Seeking relief or redress in any form other than monetary damages This exclusion does not apply to "defense costs"for"claims"seeking solely non-monetary relief,subject to the Limitations of SECTION I— COVERAGE,B Defense and Settlement,item 4 D Based upon,arising out of or in any way involving any actual or alleged obligation of any"insured"under any workers'compensation,unemployment insurance,social security,disability benefits or similar law E Based upon,arising out of or in any way involving any actual or alleged violation of the Employee Retirement Income Security Act of 1974,the Fair Labor Standards Act,the National Labor Relations Act, The Workers Adjustment and Retraining Notification Act,the Consolidated Omnibus Budget Reconciliation Act of 1985,the Occupational Safety and Health Act or any similar state or local program or any right to know law established for the health and safety of public employees,or any amendments or any regulation or order issued pursuant to any of these F Based upon,arising out of or in any way involving 1 Any"insured"gaining any profit,advantage or remuneration to which they were not legally entitled, or 2 Any"insured's"criminal act,fraudulent act,dishonest act,or intentional act,error,omission or offense committed with knowledge of its wrongful nature For the purpose of applying this exclusion,the"wrongful act"of any"insured"shall not be imputed to any other"insured" PUBCOV0001 1217 Page 3 of 6 G Based upon,arising out of or in any way involving any sexual harassment H Based upon,arising out of or in any way involving any actual or alleged 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 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 an"insured"or others arising out of any access to or disclosure of any person's or organization's confidential or personal information Based upon,arising out of or in any way involving any actual or alleged discharge,dispersal,seepage, migration,release,degradation or escape of asbestos,lead,mold or"pollutants"at any time,or any request,demand or order that any"insured"test for,monitor,clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to or assess the effects of asbestos,lead,mold or"pollutants",or any "claim"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 asbestos,lead,mold or"pollutants" E� "Pollutants"mean any solid,liquid,gaseous,fuel,lubricant,thermal,acoustic,electrical,or magnetic irritant or contaminant,including but not limited to smoke,,vapor,soot,fumes,fibers,radiation,acid, alkalis,petroleums,chemicals or"waste""Waste"inclddes rtiedicaI waste,biological infectants,and all other materials to be disposed of,recycled,restored,Teconditioned or reclaimed f � � J Based upon,arising out of or in any way involving acny actual or alleged"wrongful acts"of any"insured person"in their capacity as a director,officer,trustee,'regent,governor,member of the board or equivalent position of an entity other than thetJnamed insured"or a"public entity" K Based upon,arising out of or in any way involving any actual or alleged employment related coercion, defamation,demotion,discriminatio`h\discipline or evaluation,failure or refusal to hire or employ, harassment or humiliation,real:sigrimenf,o'r termination of employment or any other employment- related practices,policies,acts,errors lfi°o or omissions JJ L Brought by,on behaf,orforthe benefit of any"insured"against any other"insured" M Based upon,allegingsing ott of or in any way involving an"insured's"performance of or failure to perform professional services as a lawyer,architect,engineer or accountant to any person or entity other than the"named insured"or a"public entity" N Based upon,alleging,arising out of or in any way involving any actual or alleged health care service or treatment,even if the health care service or treatment was not directly rendered by or performed by any "insured",including,but not limited to any 1 Referral to any health care service or provider, 2 Restriction,denial,delay,or termination of a health care service or treatment, 3 Case management or disease management,or 4 Distribution or implementation of practice guidelines or other similar treatment protocols affecting health care service or treatment decisions O Based upon,alleging,arising out of or in any way involving the establishment,operation or maintenance of any of the following boards,commissions,governmental units or departments 1 School or school district, 2 Hospital,clinic,nursing home,rehabilitation facility,blood bank or other health care facility, 3 Jails or detention facility, 4 Law enforcement agency or firefighting authority, 5 Electric or gas utility, 6 Housing authority, 7 Port authority,or 8 Transit authority PUBCOV0001 1217 Page 4 of 6 This exclusion does not apply to any such body,department,unit,district,board or commission named as a"public entity"by endorsement to this Coverage Section of this Policy P Based upon,arising out of or in any way involving any actual or alleged infringement of copyright,patent, trademark,service mark,right of publicity,slogan,trade dress,trade secret or other intellectual property rights,or false advertising,false designation of origin,product disparagement,trade libel,or other causes of action arising out of unfair competition,or violation of any law,statute or ordinance of any federal, state or municipal government or any agencies thereof,including violations of the Lanham Act or other unfair competition statutes Q Based upon,arising out of or in any way involving any actual or alleged anti-trust violation or any other unfair or anti-competitive trade practice R Based upon,arising out of or in any way involving any actual or alleged violation of the Telephone Consumer Protection Act(TCPA),the CAN-SPAM Act of 2003,the Fair Credit Reporting Act(FCRA),the Fair and Accurate Credit Transaction Act(FACTA),the Fair Debt Collection Practices Act(FDCPA)and any amendments to such laws,and including violation of any other statute,ordinance or regulation that limits or prohibits the printing,dissemination,disposal,collecting,recording,transmitting,communicating, sending or distribution of any material or information S Based upon,arising out of or in any way involving any failure or violation of the security of an"insured's" computers or devices,and related media,data or systems including,but not limited to,impaired or denial of access,a"cyber-attack"or any act or failure to act of any'insured" i T Based upon,arising out of or in any way involving the procurement or maintenance of any insurance, surety-ship,or bond,including but not limited t8*-,' 1 Failure to procure or maintain any,insurance;surety-ship,or bond,or 2 Failure to procure or maintain adequate terms,conditions or limits of insurance for any insurance, surety-ship,or bond,or -) 3 Any negligent hiring,training,1supervis'ion,or delegation of duties to any individual responsible for procurement or maintenance of any insurance,surety-ship,or bond The term insurance as used'in-this exclusion includes but is not limited to insurance provided by self- insurance arrangements,-pools,self-insurance trusts,captive insurance companies,risk retention groups, purchasing groups,reciprocal exchanges or any other plan or agreement of risk transfer or assumption U Based upon,arising out of or in any way involving any the failure to pay any bond,interest on any bond, any debt,financial guarantee or debenture ✓ Based upon,arising out of or in any way involving any"insured's"activities as a trustee or fiduciary for 1 Any type of employee benefit plan,including any pension,savings,or profit sharing plan, 2 Any amounts or benefits due under any fringe benefit program,retirement program,incentive program,perquisite program,entitlement program,or 3 Any other benefits owed to any"employee" W Based upon,arising out of or in any way involving 1 Any tax assessment or adjustment, 2 The administration,collection,refund,disbursement,assessment or application of any taxes, 3 Failure to anticipate tax revenue shortfalls,or 4 Any guarantee on bond issues X Based upon,arising out of or in any way involving inverse condemnation,adverse possession,dedication by adverse use or eminent domain Y Based upon,arising out of or in any way involving any planning,construction,maintenance,operation or use of any nuclear reactor,nuclear waste storage or disposal site or any other nuclear facility,the transportation of nuclear material,or any nuclear reaction or radiation,or radioactive contamination, regardless of its cause Z Based upon,arising out of or in any way involving any strike,not or civil commotion PUBCOV0001 1217 Page 5 of 6 AA Based upon,arising out of or in any way involving any costs or lability incurred by any"insured"to provide any reasonable accommodations required by,made as a result of,or to conform with the requirements of,the Americans With Disabilities Act of 1992,as amended,or any similar federal,state or local law,regulation or ordinance,including the modification of any building,property or facility to make it more accessible or accommodating to any disabled person BB Based upon,arising out of or in any way involving any actual or alleged violation of any of the following 1 The Health Insurance Portability and Accountability Act of 1996, 2 The Gramm-Leach-Bliley Act of 1999, 3 The California Security Breach Notification Act, 4 The Family Educational Rights and Privacy Act,or 5 Any other similar local,state,federal statutes or legislation that requires entities to post privacy policies,adopt specific privacy or security controls,or notify individuals in the event that personal information has or may have been compromised SECTION IV—LIMITS OF INSURANCE AND DEDUCTIBLE 'fn\ Regardless of the number of"insureds"or"claims"made our liabllity,is hmiFed as follows A The LIMIT OF INSURANCE—EACH CLAIM shown on the Declarations as applicable to this Coverage Section is our maximum liability for"loss"for each cover "ed m"under this Coverage Section FYclai B The LIMIT OF INSURANCE—AGGREGATE shown on the:DMe larations as applicable to this Coverage Section is our maximum liability for the sum'of all nloss"under this Coverage Section,subject to the LIMIT OF INSURANCE—EACH CLAIM "yi. C Under this Coverage Section we shall`tie liable only for those amounts payable as"loss"incurred in a "claim"or suit which are in excess of the DEDUCTIBLE shown on the Declarations as applicable to this Coverage Section Such Deductible'appliesio"loss"for each"claim"and shall be paid by the"named insured" If we advance pay}mgni of all'or part of the Deductible,the"named insured"shall reimburse us within thirty(30)daysr,of our x quest for reimbursement This Deductible amount reduces the Limit of Insurance payable uriderthis Coverage Section PUBCOV0001 1217 Page 6 of 6 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY AMENDED DEFINITION OF"PUBLIC ENTITY" Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 12 01AM at the Named Insured address shown on the Declarations Additional Premium Return Premium This endorsement modifies insurance under the following PUBLIC LIABILITY-PUBLIC ENTITY LIABILITY COVERAGE SECTION "Public entity" _ SECTION II—DEFINITIONS of this Coverage Section,the definition of%'public entity"is amended by adding the following \ • t• "Public entity"includes the governmental body,department,unit;district?board,or commission named in the above Schedule ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED r rA� 3 ,i PUBCOV2007 1217 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY EXCLUSION-SEXUAL ABUSE AND MOLESTATION Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 12 01AM at the Named Insured address shown on the Declarations Additional Premium Return Premium This endorsement modifies insurance under the following PUBLIC LIABILITY-ALL COVERAGE SECTIONS The following exclusion is added to this Policy and applies to each Coverage,Section of this Policy This Policy does not apply to any"claim" Based upon,arising out of or in any way involving any"sexdal,abuse and molestation",including but not limited to any actual or alleged �"rE`{j 1-41 `a 1 Negligent,reckless,or intentional employment,in estigation,supervision,training,or retention of any person who actually or allegedly committed any fi`syezual abuse and molestation", 2 Practice,policy,or custom,including vition of a civil right,that gave rise to,caused,or resulted in any "sexual abuse and molestation'}, t) 3 Failure to provide an environmeafe fr or warn of the dangers of,or prevent or fail to report to the ex proper authorities,any"sual ab"use and molestation",or 4 Failure to render first aid orhot eer`wise provide assistance to any person following the actual or alleged occurrence of any"sexual abuse and molestation" This exclusion applies to any,'claim"regardless of whether any"sexual abuse or molestation"or threat is the initial precipitating cause or is in any way a cause,and regardless of whether any other actual or alleged cause contributed concurrently,proximately,or in any sequence,including whether any actual or alleged"loss"arises out of a chain of events that includes any"sexual abuse or molestation" "Sexual abuse and molestation"means any actual,attempted or alleged criminal sexual conduct(whether or not consensual)of a person,or persons acting in concert,which causes physical injury,mental injury or both physical and mental injury"Sexual abuse and molestation"includes,without limitation,sexual molestation,sexual assault, sexual exploitation,sexual abuse,or sexual injury ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED PUBGEN3005 0821 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY EXCLUSION-COMMUNICABLE DISEASE Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 12 01AM at the Named Insured address shown on the Declarations Additional Premium Return Premium This endorsement modifies insurance under the following PUBLIC LIABILITY-ALL COVERAGE SECTIONS The following exclusion is added to this Policy and applies to each Coverage Section of this Policy This Policy does not apply to any"claim" Arising directly or indirectly out of,related to,or in any way involving the inhalation of,absorption of,ingestion of, contact with,exposure to,existence of,or presence of any form of communicable disease This exclusion applies,but is not limited to the following 1 Providing or failing to provide any supervisionOnstructions,recommendations,warnings,or advice related to <, � any actual,alleged or threatened inhalation of,ingestion of,contact with,exposure to,existence of,or presence of any communicable disease, ," 2 Failure to provide an environment safe from communicable disease or the actual,alleged or threatened transmission to others, ti 3 The prevention or suppression,or failure to prevent or suppress communicable disease or the actual,alleged, or threatened transmission to others, 4 The reporting or failure to report to the proper authorities, 5 The negligent hiring,employment,training,supervision,or retention of any"insured","employee",agent or other person with respect to 1 through 4 above,or 6 Any"loss",cost or expense arising out of,related to,or in any way involving any"claim",request,or demand that any"insured" a Assess the presence,absence,amount,or effects of any communicable disease,or b Identify,sample,test,monitor,clean up,remove,dispose of,or neutralize the effects of any communicable disease in any building,material,animal,or product,or c Respond to a communicable disease in any manner other than as described in a orb above This exclusion applies regardless of whether communicable disease is the initial precipitating cause or is in any way a cause of injury or damage and regardless of whether any other actual or alleged cause,event,material or product contributed concurrently,proximately,or in any sequence to such injury or damage,including whether any actual or alleged injury or damage arises out of a chain of events that includes communicable disease As used in this exclusion,communicable disease includes,without limitation 1 Any infectious or contagious disease caused by any pathogen including,but not limited to,virus,bacterium, peon,or protozoa or other microorganism, 2 Any sexually transmitted disease,including but not limited to Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus,or exposure to another having the same,or to substances or materials contaminated with the same,or fear of contracting Acquired Immunodeficiency Syndrome,Human PUBGEN3006 0821 Page 1 of 2 Immunodeficiency V!nct,on any other communicable disease,or 3 Anym#nncma or contagious disease transm ete&$rtencwhmae dindm+m2ee mdmkah discharges or by indirect means ALL OTHm TERMS AN Dc NDITIONS OF TH E P0 uO REMAIN UNCHANGED z-� ' �/ j d� %7 zr ; `y ,\41 .\ /? PUBGEN3006 0821 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY EXCLUSION OF OTHER ACTS OF TERRORISM; EXCLUSION OF PUNITIVE DAMAGES AND NBCR RELATED TERRORISM; CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 12 01AM at the Named Insured address shown on the Declarations Additional Premium Return Premium This endorsement modifies insurance provided under the following PUBLIC LIABILITY-ALL COVERAGE SECTIONS A The following exclusions are added to this Policy This insurance does not apply to OTHER ACT OF TERRORISM \ "Loss"resulting from any"claim"based upon,attributable`to,lor arising directly or indirectly out of an"other act of terrorism" However,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(valued in U S dollars)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 purposb'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 7 < 2 Fifty or more persons sustain dea sh or serous 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 In the event of an"other act of terrorism"that is not subject to this exclusion,coverage does not apply to any"loss" resulting from any"claim"that is otherwise excluded under this Policy or below TERRORISM PUNITIVE DAMAGES Punitive damages awarded as a result of"loss"arising directly or indirectly out of any act of terrorism,including but not limited to any"other act of terrorism"or"certified act of terrorism" TERRORISM—NUCLEAR,BIOLOGICAL,CHEMICAL OR RADIOLOGICAL(NBCR) "Loss"arising directly or indirectly out of any act of terrorism,including but not limited to any"other act of terrorism"or "certified act of terrorism"that involves any violent act,including the threat of any activity or preparation for any PUBGEN3003 0517 Page 1 of 2 activity that involves the use,release,dispersal,discharge,escape or application of nuclear materials,or directly results in nuclear reaction or radiation or radioactive contamination,or pathogenic or poisonous biological or chemical materials B The following definitions are added to this Policy 1 "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, b The act resulted in damage (1)Within the United States(including its territories and possessions and Puerto Rico),or (2)Outside of the United States in the case of (a)An air career(as defined in Section 40102 of title 49,United States Code)or United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),regardless of where the loss occurs,or (b)The premises of any United States mission,and c The act is a violent act or an act that is dangerous to human fe pro'perty 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 2 "Other act of terrorism"means a violent act or an act that isciange'rous to human life,property or infrastructure that is committed by an individual or individuals and thatlappears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct ofany government by coercion,and the act is not a "certified act of terrorism" v Multiple incidents of an"other act of terron°sm"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 With respect to any one or more"certified acts ofterronsm",we will not pay any amounts for which we are not responsible under the terms of the federal Terrorism Risk Insurance Act(including subsequent acts of Congress pursuant to the Act)due to the application of any clause which results in a capon our liability for payments for terrorism 'r 4 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED PUBGEN3003 0517 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY EXCLUSION-CLASS ACTION Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 12 01AM at the Named Insured address shown on the Declarations Additional Premium Return Premium This endorsement modifies insurance provided under the following PUBLIC LIABILITY-ALL COVERAGE SECTIONS The following exclusion is added to this Policy and applies to each Coverage Section of this Policy This insurance does not apply to any"claim"brought,in whole or in-part,as or within a"class action"proceeding This exclusion applies to the entire"claim",regardless that any cause of action or allegation,or any portion thereof, included in such"class action"proceeding is brought solely as to an individual or group of individuals that is less than the entire purported class ti "Class action"means any civil action filed under Rule°23 of th'e'Federal Rules of Civil Procedure,or similar state statute or rule of judicial procedure,authorizing an action`to be brought on behalf of a class by one or more representative persons This includes,without limitation,any'claim"'brought under the California Private Attorneys General Act ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED -22 rl PUBGEN3001 0621 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY EXCLUSION-LAND USE PLANNING AND ZONING Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 12 01AM at the Named Insured address shown on the Declarations Additional Premium Return Premium This endorsement modifies insurance under the following PUBLIC LIABILITY-PUBLIC ENTITY LIABILITY COVERAGE SECTION SECTION III—EXCLUSIONS of this Coverage Section is amended by adding t r following exclusion This insurance does not apply to any"claim"based upon,ansing out of or in any way involving any actual or alleged land use planning or municipal zoning ALL OTHER TERMS AND CONDITIONS OF,1. POLICY REMAIN UNCHANGED r l .t. �� ,`L X`➢ art r- PUBCOV3002 1217 Page 1 of 1 NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the federal Terrorism Risk Insurance Act,as amended("the Act"),the Company must make available insurance coverage for losses arising out of acts of terrorism,as defined in Section 102(1)of the Act This Policy includes such coverage for damages arising out of certified acts of terrorism and is limited by the terms,conditions,exclusions,limits,other provisions of the coverage quote or renewal application/questionnaire to which this offer is attached and by the Policy,any endorsements to the Policy and generally applicable rules of law The term"act of terrorism"means any act that is certified by the Secretary of the Treasury,in consultation with the Secretary of Homeland Security,and the Attorney General of the United States to be an act of terrorism,to be a violent act or an act that is dangerous to human life, property,or infrastructure,to have resulted in damage within the United States,or outside the United States in the case of an air carrier or vessel or the premises of a United States mission,and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the,conduct of the United States Government by coercion YOU SHOULD KNOW THAT LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM FOR{WHICH THIS POLICY PROVIDES COVERAGE MAYBE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A'FORMULA ESTABLISHED BY FEDERAL LAW UNDER THE FORMULA, BEGINNING ON JANUARY 1,2020,THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80%OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY,T1iE INSURANCE COMPANY PROVIDING THE COVERAGE 17. NO PREMIUM IS CHARGED FOR THIS COVERAGE NOR IS ANY CHARGE,MADE FOR THE PORTION OF LOSS THAT MAYBE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT / YOU SHOULD ALSO KNOW THAT THE ACT,AS AMENDED,CONTAINS A$100 BILLION CAP THAT LIMITS U S GOVERNMENT REIMBURSEMENT,AS WELL AS INSURERS'LIABILITY FOR LOSSES,RESULTING FROM CERTIFIED"ACTS OF TERRORISM"WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS$100 BILLION IF,THEAGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED$100 BILUON,YOUR COVERAGE MAYBE REDUCED COVERAGE FOR"INSURED LOSSES"AS DEFINED IN THE ACT IS SUBJECT TO THE COVERAGE TERMS,CONDITIONS,AMOUNTS AND LIMITS IN THIS POLICY APPLICABLE TO LOSSES ARISING FROM EVENTS OTHER THAN'ACTS OF TERRORISM" ADF9010 0321 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 12 01AM at the Named Insured address shown on the Declarations Additional Premium Return Premium SCHEDULE SCHEDULE-PART I Terrorism Premium(Certified Acts) I$ This premium is the total Certified Acts premium attributable to the following Coverage Part(s),Coverage Form(s) and/or Policy(ies) Additional information,if any,concerning the terrorism premium L'' " SCHEDULE-,PART II ) 3 \ ` Federal Share of Terrorism Losses if 'I' 80% (Refer to Paragraph B in this endorsement) 1., Information required to complete this Schedule/if not-shown above,will be shown in the Declarations i A Disclosure Of Premium 3 C Cap On Insurer Participation In Payment Of In accordance with the federal,'tronsm Risk Terrorism Losses Insurance Act,we are requir S,toT provide you If aggregate insured losses attributable to with a notice disclosing theefportion of your terrorist acts certified under the Terrorism Risk premium, if any, attributable to coverage for Insurance Act exceed$100 billion in a calendar terrorist acts certified under the Terrorism Risk year and we have met our insurer deductible Insurance Act The portion of your premium under the Terrorism Risk Insurance Act,we shall attributable to such coverage is shown in the not be liable for the payment of any portion of the Schedule of this endorsement or in the policy amount of such losses that exceeds$100 billion, Declarations and in such case insured losses up to that B Disclosure Of Federal Participation In amount are subject to pro rata allocation in Payment Of Terrorism Losses accordance with procedures established by the Secretary of the Treasury The United States Government,Department of the Treasury,will pay a share of terrorism losses insured under the federal program The federal share equals a percentage(as shown in Part II of the Schedule of this endorsement or in the policy Declarations)of that portion of the amount of such insured losses that exceeds the applicable insurer retention However,if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed$100 billion in a calendar year,the Treasury shall not make any payment for any portion of the amount of such losses that exceeds$100 billion ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED IL 09 85 12 20 ©Insurance Services Office,Inc,2020 Page 1 of 1 U.S.TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL(OFAC) ADVISORY NOTICE TO POLICYHOLDERS This Notice shall not be construed as part of your policy and no coverage is provided by this 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 your policy provides 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 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 youlor,any other insured,or any person or entity claiming the benefits of this insurance has violated U S sanctions law or,i's 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 and no premium refunds may be made withouPauthonzation from OFAC Other limitations on the premiums and payments also apply r � r I ADF9009 0110 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY SIGNATURE ENDORSEMENT Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 12 01AM at the Named Insured address shown on the Declarations Additional Premium Return Premium This endorsement modifies insurance provided under the following ALL COVERAGE FORMS By signing and delivering this policy to you,we state that A is a valid contract when signed as below by our authored representatives r AS�l so C T SL Secretary i President ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED ADF9004 0110 Page 1 of 1 Hello