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HomeMy WebLinkAbout20260339 Resolution Approve Agreement Concerning Use of Southwest Service Center Pond and Authorize Chair to Sign — North American Model Boating Association, NAMBA District 20 Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, the Board has been presented with an Agreement Concerning Use of the Southwest Service Center Pond between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and North American Model Boating Association, NAMBA District 20, on weekends from 7:00 a.m. to 5:00 p.m., commencing April 1 , 2026, and ending November 30, 2026, with further terms and conditions being as stated in said agreement, and Whereas, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning Use of the Southwest Service Center Pond between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and North American Model Boating Association, NAMBA District 20, be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said agreement. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 18th day of February, A.D., 2026: [Insert Resolution Attestation Block Post Meeting] 2026-0339 BO0028 e - c+l' I03(Z sve Ai' FACILITIES DEPARTMENT 1,..____\ ', lir , �,,_ PHONE: (970)400-2020 ' � FAX: (970)304-6532 r- WEBSITE: www.co.weld.co.us I 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 February 4, 2026 To: Board of County Commissioners From: Patrick O'Neill Subject: North American Model Boating Association, NAMBA District 20—Use Agreement North American Model Boating Association, NAMBA District 20 has historically used the pond at the Southwest Services Center for Model Boat activity each summer. The attached use agreement is for the 2026 season and will allow the boat club to use the pond from 7:00 a.m.through 5:00 p.m. on Saturday's&Sunday's Beginning April 1, 2026 through October 31, 2026. Facilities Department is recommending approval of this agreement. If you have any questions, please contact me at extension 2027. Sincerely, Patrick O'Neill Director 2026-0339 Z/1 C-�0027 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE: NAMBA agreement for the use of the Southwest Service Center pond DEPARTMENT: Facilities DATE: 2.4.2026 PERSON REQUESTING: Patrick O'Neill Brief description of the problem/issue: The North American Model Boating Association has been given the use of the pond at the SW service Center over the past few years. They are again requesting the use of it during the 2026 season. What options exist for the Board? 1.Approve the agreement 2 Do not approve the agreement Consequences: Approving this agreement will continue our established relationship with NAMBA. Impacts: Continued community partnership, Cost(Current Fiscal Year/Ongoing or Subsequent Fiscal Years: There is no cost impact to Weld County. Recommendation: The Facilities Department recommends proceeding with this agreement. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier �'`�6 Kevin D. Ross CJ 1\ AGREEMENT CONCERNING USE OF WELD COUNTY'S SOUTHWEST SERVICE CENTER POND THIS AGREEMENT is made and entered into this (nay of Fe , by and between the County of Weld, a body corporate and politic of the State of Colorado, y and through its Board of County Commissioners, whose address is 1150"0" Street, Greeley, Colorado 80631,hereinafter referred to as "County,"and North American Model Boating Association, NAMBA District 20, whose address is 10455 Panorama Cir, Firestone, CO 80504 hereinafter referred to as "NAMBA." WHEREAS,the County owns the Southwest Service Center pond, hereinafter referred to as"pond", located at 4209 County Road 24 '/2, Firestone, and WHEREAS, NAMBA wishes to use the pond thereon, for model boat activities on Saturdays and/or Sundays from April 2026 through November 2026, pursuant to the terms and conditions contained herein, and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: I. DUTIES AND RESPONSIBILITIES. (a) The County hereby grants to NAMBA permission to use the pond, as governed by the terms and conditions of this agreement, for the sole purpose of model boat activities and related activities, including setting up. (b) NAMBA shall make all arrangements relating to the model boat events and related activities, except those specifically made the responsibility of the County by this agreement. II. TERM. (a) NAMBA shall be permitted to use the pond. April 2026 through November 2026 on Saturdays and/or Sundays from 7:00 a.m. to 5:00 p.m. NAMBA shall notify the following County employee at least 48 hours before the model boat activities take place: Name: Patrick O'Neill Position: Director of Weld County Facilities Department Address: 1105 H Street Greeley, CO 80632 Address: PO Box 758 Greeley, CO 80632 E-mail: poneill@weldgov.com Facsimile: 970-304-6532 (b) Time shall be of the essence of this Agreement, and the time granted for the use of the facility shall include set up, preparation, clean up and the removal of any equipment. Page 1 of 3 Pages 2 OZC49-0S CI The time shall not be extended without written permission of the County, through its County designee, Patrick O'Neill, Director of the Facilities Department(or his successor) for Weld County. III. STAFF AND INVITEES. NAMBA, and guests assisting with activities, shall be responsible for supervising all children, adults, and invitees of NAMBA that will be on the premises and assuring that such persons adhere to all rules and regulations as may be established by the County. Upon the request of the County's designee,NAMBA and other adult personnel, shall immediately remove any such person not adhering to the rules and regulations of the County. IV. CONDITION OF PREMISES. NAMBA agrees to leave the pond and surrounding area in the same condition after the model boat activities as it was at the commencement of the activities, ordinary wear and tear thereof excepted. NAMBA specifically acknowledges that temperatures and wind conditions may enhance fire danger and will ensure that no open fires are utilized. (a) NAMBA agrees that there shall be no more than 30 attendees, including members, supervisors,parents, invitees, or others affiliated with the event. (b) NAMBA will arrange and pay for a portable toilet to use throughout the duration of the event. V. LIABILITY AND INDEMNIFICATION. NAMBA, its group members, supervisors, volunteers,and their parents hereby agree to indemnify and hold harmless the County from any and all rights, actions, claims, demands, liabilities or damages which may accrue against the County or any of its employees or agents for any injuries or damages to persons or property,as well as costs or expenses sustained or received as a result of or in connection with the use or preparation for use of the property for model boating activities. The County specifically disclaims all liability for any loss or theft of personal property of NAMBA, its employees, members, agents, or invitees. VI. INSURANCE. NAMBA must secure, at or before the time of execution of this Agreement or commencement of any activities, the following insurance covering all activities provided pursuant to this Agreement. NAMBA shall keep the required insurance coverage in force at all times during the term of the Agreement,and any extension thereof. The insurance coverage specified in this Agreement are the minimum requirements,and these requirements do not decrease or limit the liability of NAMBA. The County in no way warrants that the minimum limits contained herein are sufficient to protect NAMBA from liabilities that might arise out of the activities by the Contractor, its agents, guests, representatives, and members. General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate. For general liability, NAMBA's insurer shall name County, its elected officers and employees, as additional named insureds. Page 2 of 3 Pages VII. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. VIII. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. IX. ENTIRE AGREEMENT. This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. It is the express intention of the parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. NAMBA by and through: 7/146- Nedeez4.17 02/02/2026 Signature Date Mike Mullarkey, NAMBA D20 Director Printed Name/Title ATTEST: W. 45;e., BOARD OF COUNTY COMMISSIONERS Weld County lerk to the Board WELD COUNTY, COLORADO BY: ltir Deputy Clerk to the Board Scott K James, Chair •o *►1 FEB 1 8 2026 ,,, - , as i ..- • ... ...,..,b. 'l861 ®,S� Page 3 of 3 Pages ZOZ ic•—U339 .�.•+, NAMBINT-01 PPATRA ACORC3 DATE(NMDEOYYYl `,,,�. CERTIFICATE OF LIABILITY INSURANCE 12116/2025 THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TINS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. j IMPORTANT: If the certificate holder is an ADDITIONAL INSURED.the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRaoucER License#696868 CONTACT Jordan Dillon : ..NNE: HUB International Mountain States Limited 1 PRONE Fax 2703 Connery Way ..Ic, 406)303-6083 I ,tml{446) 542-5647 Missoula,MT 59808 Jordan.dillon@hubInternational.com IN SURERI SI AFFORDING COVERAGE NASC II INSURER:. Travelers Property Casualty Company of America 25674 INSURED INi,JRER E. Namba International �INSJRER C North American Model Boat Assoc. 162 Avenida Chapala iiNiURER q: San Marcos,CA 92069 IN iU RE R E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ------------------ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION AND CONDITIONS OF SUCH POLICIES.LIMITS SHCYNN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TLTR` TYPE OE INSURANCE POLICY NUMBER ..fEFF EXP 1 UNITS A X COMMERCIAL GENERAL UABILIY EACH CCCURRGNCE S 1,000,000 CIS [ X I QCCUR X 1-660-5864C477-TIL-26 1H12026 1N/2027lENTED ) s 300,000 MED DO'(kwone person) ,S 10,000 PERSONAL&ADV INJURY S "M ON CENT.AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S X PDUcy 0 214. E LOC PROOUCTS COMP DP AGO S o0OA00 OTHER S COAUTOMOBILE LIABILITY I SINamides* GLE Rhin $ ANY A'JTO EicOtiY INJURY Meet person./ $ OWNED '—' SCHEDULED AUTOS ONLY _ AUTOS ©ODtLY INAIRY{Pet az,derxi I MIRED NM-WINED �PQFrRTY DAMAGE . AUTOS ONLY — AUTOS ONLY I-er.xianN _... S S A UMBRELLA LIAa X OCCUR EACH rerURRENCE _. S 000,0001 X ExcEsauAs CLAIMS MAC X CUP-04 Y458-26 42 1M12026 41112027 AGGREGATE: s DED I X_ URETENTIONS 0 S �_""S ABIL(rY ,YIN 'VA PERTitTGe,-._ OTkb OFPCE A EXCLUDED?ANY 7(£CUTNE f!1 N/A E.i.EACNACCIDENT 14A ( „E.L.DISEASE EA EMPLOYEE S If yyeess,,describe under ��DESCRIPTION Or OPERATIONS beiow E.L.DISEASE POLICY LIMIT $ • DE SCRIPT1ON OF OPERATIONS 7 LOCATIONS 7'VEHICLE S(ACORD 101,.additional Remark,Schedule nay be attacheo 1r ncre apace la required General Liability:CG 01 86 02 19 XTEND Endorsement and CG DO 86 11 03 HIRED AND NONOWNED AUTO EXCESS LIABILITY ENDORSEMENT Umbrella Liability:EU 00 01 07 16 EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE Site: South West Weld County Services Pond,4205 County Road 24 1:2 Longmont,Colorado 80504 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld CountyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1105 H Street Greeley.CO 80632-0000 AUTHORIZED REPRESENTATNE ACORD 26(20163) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT I his endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE-This endorsement broadens coveraile., 114Viever.coverage for any irsury. damage or medical expenses described In any of the proveskins of this endorsement May be excluded or hy another endorsement to this Coverage Pan, arid these coverage broadening proAsions do not apply le the extent that coverage is excluded or limited by such an endorsement. The folowing listing is a general coverage descrlpikin only. Head all the provisions of this endorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered A. Who Is An Insured-Unnamed Subsidiaries G. Blanket Additional Insured-Mortgagees, EL Who Is An Insured- Employees And Volunteer Assignees, Succes sets Or Receivers Workers-Bodily Injury To Co-Employees And H. Blanket Additional Insured-Governmental Co-Volunteer Workers Entities-Permits Or Authorizations Relating To C. Who Is An Insured-Newly Acquired Or Formed Premises Limited Liabil rty Cten ponies I. Blanket Additional Insured- Governmental Entities-Permits Or Authorizations Relating To D. Blanket Additional Insured-Persons or Organizations For Your Ongoing Operaeuns As Operations Required By Written Contract Dr Agreement J. Blanket Additional insured-Grantors Of E. Blanket Additional Insured-Broad Form franchises Vendors K. incidental Medical Maipractice F. Blanket Additiorial Insurer] Controlling intevest L Nankai Waiver Of Subrogation PROVISIONS For purposes of Paragraph 1. of Section II-Who A. WHO IS AN INSURED - UNNAMED is An Insured. each such subsidiary voll be SUBSIDIARIES deemed to bt,designated in the Declarations as: The following Is added to SECTION -WHO IS a. A Ornite.d liabikly company: AN INSURED: b. An crganizaticn other than a partnership,joird Any of your subeirilarles, other than a partnership venture or limited liability company'or or ioint venture, that Is not shown as a Named Insured in the Dedaradons Is a Named insured If: e. A trust, a You are the sole owner of, or maintain an as Indicated to its name or the docurrienis that ownership Interest of more than 50% in, such govern its structure subsidiary on the lirst day of the policy period; B. WHO IS AN INSURED - EMPLOYEES AND and VOLUNTEER WORKERS-BODILY INJURY TO b. Such subsidiary Is not an insured under CO-EMPLOYEES AND CO-VOLUNTEER similar other Insurance. WORKERS No such subsidiary is an Insured for iredily Injury' The following is added le 1'arraph 24141) of or"property damage' that occurred, or 'personal SECTION II-WHO IS AN INSURED: mid advertising blurr caused by an offense Paragraphs (10).(b) and(c)above do riot apply committee to "bodily injury' to a cre'employee" while In the a. Before you maintained an ownership interest course of the co-"empioyeet" employment by yes of more than 50% Ili such subsidiary; or or perearming duties related to the conduct of your b. ARV the date. If any,during the policy period business, or to 'bodily Injury" to your other that you oo longer maintain an ownership I'volueteer work " while perkerning duties interest of more than 50% in such subsidiary. Waled to the conduct of your business. CG D1 Ile 02 19 c)2ot 7 The ire Inocinnity remnant.AI'Oh remernie Page 10(5 Inc-Lades col:10;00W evertor or Incur e Son/ice-5 Office,Inc.wits, pennissien, COMMERCIAL GENERAL LIABILITY C. WHO IS AN INSURED - NEWLY ACQUIRED E. BLANKET ADDITIONAL INSURED - BROAD OR FORMED LIMITED LIABt1JTY COMPANIES FORM VENDORS 1. The fallowing replaces the first sentence of The following is added to SECTION II-WHO IS Paragraph 3. of SECTION II - WHO IS AN AN INSURED: INSURED: My person or organization that is a vendor and Any organization you newly acquire or farm, that you have agreed In a written contract or other than a partnership or joint venture, and agreement to include as an additional insured on of which you are the sole owner or in which this Coverage Part is an insured. but only wish you maintain an ownership Interest of more respect to liability for 'bodily injury" or "property than 50%. will qualify as a Named Insured if damage"that there is no other similar insurance available to a. Occurs subsequent to the signing of that that organization. contract or agreement:and 2. The following replaces the last sentence of b. ,uses out of "your products' that are Paragraph 3. of SECTION II - WHO IS AN distributed or sold in the regular course of INSURED: such vendor's business. For the purposes of Paragraph 1. of Section 0 The insurance provided to such vendor is subject -Who Is An Insured, each such organrzation to the following provisions: will be deemed to be designated in the Declarations as; a. The limits of Insurance provided to such a. A limited liabl earn vendor will be the minimum limits that you y company. agreed to provide in the written contract or b. An organization other than a partnership, agreement. or the limits shown in the joint venture or limited liability company; Declarations,whidrewer are less. or b. The insurance provided to such vendor does c. A trust; not apply to: as indicated in Its name or the documents (1) Any express warranty not authorized by that govern Its structure. you or any dlstrbution or sale for a D. BLANKET ADDITIONAL INSURED-PERSONS purpose not authorized by you, OR ORGANIZATIONS FOR YOUR ONGOING (2) Any change in "your products' made by OPERATIONS AS REQUIRED BY WRITTEN such vendor, CONTRACT OR AGREEMENT The following is added to SECTION ll-WHO l5 (3) Repackaging, unless unpacked solely for the purpose of Ind, demonstration, INSURED:AN testing. or the substitution of parts under My person or organization that is not otherwise Instructions from the manufacturer. and an insured under this Coverage Pat and that you then repackaged in the original container; have agreed In a written contract or agreement to (4) My failure to make such Inspections, include as an additional insured on this Coverage Part is an insured.but only wkh respect to liability vvendors ntg testsa or servicing as for'bodily injury"or"property damage'that undertake agree to perform or normally to perform In the regular a. Occurs subsequent to the signing of that course at business,in connection wdh the contract or agreement and distribution or sale of"your products'; b. is caused. in whole or in part.by your acts or (5) Demonstration. Installation, servicing or omissions In the performance of your ongoing repair operations, except such operations operations to which that contract or pied at such vendor's premises In agreement applies or the acts or omissions of connection with the sale of 'your any person or organization performing such products";or operations on your behalf provided to such insured (6) 'Your products" that, after distribution or The limits of insurance Pro sat by you, have been labeled or will be the minimum limits that you agreed to relabeled or used as a container, part or provide in the written contract or agreement. or Ingredient of any other thing or substance the limits shown in the Declarations, whichever try or on behalf of such vendor. are less. Page 2 of 5 0 20.1 7 the Travelers Inelerrinliy Company.Al ripfks resened. CG D1 86 0219 includes copyrighted molehill of Insurance Services O%ce,Inc...wIh its permission COMMERCIAL GENERAL LIABILITY Coverage under this provision does nd apply to: b. Arises out of the ownership, maintenance or a. My person a organization from wham you use of the premises fa which that mortgagee, have acquired "your products", or any assignee, successor or receiver is required ingredient. part or container en eying Into. under that contract or agreement to be accompanying or containing such products: included as an additional insured on this orCoverage Part. b. My vendor for which coverage as an The Insurance provided to such mortgagee. additional insured specifically is scheduled by assignee, successor or receiver Is subject to the following provisions: endorsement F. BLANKET ADDITIONAL INSURED - a. The limits of insurance provided to such CONTROLLING INTEREST mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to 1. The following is added to SECTION II -WHO provide in the written contract or agreement, IS AN INSURED: or the limits shown in the Declarations, My person or organization that has financial whit ever are less. control of you is an insured with respect to b. The insurance provided to such person or liability for "bodily Injury", "property damage" organization does not apply to: or"personal and advertising injury"that arises (1) My "bodily Injury or "property damage" out of: that occurs, or any "personal and a. S•ieh financial control;or advertising injury' caused by an offense b. Such persons or organization's that Is committed, after such contract or ownership, maintenance or use of agreement is no longer In effect or premises leased to or occupied by you, (2) My 'bodily injury, "property damage' or The insurance provided to such person or "per and advertising injury" arising organization does not apply to structural out of any structural alterations, new alterations, new construction or demolition construction or demolition operations operations performed by or on behalf of such performed by or on behalf of such person or organization. mortgagee, assignee, successor or 2. The following is added to Paragraph 4. of receiver, SECTION II-WHO IS AN INSURED: H. BLANKET ADDITIONAL. INSURED - This paragraph does not apply to any GOVERNMENTAL ENTITIES - PERMITS OR premises owner. manager or lessor that has AUTHORIZATIONS RELATING TO PREMISES financial control of you the following Is added to SECTION II-WHO IS G. BLANKET ADDITIONAL INSURED - AN INSURED: MORTGAGEES, ASSIGNEES, SUCCESSORS Any governmental entity that has issued a permit OR RECEIVERS or authorization with respect to premises owned The following is added to SECTION II - WHO IS or occupied try. or rented or loaned to, you and AN INSURED: that you are required by any ordinance. law, Any person or organization that is a mortgagee, building code or written contract or agreement to assignee, successor or receiver and that you include as an additional insured on this Coverage have agreed in a written contract or agreement to Part is an insured,but only with respect to lability include as an additional insured on this Coverage for"bodily injury","property damage" or'personal Part is an insured, but only with respect to its and advertising Injury° arising out of the liability as mortgagee. assignee, successor or existence, ownership, use, maintenance. repair, receiver for "bodily injury, "property damage' or construction, erection or removal of any of the "personal and advertising Injury"that following for which that governmental entity has a. Is °bodily Injury' or 'property damage" that issued such permit or authorization: advertising occurs. or is"personal and advertising injury" signs, awnings, canopies. cellar entrances. coal caused by an offense that is committed, holes. driveways, manholes, marquees. hoist subsequent to the signing of that contract or away openings, sidewalk vaults, elevators, street agreement;and banners or decorations. CG D1 86 02 19 0 7017 the Trawlers IndemalbiCampay,Al risOits reserved. Page 3 of 5 Induces copyrighted rrwlerird of N+eurrnoi Services Olke,Inc.Wei its permrsslon COMMERCIAL GENERAL LIABILITY I. BLANKET ADDITIONAL INSURED - 2. -Fhe following replaces the last paragraph of GOVERNMENTAL ENTITIES - PERMITS OR Paragraph 2.a..(1) of SECTION II - WHO IS AUTHORIZATIONS RELATING TO OPERATIONS AN INSURED, the following is added to SECTION II - WHO IS Unless you are In the business or occupation AN INSURED: of providing professional health care services, Any governmental entity that has issued a permit Paragraphs (1Ka), (b). (c) and (d) above do or authorization with respect to operations not apply to "bodily Injury' arising out of performed by you or on your behalf and that you providing or falling to provide: are required by any ordinance,law, building code (a) incidental medical servkes" by any of or written contract or agreement to include as an your *employees" who is a nurse, nurse additional insured on this Coverage Part is an assistant, emergency medical technician, insured,but only with respect to liability for"bodily paramedk. athletic trainer. audiologist, iniury". "property damage" or 'personal and dietician, nutritionist, occupational advertising injury' arising out of such operations therapist or occupational therapy The insurance provided to such governmental assistant, physical therapist or speedy- entity does not apply to: language pathologist; or a. Any "bodily injury". 'property damage" or (b) First aid or"Good Samaritan services"by "personal and advertising Injury' arising out of any of your 'employees' or "volunteer operations performed for the governmental workers", other than an employed or entity:or volunteer doctor. Any such "employees' b. Any "bodily injury" or 'property damage' or "volunteer workers" providing or failing included in the sproducts-compieted to provide Nrst aid or "Good Samaritan operations hazard. services" during their work hours for you J. BLANKET ADDITIONAL INSURED - will be deemed to be acting within the GRANTORS OF FRANCHISES scope of their employment by you or performing duties related to the conduct The following is added to SECTION II -WHO IS AN INSURED: of your business. 3. The following replaces the last sentence of My person or organization that grants a franchise Paragraph 5. of SECTION III - UMITS OF to you is an insured, but only with respect to liability for "bodily injury', "property damage' or INSURANCE: 'personal and advertising iniury" arising out of For the purposes of determining the your operations In the franchise granted by that applicable Each Occurrence Limit all related person or organization. acts Of omissions committed in providing or If a written contract or agreement exists between failing to provide 'incidental medical you and such additional insured, the limits of services", first aid or 'Good Samaritan insurance provided to such insured will be the services"to any one person voll be deemed to minimum limits that you agreed to provide in the be one"occunrence", written contract or agreement, or the limits shown in the Declarations,whichever are less. 4. The following exclusion is added to Paragraph 2.. Exclusions. of SECTION I - K. INCIDENTAL MEDICAL MALPRACTICE COVERAGES - COVERAGE A - BODILY 1. The following replaces Paragraph b. of the INJURY AND PROPERTY DAMAGE definition of "occurrence" in the LIABILITY DEFINITIONS Section: Sale Of Pharmaceuticals b. An act or omission committed in providing or tailing to provide 'incidental medical "Bodily Injury or "property damage" xising services". first aid or "Good Samaritan out of the violation of a penal statute or services' to a person, unless you are in ordinance relating to the sale of the business or occupation of providing pharmaceuticals committed by, or with the professional health care services knowledge or consent of, the insured. Page 4 of 5 0 2017 The Travelers Indemnity Comp.iny,M righb resaved CG D1 86 02 19 Includes copyrighted reateffial of Insirance See/ices Office.Inc_eeth its permission COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS to any person to the extent not subject to Section; Paragraph 2.a.(1) of Section II — Who Is An 'Incidental medical services' means: Insured. a. Medical, surgical,dental,laboratory,x-ray L. BLANKET WAIVER OF SUBROGATION or nursing service or treatment.advice or The following is added to Paragraph 8.,Transfer instruction, or the related furnishing of Of Rights Of Recovery Against Others To Us, food or beverages;or of SECTION IV — COMMERCIAL GENERAL b. The furnishing or dispensing of drugs or LIABILITY CONDITIONS: medical, dental, or surgical supplies or tl the insured has agreed in a contract or appliances. agreement to waive that nsured's right of 6. The following is added to Paragraph 4,b., recovery against any person or organization, we Excess Insurance, of SECTION IV — waive our right of recovery against such person or COMMERCIAL GENERAL UABIUTY organization, but only for payments we make CONDITIONS: because of This insurance Is excess over any valid and a. "Bodily injury" or "property damage` that collectible other insurance, whether primary, occurs;or excess,contingent or on any other basis, that b. 'Personal and advertising injuy caused by is available to any of your "employees" for an offense that is committed; 'bodily Injury that arises out of providing or subsequent to the execution of the contract or failing to provide Incidental medical services" agreement. CG 01 06 02 1$ 0 2017 Thu Traveling therm*Compngt,Al Vie reterwd Page 5 of 5 Includes cop/righted rrsokrrlaldinsurance SatVICe101ka,ire wMh its p.e son IMBRLI_L EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE THIS POLICY, INPART, PROVIDES FOLLOW-FORM LIABILITY COVERAGE. COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN FOLLOWING CLAIMS-MADE UNDERLYING INSURANCE. COVERAGE WILL APPLY ON A DEFENSE-WITHIN-LIMITS BASIS WHEN FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING INSURANCE, PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY. PLEASE READ THE ENTIRE POLICY CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you"and"your"refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy.The words"we". "us"and"our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II — WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI — DEFINITIONS. SECTION I—COVERAGES provisions to the contrary contained in this A. COVERAGE A — EXCESS FOLLOW-FORM insurance. LIABILITY 3. The amount we will pay for damages is limited as described in SECTION III — LIMITS OF 1. We will pay on behalf of the insured those INSURANCE sums, in excess of the "applicable underlying limit", that the insured becomes legally 4. for the purposes of Paragraph 1.above: obligated to pay as damages to which a. The applicable limit of insurance stated Coverage A of this insurance applies, provided for the policies of "underlying insurance" that the "underlying insurance" would apply to in the Schedule Of Underlying Insurance such damages but for the exhaustion of its will be considered to be reduced or applicable limits of insurance. If a subliimit is exhausted only by the following specified in any "underlying insurance", payments: Coverage A of this insurance applies to (1) Payments of judgments or damages that are in excess of that sublimit only settlements for damages that are if such sublimit is shown for that "underlying covered by that "underlying insurance" in the Schedule Of Underlying insurance". However, if such Insurance. "underlying insurance" has a policy e A of this insurance is subject to the period which differs from the policy 2. Coverage le period of this Excess Follow-Form same terms, conditions, agreements, And Umbrella Liability insurance, any exclusions and definitions as the "underlying such payments for damages that insurance", except with respect to any would not be covered by this Excess Follow-Form And Umbrella Liability EU 00 01 07 16 0 2016 TM Travelers Indemnity Company.All rights reserved. Page 1 of 22 UMBRELLA Insurance because of its different policy date provision, the retroactive date for period will not reduce or exhaust the Coverage A of this insurance is the same as applicable limit of Insurance stated for the retroactive date of that "underlying such"underlying insurance"; insurance". (2) Payments of "medical expenses" that B. COVERAGE B—UMBRELLA LIABILITY are covered by that "underlying We will pay on behalf of the insured those insurance" and are incurred for "bodily sums in excess of the "self-insured retention" injury"caused by an accident that takes that the insured becomes legally obligated to place during the policy period of this pay as damages because of "bodily injury". Excess Follow-Form And Umbrella "property damage", "personal injury" or Liability Insurance: or "advertising injury" to which Coverage B of (3) Payments of defense expenses that this insurance applies. are covered by that "underlying 2. Coverage B of this insurance applies to insurance", only if such "underlying "bodily injury"or"property damage"only if: insurance" includes such payments within the limits of insurance. However, a. The"bodily injury"or"property damage" is if such "underlying insurance" has a caused by an "occurrence" that takes policy period which differs from the place anywhere in the world; policy period of this Excess Follow- b. The "bodily injury" or "property damage" Form And Umbrella Liability Insurance, occurs during the policy period: and any such payments for defense c. Prior to the policy period, no insured listed expenses that would not be covered by under Paragraph 1. in Paragraph B.. this Excess Follow-Form And Umbrella COVERAGE B — UMBRELLA Liability Insurance because of its LIABILITY, of SECTION iI— WHO IS AN different policy period will not reduce or INSURED and no "employee" authorized exhaust the applicable limit of by you to give or receive notice of an insurance stated for such "underlying "occurrence" or claim, knew that the insurance". "bodily injury" or "property damage" had If the applicable limit of insurance stated for occurred, in whole or in part. if such a the policies of "underlying insurance" in the listed insured or authorized "employee" Schedule Of Underlying Insurance is knew, prior to the policy period, that the actually reduced or exhausted by other "bodily injury" or "property damage" payments, Coverage A of this insurance is occurred, in whole or in part, then any not invalidated. However, in the event of a continuation, change or resumption of loss, we will pay only to the extent that we such "bodily Injury" or "property damage" would have paid had such limit not been during or after the policy period will be actually reduced or exhausted by such deemed to have been known prior to the other payments. policy period. b. If any "underlying insurance" has a limit of 3. Coverage B of this insurance applies to insurance greater than the amount shown "personal injury" or"advertising injury' caused for that insurance in the Schedule of by an offense arising out of your business, but Underlying Insurance, this insurance will only if the offense was committed during the apply in excess of that greater amount. If policy period anywhere in the world. any "underlying insurance" has a limit of 4. The amount we will pay for damages is limited insurance, prior to any reduction or as described in SECTION III — LIMITS OF exhaustion by payment of damages, INSURANCE. "medical expenses" or defense expenses described in Paragraph a. above. that is S. "Bodily injury"or"property damage": less than the amount shown for that a. Which occurs during the policy period; and insurance in the Schedule Of Underlying b. Which was not prior to, but was during, the Insurance, this insurance will apply in policy period known to have occurred by excess of the amount shown for such any insured listed under Paragraph 1. in insurance in the Schedule Of Underlying Paragraph B., COVERAGE B — Insurance, UMBRELLA LIABILITY of SECTION II S. When the "underlying insurance" applies on a WHO IS AN INSURED, or any "employee" claims-made basis and includes a retroactive authorized by you to give notice of an "occurrence"or claim: Page 2 of 22 IP 2016 The Travelers Indemnity Company All rights reserved EU 00 01 07 16 UMBRELLA includes any continuation, change or Management Service Expenses Limit has resumption of the "bodily injury" or "property been exhausted.whichever occurs first. damage"after the end of the policy period. 4. The amount we will pay for "crisis 6. "Bodily Injury" or "property damage" will be management service expenses" is limited as deemed to have been known to have occurred described in SECTION IiI — LIMITS OF at the earliest time when any insured listed INSURANCE. under Paragraph 1. in Paragraph B., 5. A "self-insured retention" does not apply to COVERAGE B — UMBRELLA LiABIUTY, of "crisis management service expenses". SECTION iI — WHO iS AN INSURED or any "employee" authorized by you to give or receive 6. Any payment of "crisis management service notice of an""occurrence" or claim: expenses" that we make will not be determinative of our obligations under this a. Reports all, or any part, of the "bodily injury" insurance with respect to any claim or"suit"or or "property damage" to us or any other create any duty to defend or indemnity any insurer; insured for any claim or"suit". b. Receives a written or verbal demand or D. DEFENSE AND SUPPLEMENTARY PAYMENTS Claim far damages because of the "bodily 1 We will have the right and duty to defend the injury"or"property damage"; or insured: c. Becomes aware by any other means that a. Under Coverage A, against a "suit" the"bodily injury"or "property damage" hasseeking damages to which such coverage occurred or has begun to occur. applies, if: 7. Damages because of "bodily injury" include (1) The "applicable underlying limit" is the damages claimed by any person or organization for care, loss of services or death applicable "underlying insurance" resulting at any time from the"bodily injury". a policy of dlimit of insurancestated for ins " in Underlying Schedule Of Underlying 8. Coverage B of this insurance does not apply to Insurance and such limit has been damages covered by any "underlying exhausted solely due to payments as insurance" or that would have been covered by permitted in Paragraphs 4.a.(1), (2) any "underlying insurance" but for the and (3) of COVERAGE A— EXCESS exhaustion of its applicable limit of insurance. FOLLOW-FORM LIABILITY of C. COVERAGE C — CRISIS MANAGEMENT SECTION I—COVERAGES: or SERVICE EXPENSES (2) The"applicable underlying limit" is the 1. We will reimburse the insured, or pay on the applicable limit of any "other insured's behalf. "crisis management service insurance" and such limit has been exhexpenses"to which Coverage C applies. settalements op medical exusted by ments ofppenses, or 2. Coverage C of this insurance applies to "crisis related costs or expenses (if such management service expenses"that: costs or expenses reduce such a. Arise out of a "crisis management event" limits). that first commences during the policy For any "suit" for which we have the right period; and duty to defend the insured under b. Are incurred by the insured, after a "crisis Coverage A. defense expenses will be management event" first commences and within the limits of insurance of this policy before such event ends:and when such expenses are within the limits of insurance of the applicable "underlying c. Are submitted to us within 180 days after insurance%or the "crisis management advisor" advises you that the "crisis management event" no b. Under Coverage B, against a "suit" longer exists. seeking damages to which such coverage 3. A"crisis management event"will be deemed to: applies. 2, We have no duty to defend any insured a. First commence at the time when any against any"suit": "executive officer" first becomes aware of an "event"or"occurrence"that leads to that a. Seeking damages to which this insurance "crisis management event":and does not apply; or b. End when we decide that the crisis no b. If any other insurer has a duty to defend, longer exists or when the Crisis EU 00 01 07 16 c)2016 The Travelers indemnity Company All rights reserved Page 3 of 22 UMBRELLA 3, When we have the duty to defend, we may, at With respect to a claim we investigate or our discretion, investigate and settle any claim settle, or "suit" against an insured we defend or "suit". In all other cases, we may. at our under COVERAGE A - EXCESS FOLLOW- discretion, participate in the investigation, FORM LIABILITY, these payments will not defense and settlement of any claim or"suit"for reduce the applicable limits of insurance, but damages to which this insurance may apply. If only if the applicable "underlying insurance" we exercise such right to participate, all provides for such payments in addition to its expenses we incur in doing so will not reduce limits of insurance. With respect to a claim we the applicable limits of insurance. investigate or settle, or "suit" against an 4. Our duty to defend ends when we have used up insured we defend under COVERAGE B - the applicable limit of insurance In the payment UMBRELLA LIABILITY, these payments will of judgments or settlements, or defense not reduce the applicable limits of insurance, expenses if such expenses are within the limits SECTION II -WHO IS AN INSURED of insurance of this policy. A, COVERAGE A EXCESS FOLLOW-FORM 5. We will pay, with respect to a claim we LIABILITY investigate or settle, or"suit" against an insured With respect to Coverage A, the following persons and organizations qualify as insureds: a. All expenses we incur. 1. The Named insured shown in the b. The cost of: Declarations;and (1) Bail bonds required because of 2. Any other person or organization qualifying as accidents or traffic law violations arising an insured in the "underlying insurance". If out of the use of any vehicle to which you have agreed to provide insurance for that this insurance applies; or person or organization in a written contract or (2) Appeal bonds and bonds to release agreement: attachments: a. The limits of insurance afforded to such but only for bond amounts within the person or organization will be: applicable limit of insurance. We do not (1) The amount by which the minimum have to furnish these bonds. limits of insurance you agreed to c. All reasonable expenses incurred by the provide such person or organization insured at our request to assist us in the in that written contract or agreement investigation or defense of such claim or exceed the total limits of insurance of "suit", including actual loss of earnings up all applicable "underlying insurance"; to $1.000 a day because of time off from or work. (2) The limits of insurance of this policy; d. All court costs taxed against the insured in whichever is less;and the "suit". However, these payments do not b. Coverage under this policy does not apply include attorneys' fees or attorneys' to such person or organization if the expenses taxed against the insured. minimum limits of insurance you agreed e. Prejudgment interest awarded against the to provide such person or organization in insured on that part of the judgment we that written contract or agreement are pay. If we make an offer to pay the wholly within the total limits of insurance applicable limit of insurance, we will not pay of all available applicable "underlying any prejudgment interest based on that insurance". period of time after the offer. B. COVERAGE B-UMBRELLA LIABILITY f. All interest that accrues on the full amount With respect to Coverage B of any judgment after entry of the judgment and before we have paid, offered to pay or 1. The Named insured shown in the deposited in court the part of the judgment Declarations is an insured. that is within the applicable limit of 2. If you are: insurance. if we do not pay part of the a. An individual. your spouse is also an judgment for any reason other than it is insured, but only with respect to the more than the applicable limit of insurance, conduct of a business of which you are we will not pay any interest that accrues on that portion of the judgment. the sole owner. Page 4 of 22 )2016 The Travelers Indemnity Company AiR nghts reserved EU 00 01 0716 UMBRELLA b. A partnership or joint venture, your damages because of the injury members, your partners and their spouses described in Paragraph (1)(a) or are also insureds, but only with respect to (b) above; or the conduct of your business. (d) Arising out of his or her providing c. A limited liability company. your members or failing to provide professional are also insureds, but only with respect to health care services. the conduct of your business. Your Unless you are in the business or managers are also insureds, but only with occupation of providing professional respect to their duties as your managers. health care services. Paragraphs d. An organization other than a partnership. (1)(a), (b), (c) and (d) above do not joint venture or limited liability company, apply to "bodily injury" arising out of your "officers" and directors are also providing or failing to provide first aid insureds, but only with respect to their or "Good Samaritan services" by any duties as your 'officers" or directors. Your of your "employees" or "volunteer r stockholders are also insureds, but only workers other than an employed h with respect to their liability as volunteer doctor. Any such with . "employees" or "volunteer workers" providing or failing to provide first aid e. A trust, your trustees are also insureds, but or "Good Samaritan services" during only with respect to their duties as trustees. their work hours for you will be 3. Each of the following is also an insured: deemed to be acting within the scope of their employment by you or a. Your "volunteer workers" only while performing duties related to the performing duties related to the conduct of conduct of your business. your business, or your "employees", other (2) "Property damage"to property: than either your "officers" (if you are an organization other than a partnership. joint (a) Owned. occupied or used by: or venture or limited liability company) or your (b) Rented to, in the care, custody or managers (if you are a limited liability control of. or over which physical company), but only for acts within the control is being exercised for any scope of their employment by you or while purpose by; performing duties related to the conduct of you, any of your "employees" or your business. However, none of these "volunteer workers". any of your "employees" or "volunteer workers" are partners or members (if you are a insureds for: partnership or joint venture), or any of (1) "Bodily injury"or"personal injury": your members (if you are a limited (a) To you, to your partners or liability company). members (if you are a partnership b. Any person (other than your "employee" or joint venture). to your members or "volunteer worker"), or any (if you are a limited liability organization, while acting as your real company), to a co-"employee" estate manager. while in the course of his or her c. Any person or organization having proper employment or performing duties temporary custody of your property if you related to the conduct of your die, but only: business. or to your other (1) With respect to liability arising out of "volunteer workers" while the maintenance or use of that performing duties related to the property; and conduct of your business: (2) Until your legal representative has (b) To the spouse, child, parent, been appointed. brother or sister of that co- d. Your legal representative if you die, but "employee" or "volunteer worker" only with respect to duties as such. That as a consequence of Paragraph representative will have all your rights and (1)(a)above; duties under this insurance. (c) For which there is any obligation to 4. Any organization. other than a partnership, share damages with or repay joint venture or limited liability company, of someone else who must pay which you are the sole owner, or in which you EU 00 01 0716 0 2016 The Travelers indemnity Company.Ali rights reserved. Page 5 of 22 UMBRELLA maintain an ownership interest of more than the date, if any. during the policy period, that 50%, on the first day of the policy period is an you no longer maintain an ownership interest insured and will qualify as a Named Insured. No of more than SO%in such organization. such organization is an insured or will qualify as 3. Any organization you newly acquire or form, a Named Insured for"bodily injury" or "property other than a partnership, joint venture or damage" that occurred, or "personal injury" or limited liability company, and of which you are "advertising injury" caused by an offense the sole owner, or in which you maintain an committed after the date, if any, during the ownership interest of more than 50%. if there policy period, that you no longer maintain an is no other similar insurance available to that ownership interest of more than 50% in such organization. However: organization. a. Coverage under this provision is afforded 5. Any organization you newly acquire or form, only until the 180th day after you acquire other than a partnership,joint venture or limited or form the organization or the end of the liability company, and of which you are the sole policy period,whichever is earlier;and owner, or in which you maintain an ownership b. Coverage for such organization does not interest of more than 50%, is an insured and apply to "crisis management service will qualify as a Named Insured if there is no Other similar insurance available to that expenses" arising out of a "crisis organization. However: management event" that occurred before you acquired or formed the organization, a. Coverage under this provision is afforded even if an "executive officer" only first only until the 180th day after you acquire or becomes aware of an "event" or form the organization or the end of the 'occurrence" that leads to such "crisis policy period,whichever is earlier:and management event" after the date you b. Coverage for such organization does not acquired or formed the organization. apply to: No person or organization is an insured or will (1) "Bodily injury" or "property damage" qualify as a Named Insured with respect to the that occurred:or conduct of any current or past partnership, joint venture or limited liability company that is not (2) "Personal injury" or 'advertising injury" shown as a Named Insured in the Declarations. arising out of an offense committed; before you acquired or formed the SECTION Ili—LIMITS OF INSURANCE organization, A. The Limits of Insurance shown in the Declarations No person or organization is an insured or will and the rules below fix the most we will pay for the qualifyamounts described below to which this insurance as a Named Insured with respect to the conduct of any current or past partnership. joint applies regardless of the number of: venture or limited liability company that is not shown 1. Insureds; as a Named insured in the Declarations. This 2. Claims made or"suits"brought: paragraph does not apply to any such partnership, joint venture or limited liability company that 3. Number of vehicles involved; otherwise qualifies as an insured under Paragraph 4. Persons or organizations making claims or B.of SECTION II - WHO IS AN INSURED bringing'suits"; or C. COVERAGE C - CRISIS MANAGEMENT 5. Coverages provided under this insurance. SERVICE EXPENSES As indicated in Paragraph D.1. of SECTION I — With respect to Coverage C, the following persons COVERAGES, for any "suit" for which we have and organizations are insureds and will qualify as the right and duty to defend the insured under Named insureds: Coverage A, defense expenses will be within the 1. The Named Insured shown in the Declarations. limits of insurance of this policy when such 2. Any organization, other than a partnership, joint expenses are within the limits of insurance of the venture or limited liability company, of which applicable "underlying insurance". you are the sole owner, or in which you B. The General Aggregate Limit is the most we wilt maintain an ownership interest of more than pay for the sum of all: 50%, on the first day of the policy period. No 1, Damages; and such organization is an insured or will qualify as a Named Insured for "crisis management 2. Defense expenses if such expenses are service expenses" arising out of a "crisis within the limits of insurance of this policy; management event" that first commences after except: Page 6 of 22 0 2016 The Travelers Indemnity Company.All nights reserved EU 00 01 07 16 UMBRELLA 1. Damages and defense expenses because of 1. Asbestos "bodily injury" or"property damage" included in a. Damages arising out of the actual or the"auto hazard": alleged presence or actual, alleged or 2. Damages and defense expenses because of threatened dispersal of asbestos. "bodily injury" or "property damage" included in asbestos fibers or products containing the "products-completed operations hazard": or asbestos, provided that the damages are 3. Damages and defense expenses for which caused or contributed to by the hazardous insurance is provided under any Aircraft Liability properties of asbestos. coverage included as "underlying insurance" to b. Damages arising out of the actual or which no aggregate limit applies. alleged presence or actual, alleged or C. The Products-Completed Operations Aggregate threatened dispersal of any solid, liquid. Limit is the most we will pay for the sum of all: gaseous or thermal irritant or 1. Damages:and contaminant, including smoke, vapors. 2. Defense expenses if such expenses are within soot,fumes, acids, alkalis, chemicals and the limits of insurance of this policy; waste, and that are part of any claim or because of "bodily injury" or "property damage" "suit" which also alleges any damages included in the "products-completed operations described in Paragraph a. above. hazard". c. Any loss, cost or expense arising out of D. Subject to Paragraph B. or C. above, whichever any: applies, the Occurrence Limit is the most we will (1) Request, demand, order or statutory pay for the sum of all: or regulatory requirement that any 1. Damages, and defense expenses if such insured or others test for, monitor, expenses are within the limits of insurance of clean up, remove, contain, treat, this policy, under Coverage A arising out of any detoxify or neutralize, or in any way one"event" to which the"underlying insurance" respond to, or assess the effects of, applies a limit of insurance that is separate asbestos, asbestos fibers or products from any aggregate limit of insurance; and containing asbestos: or 2. Damages under Coverage B because of all (2) Claim or"suit" by or on behalf of any "bodily injury", "property damage", "personal governmental authority or any other injury" or "advertising injury" arising out of any person or organization because of one"occurrence". testing for, monitoring, cleaning up, For the purposes of determining the applicable removing, containing, treating, Occurrence Limit, all related acts or omissions detoxifying or neutralizing, or in any committed in the providing or failing to provide first way responding to, or assessing the aid or"Good Samaritan services"to any one person effects of, asbestos, asbestos fibers will be considered one"occurrence". or products containing asbestos. E. The Crisis Management Service Expenses Limit is 2. Employment-Related Practices the most we will pay for the sum of all "crisis Damages because of injury to: management service expenses" arising out of all a. A person arising out of any: "crisis management events". Payment of such "crisis management service expenses" is in addition (1)Refusal to employ that person: to. and will not reduce, any other limit of insurance (2)Termination of that person's of this policy. employment; or F. The limits of insurance of this policy apply (3) Employment-related practice, policy, separately to each consecutive annual period and act or omission, such as coercion, to any remaining period of less than 12 months, starting with the beginning of the policy period demotion, evaluation, reassignment,or shown in the Declarations. If the policy period is discipline, failure to promote , extended after issuance for an additional period of advance, harassment, humiliation, less than 12 months, the additional period will be odiscrimination,r libel,sslander,hto violation deemed part of the last preceding period for malicious rho pprose's right of pa rest. purposes of determining the limits of insurance. en prosecution aor false, applied o detention or imprisonment, to SECTION IV—EXCLUSIONS or directed at that person. regardless This insurance does not apply to: of whether such practice, policy, act A. With respect to Coverage A and Coverage B: or omission occurs. is applied or is EU 00 01 0716 '2016 The Travelers Indemnity Company All rights reserved Page 7 of 22 UMBRELLA committed before, during or after the c. Auto no-fault or other first-party personal time of that person's employment; or injury protection(PIP); b. The spouse, child, parent, brother or sister d. Supplementary uninsured/underinsured of that person as a consequence of injury motorists (New York); or to that person as described in Paragraphs a. Medical expense benefits and income a.(1), (2)or(3)above. loss benefits(Virginia). This exclusion applies: 7. War a. Whether the insured may be liable as an Damages arising out of: employer or in any other capacity;and b. To any obligation to share damages with or a. War, including undeclared or civil war;or repay someone else who must pay b. Warlike action by a military force, damages because of the injury. including action in hindering or defending 3. ERISA,COBRA And Similar Laws against an actual or expected attack, by any government, sovereign or other Any obligation of the insured under: authority using military personnel or other a. The Employees Retirement Income agents: or Security Act Of 1974 (ERISA) or any of its c. Insurrection. rebellion, revolution, usurped amendments; power or action taken by governmental b. The Consolidated Omnibus Budget authority in hindering or defending against Reconciliation Act of 1985 (COBRA) or any any of these. of its amendments; or 8. Workers Compensation And Similar Laws c. Any similar common or statutory law of any Any obligation of the insured under a workers jurisdiction. compensation, disability benefits or 4. Medical Expenses Or Payments unemployment compensation law or any similar law. Any obligation of the insured under any B. With respect to Coverage B: "medical expenses" or medical payments coverage. 1. Expected Or Intended Bodily Injury Or 5. Nuclear Material Property Damage Damages arising out of: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. a. The actual. alleged or threatened exposure This exclusion does not apply to"bodily injury" of any person or property to;or or"property damage" resulting from the use of b. The"hazardous properties"of; reasonable force to protect persons or any"nuclear material". property. As used in this exclusion: 2. Contractual Liability a. "Hazardous properties" includes "Bodily injury". "property damage". "personal radioactive,toxic or explosive properties injury" or "advertising injury" for which the b. "Nuclear material" means "source insured is obligated to pay damages by reason of the assumption of liability in a material", "special nuclear matenal" or "by- contract or agreement. This exclusion does product material": and not apply to liability for damages that the c. "Source material", "special nuclear insured would have in the absence of the material" and "by-product material" have contract or agreement. the meanings given them in the Atomic 3. Liquor Liability Energy Act of 1954 or any of its amendments. "Bodily injury" or "property damage" for which • any insured may be liable by reason of: 6. Uninsured or Underinsured Motorists, No" a. Causing or contributing to the intoxication Fault And Similar Laws of any person, including causing or Any liability imposed on the insured, or the contributing to the intoxication of any insured's insurer, under any of the following person because alcoholic beverages were laws: permitted to be brought on your premises a. Uninsured motorists; for consumption on your premises: b. Underinsured motorists; Page 8 of 22 rt1 2016 The Travelers Indemnity Company AU rights reserved EU 00 01 07 16 UMBRELLA b. The furnishing of alcoholic beverages to a This exclusion applies even if the claims person under the legal drinking age or against any insured allege negligence or other under the influence of alcohol: or wrongdoing in the supervision, hiring, c. Any statute, ordinance or regulation relating employment, training or monitoring of others to the sale, gift, distribution or use of by that insured, if the "occurrence" which alcoholic beverages. caused the "bodily injury" or "property damage" involved the ownership. 4. Employers Liability maintenance, use or entrustment to others of "Bodily injury"to: any aircraft that is owned or operated by or a. An "employee'of the insured arising out of rented or loaned to any insured. and in the course of: 7. Auto (1) Employment by the insured: or "Bodily injury" or "property damage" arising (2) Performing duties related to the out of the ownership, maintenance, use or conduct of the insured's business; or entrustment to others of any "auto". Use b. The spouse, child, parent, brother or sister includes operation and loading or unloading". of that "employee" as a consequence of This exclusion applies even if the claims "bodily injury" described in Paragraph a. against any insured allege negligence or other above. wrongdoing in the supervision, hiring, This exclusion applies: employment. training or monitoring of others by that insured, if the "occurrence" which a. Whether the insured may be liable as an caused the "bodily injury" or "property employer or in any other capacity; and damage" involved the ownership. b. To any obligation to share damages with or maintenance, use or entrustment to others of repay someone else who must pay any"auto". damages because of the"bodily injury". This exclusion does not apply to"bodily injury" S. Pollution or "property damage" caused by an "occurrence"occurrence that takes place outside of the a. "Bodily injury", "property damage", United States of America (including its "personal injury" or "advertising injury" territories and possessions), Puerto Rico and arising out of the actual, alleged or Canada. threatened discharge, dispersal, seepage. migration, release or escape of"pollutants". 8. Watercraft b. Any loss. cost or expense arising out of "Bodily injury" or "property damage" arising any: out of the ownership, maintenance, use or (1) Request, demand, order or statutory or entrustment to others of any watercraft owned regulatory requirement that any insured or operated by or rented or loaned to any or any other person or organization test insured. Use includes operation and "loading for, monitor, clean up, remove. contain, or unloading treat, detoxify or neutralize, or in any This exclusion applies even if the claims way respond to, or assess the effects against any insured allege negligence or other of. "pollutants": or wrongdoing in the supervision, hiring, (2) Claim or "suit" by or on behalf of any employment, training or monitoring of others governmental authority or any other by that insured, if the "occurrence" which person or organization because of caused the "bodily injury" or "property testing for, monitoring, cleaning up, damage" involved the ownership, removing, containing. treating. maintenance, use or entrustment to others of detoxifying or neutralizing, or in any any watercraft that is owned or operated by or way responding to, or assessing the rented or loaned to any insured, effects of, "pollutants". This exclusion does not apply to a watercraft: 6. Aircraft a. While ashore on premises owned by or "Bodily injury" or"property damage" arising out rented to any insured;or of the ownership. maintenance, use or b. That is 50-feet long or less and that: entrustment to others of any aircraft owned or (1) You own; or operated by or rented or loaned to any insured. Use includes operation and loading or unloading". EU 00 01 07 16 € 2016 The Travelers Indemnity Company.All rights reserved, Page 9 of 22 UMBRELLA (2) You do not own and is not being used "your work" after it has been put to its to carry any person or property for a intended use, charge. 12. Recall Of Products, Work Or Impaired 9. Electronic Data Property Damages claimed for the loss of, loss of use of, Damages claimed for any loss, cost or damage to. corruption of, inability to access, or expense incurred by you or others for the loss inability to manipulate"electronic data". of use, withdrawal, recall, inspection, repair, 10. Damage To Property, Products Or Work replacement adjustment, removal or disposal of: "Property damage"to: a. "Your product"; a. Property you own. rent or occupy, including b. "Your work";or any costs or expenses incurred by you, or any other person or organization, for repair. c. "Impaired property": replacement, enhancement, restoration or if such product, work or property is withdrawn maintenance of such property for any or recalled from the market or from use by reason, including prevention of injury to a any person or organization because of a person or damage to anther's property; known or suspected defect, deficiency, b. Premises you sell, give away or abandon if inadequacy or dangerous condition in it. the "property damage" arises out of any 13. Violation Of Consumer Financial part of those premises; Protection Laws c. Property loaned to you; "Bodily injury", "property damage", "personal d. Personal property in the care, custody or injury" or"advertising injury"arising out of any control of the insured: actual or alleged violation of a "consumer financial protection law", or any other "bodily e. That particular part of real property on injury","property damage", "personal injury"or which you or any contractors or "advertising injury" alleged in any claim or subcontractors working directly or indirectly "suit"that also alleges any such violation. on your behalf are performing operations if 14. Unsolicited Communication the "property damage" arises out of those "Bodily injury", "property damage". "personal operations; f. Thatparticular injury"or"advertising injury" arising out of any part of any property that actual or alleged violation of any law that must be restored, repaired or replaced restricts or prohibits the sending, transmitting because "your work" was incorrectly or distributing of"unsolicited communication". performed on it; 15. Access Or Disclosure Of Confidential Or g. "Your product" arising out of "your product" Personal Information or any part of it: or "Bodily injury" "property damage", "personal h. "Your work" arising out of "your work" or injury"or"advertising injury" arising out of any any part of it and included in the 'products- access to or disclosure of any person's or completed operations hazard", organization's confidential or personal 11. Damage To Impaired Property Or Property information. Not Physically Injured 16. Knowing Violation Of Rights Of Another "Property damage" to "impaired property", or "Personal injury" or"advertising injury"caused property that has not been physically injured, by or at the direction of the insured with the arising out of: knowledge that the act would violate the rights a. A defect, deficiency, inadequacy or of another and would inflict "personal injury" dangerous condition in "your product" or or"advertising injury". "your work"; or 17. Material Published With Knowledge Of b. A delay or failure by you, or anyone acting Falsity on your behalf, to fulfill the terms of a "Personal injury" or "advertising injury" arising contract or agreement. out of oral or written publication, including This exclusion does not apply to the loss of use publication by electronic means, of material, if done by orof other property arising out of sudden and at the direction of the insured with accidental physical injury to "your product" or knowledge off its falsity. Page 10 of 22 s 2016 The Travelers indemnity Company All rights reserved EU 00 01 07 16 UMBRELLA 18. Material Published Or Used Prior To Policy b. Any other "personal injury" or "advertising Period injury" alleged in any claim or "suit" that a. "Personal injury" or "advertising injury" also alleges any such infringement or arising out of oral or written publication, violation of another's copyright, "title" or including publication by electronic means, "slogan"in your"advertisement". of material whose first publication took 24. Insureds in Media And Internet Type place before the beginning of the policy Business period: or "Personal injury" or "advertising injury" arising b. "Advertising injury" arising out of out of an offense committed by an insured infringement of copyright, "title" or "slogan" whose business is: in your "advertisement" whose first a. Advertising, "broadcasting"or publishing: infringement in your "advertisement" was committed before the beginning of the b. Designing or determining content of web- policy period. sites for others:or 19. Criminal Acts c. An Internet search. access, content or Personal injury or advertising injury" arising service provider, out of a criminal act committed by or at the This exclusion does not apply to Paragraphs direction of the insured. a.(1), (2) and (3) of the definition of "personal 20. Breach Of Contract injury"_ "Personal injury" or "advertising injury" arising For the purposes of this exclusion: out of a breach of contract. a. Creating and producing correspondence 21. Quality Or Performance Of Goods — Failure written in the conduct of your business. To Conform To Statements bulletins, financial or annual reports, or newsletters about your goods. products or "Advertising injury" arising out of the failure of services will not be considered the goods. products or services to conform with any business of publishing: and statement of quality or performance made in your"advertisement", b. The placing of frames, borders or links. or advertising, for you or others anywhere on 22. Wrong Description Of Prices the Internet will not, by itself, be "Advertising injury" arising out of the wrong considered the business of advertising, description of the price of goods, products or "broadcasting" or publishing. services stated in your"advertisement". 25. Electronic Chatrooms Or Bulletin Boards 23. Intellectual Property "Personal injury" or "advertising injury" arising "Personal injury" or "advertising injury" arising out of an electronic chatroom or bulletin board out of any actual or alleged infringement or the insured hosts. owns or over which the violation of any of the following rights or laws, or insured exercises control. any other"personal injury"or"advertising injury" 26. Unauthorized Use Of Another's Name Or alleged in any claim or "suit" that also alleges Product any such infringement or violation: "Personal injury" or "advertising injury" arising a. Copyright: out of the unauthorized use of another's name b. Patent: or product in your e-mail address, domain name or metatag. or any other similar tactics c. Trade dress: to mislead another's potential customers. d. Trade name: C. With respect to Coverage C: e. Trademark; Newly Acquired. Controlled Or Formed f. Trade secret: or Entities g. Other intellectual property rights or laws. "Crisis management service expenses" arising out This exclusion does not apply to: of a "crisis management event' that involves any a. "Advertising injury" arising out of any actual organization you newly acquire or form and that or alleged infringement or violation of occurred prior to the date you acquired or formed another's copyright, "title" or "slogan" in that organization, even if an "executive officer" your"advertisement": or only first becomes aware of an "event" or "occurrence" that leads to such "crisis EU 00 01 07 16 0 2018 The Travelers Indemnity Company.All rights reserved. Page 11 of 22 UMBRELLA management event' after the date you acquired or D. CHANGES formed such organization. This policy contains all the agreements between SECTION V- CONDITIONS you and us concerning the insurance afforded. No A. APPEALS change can be made in the terms of this insurance except with our consent. The terms of 1. If the insured or the insured's "underlying this insurance can be amended or waived only by insurer elects not to appeal a judgment which endorsement issued by us and made a part of this exceeds the "applicable underlying limit" or policy. "self-insured retention", we may do so. E. CURRENCY 2. If we appeal such a judgment, we will pay all Payments for damages or expenses described in costs of the appeal. These payments will not Paragraph 5. of Paragraph D., DEFENSE AND reduce the applicable limits of insurance. In no SUPPLEMENTARY PAYMENTS. of SECTION I event will our liability exceed the applicable limit - COVERAGES will be In the currency of the of insurance. United States of America. At our sole option, we B. BANKRUPTCY may make these payments In a different currency. 1. Bankruptcy or insolvency of the insured or of Any necessary currency conversion for such the insured's estate will not relieve us of our payments will be calculated based on the rate of obligations under this insurance. exchange published in the Wall Street Journal 2. In the event of bankruptcy or insolvency of any immediately preceeding the date the payment is processed. "underlying insurer", this Insurance will not replace such bankrupt or insolvent "underlying F. DUTIES REGARDING AN EVENT, insurer's"policy, and this insurance will apply as OCCURRENCE.CLAIM OR SUiT if such "underlying insurer" had not become 1. You must see to it that we are notified as bankrupt or insolvent. soon as practicable of an "event" or C. CANCELLATION "occurrence" which may result in a claim 1. The first Named Insured shown in the under this insurance. To the extent possible, notice should include: Declarations may cancel this insurance by a. How, when and where the "event" or mailing or delivering to us advance written "occurrence"took place: notice of cancellation. 2. We may cancel this insurance by mailing or b. The names and addresses of any delivering to such first Named insured written persons or organizations sustaining injury, notice of cancellation at least: damage or loss, and the names and addresses of any witnesses; and a. 10 days before the effective date of c. The nature and location of any injury or cancellation if we cancel for nonpayment of damage arising out of the "event" or premium;or "occurrence". b. 60 days before the effective date of 2. If a claim is made or"suit" is brought against cancellation if we cancel for any other any insured which may result in a claim under reason. this insurance, you must see to it that we 3. We will mail or deliver our notice to such first receive written notice of the claim or "suit" as Named Insured's last mailing address known to soon as practicable. us. 3. With respect to Coverage A. the insured 4. Notice of cancellation will state the effective must: date of cancellation. The policy period will end a. Cooperate with us in the investigation, on that date. settlement or defense of any claim or 5. If this insurance is cancelled, we will send such "suit": first Named Insured any premium refund due. If b. Comply with the terms of the "underlying we cancel, the refund will be pro rata. if such insurance"; and first Named Insured cancels, the refund may be less than pro rata. The cancellation will be c. Pursue all rights of contribution or indemnity against any person Of effective even if we have not made or offered a organization who may be liable to the refund. insured because of the injury, damage or 6. If notice is mailed, proof of mailing will be loss for which insurance is provided under sufficient proof of notice. Page 12 of 22 2016 The Travelers indemnity Company All nghis reserved EU 00 01 07 16 UMBRELLA this policy or any policy of "underlying c. The nature and location of any injury or insurance", damage arising out of that "crisis 4. With respect to Coverage B. the insured must: management event"; and a. Immediately send us copies of any d. The reason that "crisis management demands, notices, summonses or legal event" is likely to involve damages papers received in connection with the covered by this insurance in excess of the claim or"suit": "applicable underlying limit" or "self- b. Authorize us to obtain necessary records insured retention" and involve regional or national media coverage. and other information; H. EXAMINATION OF YOUR BOOKS AND c, Cooperate with us in the investigation. RECORDS settlement or defense of any claim or"suit": and We may examine and audit your books and d. Assist us, upon our request. in the records as they relate to this insurance: enforcement of any right against any 1. At any time during the policy period: person or organization which may be liable 2, Up to three years after the end of the policy to the insured because of injury or damage period; and to which Coverage B may apply. 3. Within one year after final settlement of all 5. No insured will, except at that insured's own claims under this insurance. expense, voluntarily make a payment, assume I. EXTENDED REPORTING PERIOD OPTION any obligation, make any admission or incur any expense, other than for first aid for "bodily 1. When the "underlying insurance" applies on a injury" covered by this insurance, without our claims-made basis, any automatic or basic consent. "extended reporting period' in such 6. Knowledge of an"event". "occurrence",claim or "underlying insurance" will apply to this insurance. "suit" by your agent, servant or "employee" will not constitute knowledge by you, unless your 2. When the "underlying insurance" applies on a insurance or risk manager, or anyone working claims-made basis and you elect to purchase in the capacity as your insurance or risk an optional or supplemental "extended manager, or anyone you designate with the reporting period" in such "underlying responsibility of reporting an "event", insurance," that "extended reporting period" "occurrence", claim or"suit": will apply to this insurance only if: a. Has received notice of such "event", a. A written request to purchase an "occurrence", claim or "suit" from such Extended Reporting Period endorsement agent, servant or"employee"; or for this insurance is made by you and received by us within 90 days after the b. Otherwise has knowledge of such "event", end of the policy period; "occurrence", claim or"suit". b. You have paid all premiums due for this G. DUTIES REGARDING A CRISIS MANAGEMENT policy at the time you make such request; EVENT c. You promptly pay the additional premium You must: we charge for the Extended Reporting 1. Notify us within 30 days of a "crisis Period endorsement for this insurance when due. We will determine that management event" that may result in "crisis additional premium after we have management service expenses". received your request for the Extended 2. Provide written notice of the "crisis Reporting Period endorsement for this management event" as soon as practicable. To insurance. That additional premium is not the extent possible, notice should include: subject to any limitation stated in the a. How, when and where that "crisis "underlying insurance" on the amount or percentage of additional premium that management event"took place; may be charged for the "extended b. The names and addresses of any persons reporting period" in such "underlying or organizations sustaining injury, damage insurance"; and or loss, and the named and addresses of any witnesses; EU 00 01 07 16 E 2016 The Travelers indemnity Company.All rights reserved Page 13 of 22 UMBRELLA d. That Extended Reporting Period the full policy period of this Excess Follow- endorsement is issued by us and made a Form And Umbrella Liability insurance. This part of this policy, provision does not apply to the reduction or 3. Any Extended Reporting Period endorsement exhaustion of the aggregate limit or limits of for this insurance will not reinstate or increase such "underlying insurance" solely by the Limits of Insurance or extend the policy payments as permitted in Paragraphs 4.a.(1), period. (2) and (3) of COVERAGE A — EXCESS 4. Except with respect to any provisions to the FOLLOW-FORM LIABILITY of SECTION I — contrary contained in Paragraphs 1.. 2. or 3. COVERAGES, As such policies expire. you above. all provisions of any option to purchase will renew them at limits and with coverage at an"extended reporting period"granted to you in least equal to the expiring limits of insurance. the "underlying insurance" apply to this If you fail to comply with the above insurance. requirements. Coverage A is not invalidated. However. in the event of a loss, we will pay J. INSPECTIONS AND SURVEYS only to the extent that we would have paid had 1. We have the right but are not obligated to: you complied with the above requirements. a. Make inspections and surveys at any time; 2. The first Named Insured shown in the b. Give you reports on the conditions we find: Declarations must give us written notice of and any change in the "underlying insurance" as respects: c. Recommend changes. 2. Any inspections, surveys, reports or a. Coverage; recommendations relate only to insurability and b. Limits of insurance; the premiums to be charged. We do not make c. Termination of any coverage: or safety inspections. We do not undertake to perform the duty of any person or organization d. Exhaustion of aggregate limits. to provide for the health or safety of workers or 3. If you are unable to recover from any the public. We do not warrant that conditions: "underlying insurer" because you fail to a. Are safe or healthful: or comply with any term or condition of the "underlying insurance". Coverage A is not b. Comply with laws, regulations, codes or standards. invalidated, However, we will pay for any loss only to the extent that we would have paid had K. LEGAL ACTION AGAINST US you complied with that term or condition in 1. No person or organization has a right under this that"underlying insurance". insurance: M. OTHER INSURANCE a. To join us as a party or otherwise bring us This insurance is excess over any valid and into a "suit" asking for damages from an collectible "other insurance" whether such "other insured; or insurance" is stated to be primary, contributing, b. To sue us on this insurance unless all of its excess, contingent or otherwise. This provision terms have been fully complied with. does not apply to a policy bought specifically to 2. A person or organization may sue us to recover apply as excess of this insurance, on an agreed settlement or on a final judgment However, if you specifically agree in a written against an insured. We will not be liable for contract or agreement that the insurance provided damages that: to any person or organization that qualifies as an a. Are not payable under the terms of this insured under this insurance must apply on a insurance; or primary basis, or a primary and non-contributory b. Are in excess of the applicable limit of basis. then insurance provided under Coverage A insurance, is subject to the following provisions: An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. L. MAINTENANCE OF UNDERLYING INSURANCE 1. The insurance afforded by each policy of "underlying insurance" will be maintained for Page 14 of 22 2016 The Travelers Indemnity Company All rights reserved. EU 00 01 0716 UMBRELLA 1. This insurance will apply before any "other provide insurance in such country or insurance" that is available to such additional jurisdiction;or insured which covers that person or b. The furnishing of certificates or other organization as a named insured, and we will evidence of insurance in any country or not share with that "other insurance", provided jurisdiction in which we are not licensed to that the injury or damage for which coverage is provide insurance. sought is caused by an"event"that takes place Q. PROHIBITED COVERAGE — TRADE OR or is committed subsequent to the signing of ECONOMIC SANCTIONS that contract or agreement by you. We will provide coverage for any loss, or 2. This insurance is still excess over any valid and collectible "other insurance", whether primary, extent will provide any benefit, only to the extent that providing such coverage or benefit excess, contingent or otherwise, which covers does not expose us or any of our affiliated or that person or organization as an additional parent companies to: insured or as any other insured that does not qualify as a named insured. 1. Any trade or economic sanction under any law or regulation of the United States of America: N. PREMIUM or 1. The first Named Insured shown in the 2. Any other applicable trade or economic Declarations is responsible for the payment of sanction,prohibition or restriction. all premiums and will be the payee for any R. REPRESENTATIONS return premiums. 2. If the premium is a flat charge, it is not subject By accepting this insurance, you agree: to adjustment except as provided in Paragraph 1. The statements in the Declarations and any 4. below, subsequent notice relating to "underlying 3. If the premium is other than a fiat charge. it is insurance"are accurate and complete; an advance premium only. The earned 2. Those statements are based upon premium will be computed at the end of the representations you made to us; and policy period, or at the end of each year of the 3. We have issued this insurance in reliance policy period if the policy period is two years or upon your representations. longer, at the rate shown in the Declarations, S. SEPARATION OF INSUREDS subject to the Minimum Premium. Except with respect to the Limits of Insurance, 4. Additional premium may become payable when and any rights or duties specifically assigned in coverage is provided for additional insureds this policy to the first Named Insured shown in the under the provisions of SECTION II —WHO IS Declarations.this insurance applies: AN INSURED. 1. As if each Named Insured were the only O. PREMIUM AUDIT Named Insured; and The premium for this policy is the amount stated in 2. Separately to each insured against whom Item 5. of the Declarations. The premium is a flat claim is made or"suit"is brought. charge unless it is specified in the Declarations as T. WAIVER OR TRANSFER OF RIGHTS OF adjustable. RECOVERY AGAINST OTHERS TO US P. PROHIBITED COVERAGE — UNLICENSED 1. If the insured has rights to recover all or part INSURANCE of any payment we have made under this 1. With respect to loss sustained by any insured in insurance. those rights are transferred to us a country or jurisdiction in which we are not and the insured must do nothing after loss to licensed to provide this insurance, this impair them. At our request, the insured will insurance does not apply to the extent that bring suit or transfer those rights to us and insuring such loss would violate the laws or help us, and with respect to Coverage A. the regulations of such country or jurisdiction. "underlying insurer",enforce them. 2. We do not assume responsibility for: If the insured has agreed in a contract or agreement to waive that insured's right of a. The payment of any fine, fee, penalty or other charge that may be imposed on any recovery against any person or organization. we waive our right of recovery against that person or organization in any country or person or organization. but only for payments jurisdiction because we are not licensed to we make because of an "event" that takes place or is committed subsequent to the EU 00 01 07 16 €a 2016 The Travelers Indemnity Company.All rights reserved. Page 15 of 22 UMBRELLA execution of that contract or agreement by such SECTION VI—DEFINITIONS insured. A. With respect to all coverages of this insurance: 2. Reimbursement of any amount recovered will be made in the following order: 1 "Applicable underlying limit"means the sum of: a. First, to any person or organization a. The applicable limit of insurance stated (including us or the insured) who has paid for the policies of "underlying insurance" any amount in excess of the applicable limit in the Schedule OF Underlying Insurance of insurance; subject to the provisions In Paragraphs 4.a.(1), (2) and (3) of COVERAGE A — b. Next,to us; and EXCESS FOLLOW-FORM LIABILITY of c. Then, to any person or organization SECTION I—COVERAGES;and (including the insured and with respect to b. The applicable limit of insurance of any Coverage A. the "underlying insurer") that "other insurance"that applies. is entitled to claim the remainder, if any. The limits of insurance in any policy of 3. Expenses incurred in the process of recovery "underlying insurance"will apply even if: will be divided among all persons or organizations receiving amounts recovered a. The "underlying insurer" claims the according to the ratio of their respective insured failed to comply with any term or recoveries. condition of the policy; or U. TRANSFER OF YOUR RIGHTS AND DUTIES b. The "underlying insurer" becomes UNDER THIS INSURANCE bankrupt or insolvent. 1. Your rights and duties under this insurance may 2. "Auto hazard" means all "bodily injury" and not be transferred without our written consent "property damage" to which liability insurance except in the case of death of an individual afforded under an auto policy of "underlying Named Insured_ insurance" would apply but for the exhaustion 2. If you die, your rights and duties will be of its applicable limits of insurance. transferred to your legal representative but only 3. "Electronic data" means information, facts or while acting within the scope of duties as your programs stored as or on. created or used on. legal representative. Until your legal or transmitted to or from computer software representative is appointed, anyone having (including systems and applications software). proper temporary custody of your property will hard or floppy disks, CO-ROMs,tapes, drives, have your rights and duties but only with cells, data processing devices or any other respect to that property. media which are used with electronically V. UNINTENTIONAL OMISSION OR ERROR controlled equipment. The unintentional omission of, or unintentional error 4. "Event" means an "occurrence", offense. in, any information provided by you which we relied accident, act, error, omission, wrongful act or upon in issuing this policy will not prejudice your loss. rights under this insurance. However, this provision 5. "Extended reporting period"means any period does not affect our right to collect additional of time. starting with the end of the policy premium or to exercise our rights of cancellation or period of your claims-made insurance, during nonrenewal in accordance with applicable which claims or "suits" may be first made, insurance laws or regulations. brought or reported for that insurance. W. WHEN LOSS IS PAYABLE 6. "Medical expenses" means expenses to if we are liable under this insurance, we will pay for which any Medical Payments section of any injury, damage or loss after. policy of Commercial General Liability 1. The insured's liability is established by: "underlying insurance"applies. a. A court decision; or 7. "Other insurance" means insurance, or the funding of losses, that is provided by, through b. A written agreement between the claimant. or on behalf of: the insured, any "underlying insurer" and us;and a. Another insurance company; 2. The amount of the "applicable underlying limit" b. Us or any of our affiliated insurance or "self-insured retention" is paid by or on companies; behalf of the insured. c. Any risk retention group; Page 16 of 22 Cl 20i6 The Travelers Indemnity Company AU rights reserved EU 00 01 07 16 UMBRELLA d. Any self-insurance method or program, in Commercial General Liability which case the insured will be deemed to "underlying insurance" states that be the provider of such Insurance: or products-completed operations are e. Any similar risk transfer or risk subject to the General Aggregate management method. Limit. "Other insurance"does not include: 9. "Suit" means a civil proceeding which alleges damages. "Suit"includes: a. Any"underlying insurance";or a. An arbitration proceeding in which b. Any policy of insurance specifically damages are claimed and to which the purchased to be excess of the limits of insured must submit or does submit with insurance of this policy shown in the our consent: or Declarations. b. Any other alternative dispute resolution 8. "Products-completed operations hazard": proceeding to which the insured submits a. Includes all "bodily injury" and "property with our consent. damage" occurring away from premises 10. "Underlying insurance": you own or rent and arising out of "your product'or"your work'except: a. Means the policy or policies of insurance (1) Products that are still in your physical listed in the Schedule Of Underlying possession: or Insurance. (2) Work that has not yet been completed b. Includes any renewal or replacement of or abandoned. However, "your work" such policies if such renewal or will be deemed completed at the replacement is during the policy period of earliest of the following times: this Excess Follow-Form And Umbrella (a) When all the work called for in your Liability Insurance. contract has been completed; c. Does not include any part of the policy (b) When all the work to be done at the period of any of the policies described in Paragraphs a. or b. above that began job site has been completed if your before. or that continues after. the policy contract calls for work at more than period of this Excess Follow-Form And one job site; or Umbrella Liability Insurance. (c) When that part of the work done at 11. "Underlying insurer" means any insurer which a job site has been put to its intended use by any person or provides a polity of insurance listed in the organization other than another Schedule Of Underlying Insurance. contractor or subcontractor working B. With respect to Coverage B and. to the extent that on the same project. the following terms are not defined in the Work that may need service, "underlying insurance", to Coverage A: maintenance, correction, repair or 1. "Advertisement" means a notice that is replacement, but which is otherwise broadcast or published to the general public complete. will be treated as completed. or specific market segments about your b. Does not include "bodily injury" or"property goods, products or services for the purpose of damage"arising out of: attracting customers or supporters. For the (1) The transportation of property, unless purposes of this definition: the injury or damage arises out of a a. Notices that are published include condition in or on a vehicle not owned material placed on the Internet or on or operated by you. and that condition similar electronic means of was created by the "loading or communication;and unloading" of that vehicle by any b. Regarding web sites, only that part of a insured; web site that is about your goods, (2) The existence of tools, uninstalled products or services for the purposes of equipment or abandoned or unused attracting customers or supporters is materials;or considered an advertisement. (3) Products or operations for which the 2. "Advertising injury": classification listed in a policy of EU 00 01 07 16 2016 The Travelers Indemnity Company All rights reserved Page 17 of 22 UMBRELLA a. Means injury. other than "personal injury", b. In, by or with any other electronic means caused by one or more of the following of communication, such as the Internet, if offenses: that material is part of: (1) Oral or written publication, including (1) Radio or television programming publication by electronic means, of being transmitted: material in your "advertisement" that (2) Other entertainment, educational, slanders or libels a person or instructional. music or news organization or disparages a person's programming being transmitted; or or organization's goods, products or services, provided that the claim is (3) Advertising transmitted with any such made or the "suit" is brought by a programming. person or organization that claims to 6. "Consumer financial identity information" have been slandered or libeled, or that means any of the following information for a claims to have had its goods, products person that is used or collected for the or services disparaged: purpose of serving as a factor in establishing (2) Oral or written publication, including such person's eligibility for personal credit. publication by electronic means, of insurance or employment or for the purpose material in your"advertisement"that: of conducting a business transaction: (a) Appropriates a person's name, a. Part or all of the account number, the voice. photograph or likeness; or expiration date or the balance of any (b) Unreasonably places a person in a credit, debit. bank or other financial account; false light: or (3) Infringement of copyright, "title" or b. information bearing on a person's credit worthiness, credit standing or credit "slogan" in your "advertisement", capacity; provided that the claim is made or the "suit" is brought by a person or c. Social security number; organization that claims ownership of d. Driver's license number: or such copyright, "title"or"slogan". e. Birth date. b. Includes "bodily injury" caused by one or 7. "Consumer financial protection law" means: more of the offenses described in Paragraph a. above. a. The Fair Credit Reporting Act (FCRA)and 3. "Auto"means: any of its amendments, including the Fair and Accurate Credit Transactions Act a. A land motor vehicle, trailer or semitrailer (FACTA): designed for travel on public roads. b. California's Song-Beverly Credit Card Act including any attached machinery or and any of its amendments; or equipment: or c. Any other law or regulation that restricts b. Any other land vehicle that is subject to a or prohibits the collection, dissemination, compulsory or financial responsibility law or transmission, distribution or use of other motor vehicle insurance law where It "consumer financial identity information". is licensed or principally garaged. However, "auto" does not include "mobile 8. "Employee" includes a "leased worker". equipment". "Employee" does not include a "temporary worker". 4. "Bodily injury"means: 9. "Good Samaritan services" means any a. Physical harm. including sickness or emergency medical services for which no disease, sustained by a person:or compensation is demanded or received, b. Mental anguish. injury or illness. or 10. "Impaired property" means tangible property, emotional distress, resulting at any time other than "your product" or "your work", that from such physical harm, sickness or cannot be used or is less useful because: disease. a. It incorporates "your product" or "your 5. "Broadcasting"means transmitting any audio or work" that is known or thought to be visual material for any purpose: defective, deficient, inadequate or a. By radio or television; or dangerous; or Page 18 of 22 i 2016 The Travelers Indemnity Company All rights reserved EU 00 01 07 16 UMBRELLA b. You have failed to fulfill the terms of a exploration, lighting and well servicing contract or agreement: equipment: or if such property can be restored to use by the (2) Cherry pickers and similar devices repair. replacement. adjustment or removal of used to raise or lower workers. "your product" or "your work" or your fulfilling f. Vehicles not described in Paragraph a., b., the terms of the contract or agreement. c. or d. above maintained primarily for 11. "Leased worker' means a person leased to you purposes other than the transportation of by a labor leasing firm under an agreement persons or cargo. between you and the labor leasing firm, to However. self-propelled vehicles with the perform duties related to the conduct of your following types of permanently attached business. "Leased worker" does not include a equipment are not "mobile equipment" but "temporary worker, will be considered"autos": 12. "Loading or unloading" means the handling of (1) Equipment designed primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing: or aircraft, watercraft or"auto": (c) Street cleaning: b. While it is in or on an aircraft, watercraft or "auto":or (2) Cherry pickers and similar devices mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers: and finally delivered: (3) Air compressors, pumps and but loading or unloading" does not include the generators. including spraying. movement of property by means of a welding. building cleaning. geophysical mechanical device, other than a hand truck, exploration, lighting and well servicing that is not attached to the aircraft, watercraft or equipment, "auto". However. "mobile equipment" does not include 13. "Mobile equipment" means any of the following any land vehicle that is subject to a compulsory types of land vehicles, including any attached or financial responsibility law, or other motor machinery or equipment: vehicle insurance law, where it is licensed or a. Bulldozers, farm machinery. forklifts and principally garaged. Such land vehicles are considered"autos". other vehicles designed for use principally off public roads. 14. "Occurrence" means: b. Vehicles maintained for use solely on or next a. With respect to "bodily injury" or "property to premises you own or rent. damage c. Vehicles that travel on crawler treads. (1) An accident, including continuous or repeated exposure to substantially the d. Vehicles. whether self-propelled or not, same general harmful conditions, maintained primarily to provide mobility to which results in "bodily injury" or permanently mounted: "property damage". All "bodily injury" (1) Power cranes. shovels, loaders, diggers or "property damage" caused by such or drills:or exposure to substantially the same general harmful conditions will be (2) Road construction or resurfacing deemed to be caused by one equipment such as graders, scrapers or "occurrence":or rollers. (2) An act or omission committed in e. Vehicles not described in Paragraph a., b., providing or failing to provide first aid c.or d. above that are not self-propelled and or "Good Samaritan services" to a are maintained primarily to provide mobility person by any of your "employees" or to permanently attached equipment of the "volunteer workers" other than an following types: employed or volunteer doctor. unless (1) Air compressors, pumps and you are in the business or occupation generators, including spraying. welding, of providing professional health care building cleaning, geophysical services: EU 00 01 07 16 l%2016 The Travelers Indemnity Company AU rights reserved Page 19 of 22 UMBRELLA b. With respect to "personal injury", an (5) Oral or written publication, including offense arising out of your business that publication by electronic means, of results in "personal injury". All "personal material that: injury" caused by the same or related injurious material, act or offense will be (a) Appropriates a person's name, deemed to be caused by one "occurrence", voice, photograph or likeness:or regardless of the frequency or repetition (b) Unreasonably places a person in thereof, the number and kind of media a false light. used or the number of persons or organizations making claims or bringing b. Includes "bodily injury" caused by one or "suits": and more of the offenses described in Paragraph a. above. c. With respect to "advertising injury", an offense committed in the course of 17. "Pollutants" mean any solid, liquid, gaseous or advertising your goods, products and thermal irritant or contaminant, including services that results in "advertising injury". smoke, vapor, soot, fumes, acids, alkalis. All "advertising injury" caused by the same chemicals and waste. Waste includes or related injurious material, act or offense materials to be recycled, reconditioned or will be deemed to be caused by one reclaimed. "occurrence", regardless of the frequency 18. "Property damage" means: or repetition thereof, the number and kind of media used or the number of persons or a. Physical injury to tangible property, organizations making claims or bringing including all resulting loss of use of that "suits". property. All such loss of use will be 15. "Officer" means a person holding any of the deemed to occur at the time of the officer positions created by your charter, Physical injury that caused it: or constitution, bylaws or any other similar b. Loss of use of tangible property that is not governing document, physically injured. All such loss of use will 16. "Personal injury": be deemed to occur at the time of the "occurrence"that caused it. a. Means injury, other than "advertising injury", caused by one or more of the For the purposes of this insurance, "electronic following offenses: data"is not tangible property. (1) False arrest, detention or 19. "Self-insured retention" is the greater of: imprisonment; a. The amount shown in the Declarations (2) Malicious prosecution: which the insured must first pay under (3) The wrongful eviction from, wrongful Coverage B for damages because of all entry into, or invasion of the right of "bodily injury", "property damage". private occupancy of a room, dwelling "personal injury" or "advertising injury" or premises that a person occupies, arising out of any one"occurrence": or provided that the wrongful eviction, b. The applicable limit of insurance of any wrongful entry or invasion of the right of "other insurance"that applies. private occupancy is committed by or on behalf of the owner, landlord or 20. "Slogan": lessor of that room, dwelling or a. Means a phrase that others use for the premises: purpose of attracting attention in their (4) Oral or written publication, including advertising. publication by electronic means, of b. Does not include a phrase used as, or in, material that slanders or libels a person or organization or disparages a the name of: person's or organization's goods, (1) Any person or organization other than products or services, provided that the you:or claim is made or the "suit" is brought by a person or organization that claims to (2) Any business, or any of the premises, have been slandered or libeled. or that goods, products, services or work, of claims to have had its goods, products any person or organization other than or services disparaged;or you. Page 20 of 22 C.2016 The Travelers Indemnity Company All rights reserved EU 00 01 07 16 UMBRELLA 21. "Temporary worker" means a person who is (1) Warranties or representations made furnished to you to substitute for a permanent at any time with respect to the fitness, "employee" on leave or to meet seasonal or quality, durability, performance or use short-term workload conditions. of"your work";and 22. "Title" means the name of a literary or artistic (2) The providing of or failure to provide work. warnings or instructions. 23. "Unsolicited communication" means any C. With respect to Coverage C: communication, in any form, that the recipient 1. "Crisis management advisor" means any of such communication did not specifically public relations firm or crisis management request to receive. firm approved by us that is hired by you to 24. "Volunteer worker" means a person who is not perform "crisis management services" in your "employee", and who donates his or her connection with a "crisis management event". work and acts at the direction of and within the 2. "Crisis management event" means an "event" scope of duties determined by you, and is not or "occurrence" that your "executive officer" paid a fee, salary or other compensation by you reasonably determines has resulted, or may or anyone else for their work performed by you. result, in: 25. "Your product": a. Damages covered by this Coverage A or a. Means: Coverage B that are in excess of the total applicable limits of the "underlying (1) Any goods or products, other than real insurance"or "self-insured retention"; and property, manufactured, sold, handled, b. Significant adverse regional or national distributed or disposed of by: media coverage. (a) You. 3. "Crisis management service expenses" (b) Others trading under your name; or means amounts incurred by you, after a (c) A person or organization whose "crisis management event" first commences business or assets you have and before such event ends: acquired: and a. For the reasonable and necessary: (2) Containers (other than vehicles). (1) Fees and expenses of a "crisis materials, parts or equipment furnished management advisor" in the in connection with such goods or performance for you of "crisis products. management services" solely for a "crisis management event"; and b. Includes: (2) Costs for printing, advertising, mailing (1) Warranties or representations made at of materials or travel by your any time with respect to the fitness, directors, officers, employees or quality, durability, performance or use agents or a "crisis management of"your product":and advisor" solely for a "crisis management event";and (2) The providing of or failure to provide b. For the following expenses resulting from warnings or instructions. such"crisis management event", provided c. Does not include vending machines or that such expenses have been approved other property rented to or located for the by us: use of others but not sold. (1) Medical expenses: 26. "Your work": (2) Funeral expenses: a. Means: (3) Psychological counseling; (1) Work or operations performed by you (4) Travel expenses; or on your behalf: and (5) Temporary living expenses: (2) Materials, parts or equipment furnished (6) Expenses to secure the scene of a in connection with such work or "crisis management event"; or operations. (7) Any other expenses pre-approved by b. Includes: us. EU 00 01 07 16 2016 The Travelers Indemnity Company.All rights reserved Page 21 of 22 UMBRELLA 4. "Crisis management services" means those c. Chief Financial Officer; services performed by a "crisis management d. President; advisor" in advising you or minimizing potential harm to you from a "crisis management event" e. General Counsel; by maintaining or restoring public confidence in f. General partner (if you are a you. partnership); or 5. "Executive officer"means your. g. Sole proprietor (if you are a sole a. Chief Executive Officer; proprietorship); b. Chief Operating Officer; or any person acting in the same capacity as any individual listed above. Page 22 of 22 C 2018 The Travelers Indemnity Company.All nghts reserved. EU 00 01 07 16 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: I-660-5864C477-TIL-26 ISSUE DAIL 11-14-25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AND NONOWNED AUTO EXCESS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE COVERAGE ADDITIONAL PREMIUM Hired and Nonowned Auto Liabil ity $ 80 (If no entry appears above, information required to complete this endorsement wil I be shown in the Declarations as applicable to this endorsement). PROVISIONS 1. You; A. COVERAGE 2. Anyone else including any partner or "execu- If a premium charge is shown in the Schedu4e. five officer" of yours while using with your above the insurance provided under Section I — permission a 'hired auto" or a "nonowned Coverage A — Bodily Injury And Property auto"except Damage Liability applies to "bodily injury" and a. The owner or lessee (of whom you are a "property damage" arising out of the maintenance sublessee) of a "hired auto" or the owner or use of a "hired auto"or "nonowned auto". or lessee of a "nonowned auto" or any B. EXCLUSIONS agent or"employee"of any such owner or lessee; With respect to the insurance provided by this endorsement: b. Your "employee" if the covered "auto" is owned by that "employee" or a member 1. The exclusions, under Section I — Coverage of his or her household: A — Bodily Injury And Property Damage Liability, other than exclusions a., b.. d.. e.. f. c. Your "employee" if the covered "auto" is and i. and the Nuclear Energy Liability Exclu- leased, hired or rented by him or her or a sion (Broad Form) are deleted and replaced member of his or her household under a by the following: lease or rental agreement for a period of a. 'Bodily injury"to any fellow "employee" of 180 days or more; the "insured" arising out of and in the d. Any partner or "executive officer" with re- course of the fellow"employee's" employ- spect to any "auto" owned by such part- ment, ner or officer or a member of his or her household: b. "Property da mage" to: e. Any partner or "executive officer with re- (1) Property owned or being transported spect to any "auto" leased or rented to by, or rented or loaned to the insured: such partner or officer or a member of his or or her household under a lease or rental (2) Property in the care, custody or con- agreement for a period of 180 days or trot of the insured. more; C. WHO IS AN INSURED f. Any person while employed in or other- Section II — Who Is An Insured is replaced by wise engaged in duties in connection with the following: an "auto business", other than an "auto business"you operate: Each of the following is an insured under this insurance to the extent set forth below: g. Anyone other than your "employees". partners, a lessee or borrower or any of CG DO 86 11 03 Copyright, The Travelers Indemnity Company.2003 Page 1 of 2 Includes copyrighted material of Insurance Services Office. Inc..with its permission. COMMERCIAL GENERAL LIABILITY their "employees", while moving property 2. "Hired auto" means any "auto" you lease, to or from a "hired auto" or a "nonowned hire,rent or borrow.Th is does not include: auto"; or a. Any "auto" you lease. hire or rent under a 3. Any other person or organization, but only lease or rental agreement for a period of with respect to their liability because of acts 180 days or more, or or omissions of an insured under 1. or 2. b. Any "auto" you lease, hire. rent or borrow above. from any of your "employees", partners, D. AMENDED DEFINITIONS stockholders, or members of their house- The Definition of Insured contract" in Section V— holds, Definitions is amended by the addition of the fol- 3. Nonowned auto" means any "autos" you do lowing exceptions to paragraph f.: not own, lease, hire, rent or borrow that are Paragraph f. does not include that part of any being used in the course and scope of your contract or agreement: business at the time of an "occurrence". This includes "autos" owned by your "employees" (4) That pertains to the loan,leas e or rental of an or partners or members of their households to you or any of your "employees", if but only while being used in the course and the "auto" is loaned, leased or rented with a scope of your business at the time of an "oc- driver; or currence". (5) That holds a person or organization engaged If you are a sole proprietor. "nonowned auto" in the business of transporting property by means any "autos" you do not own, lease, "auto"for hire harmless for your use of a cov- hire, rent or borrow that are being used in the ered "auto" over a route or territory that per- course and scope of your business or per- son or organization is authorized to serve by sonal affairs at the time of an "occurrence". public authority, F. CONDITIONS E. ADDITIONAL DEFINITIONS The insurance provided by this endorsement is Section V — Definitions is amended by the excess over any of the other insurance, whether addition of the following definitions: primary, excess,contingent or on any other basis, 1. "Auto Business" means the business or at- that applies to "bodily injury" or "property dam- cupation of selling. repairing, servicing. stor- age" arising out of the maintenance or use of a ing or parking"autos." "hired auto" or"nonowned auto." Page 2 of 2 Copyright, The Travelers Indemnity Company, 2003 CG DO 86 11 03 Includes copyrighted material of Insurance Services Office, Inc..with its permission. Contract Form Entity Information Entity Name* Entity ID* New Entity? Please use the job NORTHERN COLORADO MODEL SUP-51 506 aid linked here to add a BOAT CLUB (J supplier in Workday. Contract Name* Contract ID Parent Contract ID POND USE AGREEMENT NAMBA SW SERVICE CENTER 10372 POND 2026 AGREEMENT Requires Board Approval Contract Lead* YES Contract Status MBARANOVIC CTB REVIEW Department Project # Contract Lead Email mbaranovic@weld.gov Contract Description* THIS IS THE 2026 AGREEMENT BETWEEN WELD COUNTY AND THE NORTH AMERICAN MODEL BOAT ASSOCIATION. TO USE THE POND LOCATED AT THE SW SERVICE CENTER. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT BUILDINGS AND Date* 02/14/2026 GROUNDS 02/1 8/2026 Amount* $0.00 Department Email Will a work session with BOCC be required?* CM- NO Renewable* BuildingGrounds@weld.go NO Does Contract require Purchasing Dept. to be included?* Automatic Renewal Department Head Email NO Grant CM-BuildingGrounds- DeptHead@weld.gov IGA County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- CO U NTYATTORN EY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 01 /01 /2027 Termination Notice Period Expiration Date* Committed Delivery Date 1 2 31 2026 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL CHRIS D'OVIDIO BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 02, 112026 02/12/2026 02/12/2026 Final Approval BOCC Approved Doc ID# AG 021826 BOCC Signed Date Originator BOCC Agenda Date MBARANOVIC 02/18/2026 Hello