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Home My WebLink About20242796.tiff1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. Colorado Counties Casualty and Property Pool C S 2024 Excess Liability Policy Ambridge (Lloyd's) - Policy No. PK1041524 Allied - 03136790 Summaries are brief outlines of the coverages afforded under the insurance policies. Since summaries are for informational purposes only, they should not be construed to constitute the entire insurance contracts. As the policies may contain additional coverages and restrictions, the exact wording should be consulted. Brief Summary of Liability Deductibles This information is provided to present counties with a simple overview of county deductibles in the pool. It does not provide information on limits. The pool insuring agreements contain actual coverages and limits. The county has $0 deductible for liability claims* The pool pays the first $1.5 million of each claim CAPP's excess insurance carrier pays up to $11 million per claim *Generally, there is no deductible on liability claims. The board and membership have adopted deductibles for certain types of claims listed below. Additional information on these claims is contained in the CAPP Operations Manual. to/ 3-3 /19 Liability claims subject to a county deductible: Claim type County Deductible Employment Termination $20,000 Inverse Condemnation Regulatory Taking $125,000 Herbicide and Pesticide Operations $2,500 Lawyer's Professional Liability (Grievance issues) $500 CC :nos/HR/►c.), F=@/SO(cD) to/2112.M 2024-2796 &01).560, ��• Gallagher ***CORE 360 Named Insured Schedule Colorado Counties Casualty and Property Pool including the following members: • Alamosa • Archuleta • Baca • Bent • Chaffee • Cheyenne • Clear Creek • Conejos • Castilla • Crowley • Custer • Delta • Dolores • Elbert • Fremont • Garfield • Gilpin • Grand • Gunnison • Hinsdale • Huerfano • Jackson • Kiowa • Kit Carson • Lake • Las Animas • Lincoln • Logan • Mineral • Moffat • Montrose • Morgan • Otero • Ouray • Park • Phillips • Prowers • Pueblo • Rio Blanco • Rio Grande • Routt • Saguache • San Juan • San Miguel • Sedgwick • Summit • Teller • Washington • Weld • Yuma ��• Gallagher ***CORE 360 Program Details 3 Gallagher Insurance Risk Management Consulting Gallagher **CORE 360 Excess Public Entity Liability Claims Made Form 2024 Casualty Structure Layer Carrier Policy Number Limit Aggregate Retention Primary GL, AL, POL Ambridge (Lloyds) PK1041524 $4,500,000 (per member) $18,000,000 $1,500,000 Primary Law Enforcement Liability Lexington 038246861-01 $4,000,000 (each wrongful act) $8,000,000 $1,000,000 Excess Liability ($5M xs $5M) Allied World 0313-6790 $5,000,000 $10,000,000 Excess Aggregate (LEL Only) ($8M xs $8M) Hudson AR0017-01 $8,000,000 (aggregate only) $8,000,000 $1,000,000 Carrier: Underwriters at Lloyd's of London (Ambridge) Policy Period: January 1, 2024 to January 1, 2025 Limits: Self Insured Retention (SIR): Lloyds Syndicates Coverages Included: Retroactive Dates: 4,500,000 10,000 $ 4,500,000 $ 10,000 500,000 $ 4,500,000 $ 4,500,000 $ 4,500,000 $ 4,500,000 Auto Liability, Each Occurrence Auto Medical Payments Personal Injury & Property Damage; aggregate any one policy period, per member Premises Medial Payments Sewer Backup, each occurrence Products and Completed Operations; aggregate any one policy period, per member Public Officials Errors and Omissions; Each wrongful act & aggregate any one policy period, per member Employee Benefit Liability Each wrongful act & aggregate any one policy period, per member All Coverages / all members Aggregate 1,500,000 Each Occurrence or Wrongful Act (includes Defense Costs) Aspen Specialty Insurance Company (A XV, Non -Admitted) AXIS Surplus Insurance Company (A XV, Non -Admitted) Endurance American Specialty Ins Co (A+ XV, Non -Admitted) United Specialty Insurance Company (A X, Non -Admitted) Lloyd's Syndicate 2987 (A XV, Non -Admitted) • Premises and Operations • Products/Completed Operations • Employee Benefit Liability • Auto Liability • Public Officials Errors and Omissions July 1, 1986 except for the following Counties: • Cheyenne County: 2/16/1987 • Delta County: 7/1/1988 • Fremont County: 7/1/1987 • Grand County: 7/1/1987 • Lake County: 4/1/1987 • Montrose County: 7/1/1987 • Weld County: 1/15/1986 20 ©2024 Arthur J. Gallagher & Co. All rights reserved. Gallagher **CORE 360 Excess Public Entity Liability (Continued) Claims Made Form Defense Provisions: Definition of Claim or Claims: Extended Reporting Provisions: Coverage Form: Terms/Conditions/ Endorsements : • Defense Costs are included in the SIR • Defense Costs are included in the Limits of Liability excess of SIR • Means a written demand, including a Suit, for payment of money damages In the event of cancellation or non -renewal by the Company for any reason except non- payment of premium, the Colorado Counties Casualty and Property Pool upon payment of an additional premium of not more than 200% of the total expiring premium will have the right to extend the period whereby a Claim is treated by the Company as made on the expiration date of this Policy for a period of 60 months, but any such Claim must arise from an Occurrence or Wrongful Act prior to the date on which the Extended Reporting Period commenced and after the Retroactive Date. Colorado Counties Casualty and Property Pool must make a written request for an Extended Reporting Period within 30 days after the expiration date of the policy period and pay the additional premium within 30 days after the request. The Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due, the endorsement may not be canceled. The Extended Reporting Period will not reinstate or increase the Limits of Liability or extend the policy period. • CAPP Manuscript Policy Form (Modified 1/1/2022) • TRIA - All Other Sections • Signature Page • Public Entity Excess Liability Common Policy Declarations • Public Entity Excess Liability Limits of Insurance Schedule • Public Entity Excess Liability Policy • Schedule of Participating Member Counties • Additional Insured - Designated Person or Organization • Retroactive Dates Amendment • Procedures for Third Party Claims Administrators • Defense Inside SIR / Defense Inside Limit of Insurance (part of, not in addition to) • Sexual Abuse Endorsement • ("OFAC") Advisory Notice To Policyholders • Health Care Professional Services Coverage for any Insured who is NOT a medical doctor, psychologist, physiotherapist or nurse practitioner. • Coverage is provided for administrative duties performed by a medical doctor, psychologist, psychotherapist or nurse practitioner in the scope of their duties. • Non -Owned Watercraft Liability (Under 26 Feet in Length) • Other Insurance Clause • 90 Day Notice of Cancellation or Termination of Policy • Separation of Insureds Clause • Settlement Consent Clause • Non -Waiver of Governmental Immunity • Bankruptcy and Insolvency Clause • Action Against the Company Clause • Subrogation Clause • Pool Management Clause • Cancellation Notice by Agent • Defense Costs Definition Amended • Additional Insured endorsement — Designated Person or Organization Blanket 21 ©2024 Arthur J. Gallagher & Co. All rights reserved. Gallagher **CORE 360 Excess Public Entity Liability (Continued) Claims Made Form Significant Exclusions • Communicable Disease Exclusion (including but not limited • General Policy Exclusion - PFAS and Related Chemicals Exclusion to): • Exclusion - Law Enforcement Activities • Exclusion - Cyber • Cannabis Exclusion and Definition • Nuclear, Biological, Chemical or Radiological Exclusion • Mountain Sports Exclusion • Dam Exclusion Coverage Territory: • United States of America (including its territories and possessions), Puerto Rico • International waters or airspace, but only if the injury of damage occurs in the course of travel or transportation between any places included above • All other parts of the world if the injury or damages arise out of 1) goods or products made or sold by you in the territory described above; 2) the activities of any person whose home is in the territory described above, but is away for a short time on your business; or 3) personal and advertising injury offenses that take place through the internet or similar electronic means of communication — provided the Insured's responsibility to pay damages is determined in a suite on the merits in the territory described above or a settlement the carrier agrees to Exclusions Include but are • Sexual Abuse —will not provide coverage to any individual Insured who personally not Limited to: commits, participates in, or assists in any act of Sexual Abuse as defined. Without limiting the foregoing, we will afford the defense to which such individual Insured would be otherwise entitled until such time as: 1) that individual Insured is judicially determined to have committed, participated in or assisted in any act of Sexual Abuse; or 2) that individual Insured admits in any context to having committed, participated in or assisted in any act of Sexual Abuse; or 3) that individual Insured committed, participated in or assisted in any act of Sexual Abuse involving intentional physical contact. (Sexual Abuse Definition added to the policy • Eminent Domain • Airport, Airfield, Hangar or Terminal • Activities in a fiduciary capacity • Workers' Compensation, Employers Liability • Operation of Housing Authorities, Port Authorities, School Boards or Railroad Boards • Uninsured Motorists • Nuclear • Asbestos, Mold, other Fungi or Bacteria (except where noted in policy form) • Pollution (except where noted in policy form) • Breach of Contract (except where noted in policy form) • Lead • Silica or Silica -Related Dust • Communicable Disease Exclusion • General Policy Exclusion - PFAS and Related Chemicals Exclusion • Exclusion - Law Enforcement Activities • Exclusion - Cyber • Cannabis Exclusion and Definition • Nuclear, Biological, Chemical or Radiological Exclusion • Mountain Sports Exclusion • Dam Exclusion Minimum Earned Premium: • 50% Audit Terms: • Non-Auditable 22 ©2024 Arthur J. Gallagher & Co. All rights reserved. Gallagher **CORE 360 Excess Public Entity Liability (Continued) Claims Made Form General Conditions: • CTSI shall provide a claims report to the Company within ten days after the end of each calendar quarter of all open and closed claims submitted pertaining to the Self -Insured Retention. It shall contain the following information: Claimant, claim number, date of loss, description of loss, loss paid, expense paid, loss remaining reserve, expense remaining reserve and claim status Claims Reporting Instructions: Claims Reporting Instructions (continued): a. In the event of an Occurrence, Wrongful Act or Claim reasonably likely to involve the insurance under this policy, the Colorado Counties Casualty and Property Pool shall give written notice to the Company as soon as practicable. The notice shall contain particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place, and circumstances of the Occurrence, Wrongful Act and Claim, and the names and addresses of any injured or damaged persons or entities and available witnesses. In the event of a Claim, the Insured's notice shall include a copy of any written demands or Suit papers. b. Failure to give notice of any Occurrence or Wrongful Act which initially did not appear reasonably likely to involve the insurance under this policy will not prejudice the Colorado Counties Casualty and Property Pool ability to subsequently give notice of a Claim arising from such Occurrence or Wrongful Act, provided that written notice of such Claim is given as soon as practicable following the Colorado Counties Casualty and Property Pool's receipt of such Claim. c. The Colorado Counties Casualty and Property Pool shall give written notice to the Company as soon as practicable, following notice to the Colorado Counties Casualty and Property Pool, of a Claim which involves: (1) Death. (2) Brain Damage. (3) Paraplegic or quadriplegic impairment. (4) Loss of eyesight. (5) Third degree burns. (6) Traumatic loss of or surgical amputation of a limb. (7) A serious case where, in the judgment of the Insured or its defense counsel, reserves exceed $125,000. Claims are to be reported to: Arthur J. Gallagher RMS Claims e-mail: GGB. N RCClaimsCenter@ajg.com United Specialty Insurance Service / Ambridge Email: PENPCIaims@ambridge-group.com 23 ©2024 Arthur J. Gallagher & Co. All rights reserved. Gallagher ,•CORE 360 Excess Casualty $5M xs $5M Excess Follow Form Carriers: Allied World Assurance Company Policy Period: January 1, 2024 to January 1, 2025 Limits: 5,000,000 Each Occurrence/Wrongful Act 5,000,000 Combined Aggregate Coverage: Excess Follow Form Insurance per limits and schedule of underlying insurance below Underlying Coverage: Domestic Policies Ambridge Follow Form Excess Lexington Ins. Co. Law Enforcement Liability $4,500,000 Each Occurrence $18,000,000 Aggregate $4,000,000 Each Occurrence $8,000,000 Aggregate Defense Provisions: • ALAE: Inside the Underlying Limits and Inside the Limits of Insurance Terms: • Follow Form Primary Liability Coverages, Terms, Conditions, Provisions and Exclusions • Pay on Behalf of Form • Excess over Claims Made Insurance provisions in Underlying Insurance • Drop Down Provisions Apply — if the applicable limits of the underlying insurance are reduced or exhausted by payment of damages, the limits of insurance of this policy will apply in excess of such reduced or exhausted limits. • Must comply with all U.S. economic and trade sanctions • Must notify carrier of any changes in case law or statutes in Colorado that materially affect the exposures insured hereunder • Must get prior approval for additional Members and additional Named Insureds added during the insurance period Exclusions: • Follow underlying policy exclusions • Cyber Liability • Organic Pathogens • War • Dam Failure • PFAS • Terrorism • Biometric Information and Data Privacy Minimum Earned Premium: • 35% Audit Terms: • Flat, Non-Auditable Claims Reporting • Insured must provide written notice of any claim or suit that will likely involve this policy Instructions: and must do so as soon as practicable. • Claims can be reported to Arthur J. Gallagher Risk Management Services, Inc. • Arthur J. Gallagher Risk Management Services, Inc. • Email: GGB.NRCCIaimsCenter@ajg.com Allied World Assurance Company Attn: Claims Department 199 Water Street, 29th Floor New Yok, NY 10038 E: AWACUS.GeneralCasualtyClaims@awac.com 26 ©2024 Arthur J. Gallagher & Co. All rights reserved. ambrucige® All inquiries regarding this Policy should be addressed to the following Correspondent: Ambridae Partners LLC AMB 1034042021 ambrucige® Policy Provisions 1. This Policy is issued in accordance with the limited authorization granted to the Correspondent by certain Underwriters at Lloyd's, London whose syndicate numbers and the proportions underwritten by them can be ascertained from the office of the said Correspondent and other insurers (such underwriters and insurers being hereinafter called "Underwriters") and in consideration of the premium specified herein, Underwriters hereby bind themselves severally and not jointly, each for his own part and not one for another, their executors and administrators. 2. The Insured is requested to read this Policy, and if it is not correct, return it immediately to the Correspondent for appropriate alteration. 3. Signature Required. This Policy shall not be valid unless signed by the Correspondent on the attached Declarations. 4. Correspondent Not Insurer. The Correspondent, Ambridge Partners LLC, is not an Insurer hereunder and neither is nor shall be liable for any loss or claim whatsoever. The Underwriters hereunder are those identified in the Declarations and corresponding Security Schedule and provide the security backing the losses insured under this Policy in the percentages identified therein. As used in this Policy "Underwriters" shall be deemed to include incorporated as well as unincorporated persons or entities that are Underwriters at Lloyd's, London and other insurers, if applicable. 5. Cancellation. If this Policy provides for cancellation and this Policy is cancelled after the inception date, earned premium must be paid for the time the insurance has been in force. 6. Service of Suit. It is agreed that in the event of the failure of Underwriters to pay any amount claimed to be due hereunder, Underwriters, at the request of the Insured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon the firm or person named in the attached Declarations, and that in any suit instituted against any one of them upon this Policy, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The Correspondent is authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon request of the Insured to give a written undertaking to the Insured that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Underwriters hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this Policy, and hereby designate the above -mentioned as the person to whom the said officer is authorized to mail such process or a true copy thereof. 7. Assignment. This Policy shall not be assigned either in whole or in part without the written consent of the Correspondent endorsed hereon. AMB1034042021 1034042021 ambrucige® 8. Attached Conditions Incorporated. This Policy is made and accepted subject to all the provisions, conditions and warranties set forth herein, attached or endorsed, all of which are to be considered as incorporated herein. 9. The Insured shall be entitled to rely on communications from Ambridge Partners LLC on behalf of Syndicate BRT 2987 at Lloyd's (herein called "Lead Underwriter") as being communications from the authorized representative of all Underwriters subscribing to this Policy and any decision or communication by the Lead Underwriter in respect of any claim shall be binding on all Underwriters. All communications to the Underwriters from the Insured in respect of any claim shall be deemed effectively made if sent to Ambridge Partners LLC at the address set out, and in the manner described in the attached Declarations. AMB1034042021 1034042021 COLORADO SURPLUS LINES NOTICE This contract is delivered as a surplus line coverage under the "Nonadmitted Insurance Act". The insurer issuing this contract is not licensed in Colorado but is an eligible nonadmitted insurer. There is no protection under the provisions of the "Colorado Insurance Guaranty Association Act". LMA9031 01 September 2013 AM B6010042021 COLORADO NOTICE FOR POLICIES WRITTEN ON A CLAIMS -MADE BASIS This policy is a claims -made policy which provides liability coverage only if a claim is made during the policy period or any applicable extended reporting period. LMA9032 01 September 2013 AM B6011042021 COLORADO NOTICE FOR AUTOMOBILE POLICIES NOT PROVIDING THE MINIMUM COVERAGE REQUIRED UNDER COLORADO LAW This policy does not meet the statutory requirements of this State's financial responsibility laws. It does not provide liability coverage for bodily injury and property damage. LMA9033 01 September 2013 AM B6012042021 LINES CLAUSE This Insurance, being signed for 100% of 100.00% insures only that proportion of any loss, whether total or partial, including but not limited to that proportion of associated expenses, if any, to the extent and in the manner provided in this Insurance. The percentages signed in the Table are percentages of 100% of the amount(s) of Insurance stated herein. NMA2419 AMB1022042021 1022042021 Page 1 of 1 SEVERAL LIABILITY NOTICE The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co -subscribing insurer who for any reason does not satisfy all or part of its obligations. 08/94 LSW 1001 AM B1006042021 Page 1 of 1 Complaints Procedure We strive to provide an excellent service to all Our customers but occasionally things can go wrong. We take all concerns seriously and endeavour to resolve all customers' problems promptly. If You have a question or concern about Your policy You should, in the first instance follow the guidance notes or instructions in the insurance documentation You have been sent. Your broker will also be able to advise You and provide assistance in this regard. Alternatively, if You wish to contact Us directly You should either write or telephone: The Complaints Department Brit Syndicates Limited The Leadenhall Building 122 Leadenhall Street London EC3V 4AB Telephone: 0044 (0) 20 385 70000 Facsimile: 0044 (0) 20 385 70001 Email: BGS.Complaints@britinsurance.com In the unlikely event that You remain dissatisfied and wish to make a complaint You can do so at any time by referring the matter to Us at the above stated address or the Complaints Team at Lloyd's at the following address: Complaints Lloyd's One Lime Street London EC3M 7HA Email: complaints@Iloyds.com Telephone: 0044 (0)20 7327 5693 Fax: 0044 (0)20 7327 5225 Website: www.11oyds.com/complaints Details of Lloyd's complaints procedure are set out in a leaflet "Your Complaint - How We Can Help available at www.11oyd's.com/complaints and are also available from the above address. Should You remain dissatisfied after Lloyd's has considered your complaint and You are NOT a policyholder in the UK, You should, in the first instance, seek advice from Your broker as to whom You should direct your complaint. AMB1001042021 1001042021 Page 1 of 1 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site — http://www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. AMB1012042021 1012042021 Page 1 of 1 PUBLIC ENITY EXCESS LIABILITY COMMON POLICY DECLARATIONS This Policy (and any documents referred to in it) contains the whole agreement between Underwriters and the Named Insured relating to the insurance provided by this Policy and supersedes all previous understandings and agreements between Underwriters and the Named Insured relating to the terms and conditions of this Policy. Policy No: PK1 041524 Previous Policy No: N/A 1. NAMED INSURED: Colorado Counties Casualty & Property Pool 2. NAMED INSURED MAILING ADDRESS: clo County Technical Services 800 Grant Street, Ste 400 Denver, CO 80203 3. BROKER OF REC0RD► MAILING ADDRESS: Tracy M. Paladino Arthur J. Gallagher Risk Management Services, Inc. 6300 South Syracuse Way, Ste 700 Centennial, CO 8011 4. EFFECTIVE DATE: EXPIRATION DATE: January 1, 2024 January 1, 2025 both days at 12:01 a.m. local standard time. 5. CAPACITY: Underwritten by Certain Underwriters at Lloyd's London and other insurers (Please refer to Security Schedule for details) 6 COVERAGE: AUTOMOBILE LIABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PUBLIC OFFICIALS' ERRORS & OMISSIONS LIABILITY, EMPLOYEE BENEFIT ADMINISTRATION LIABILITY and as more fully defined in the attached wording which is understood to be incorporated in and form part of this Policy. 7. FORMS ATTACHED HERETO AND SPECIAL CONDITIONS: The Public Entity Excess Liability Policy and agreed Endorsements as per Schedule of Endorsements attached. Territorial Limits: Worldwide as more fully defined in the attached Wording and applicable Forms and Endorsements Choice of Law: State of CO Jurisdiction: United States of America Limits of Liability: Underwriters' Limits of Liability shall not exceed the limits as indicated for each coverage section on the attached wording or Declarations and apply only to those coverages for which a limit is shown. Underwriters' Limits of Liability are excess over a Self -Insured Retention, if applicable, as specified in the attached wording. CAPP PEL DS 01 24 8. SERVICE OF SUIT MAY BE MADE UPON: Brit Global Specialty Lloyd's America, Inc., Attention: Legal Department, 280 Park Avenue, East Tower, 25th Floor, New York, NY 10017 Endurance Worldwide Insurance Limited John Dearie at Locke Lord LLP Brookfield Place, 2001 Jersey Street, 20th Floor, New York, NY 10281-2101 United Specialty Insurance Company 1900 L Don Dodson Drive Bedford, TX 76021 9. IN THE EVENT OF A REPORTABLE CLAIM THE CLAIMS ADMINISTRATOR MUST NOTIFY THE FOLLOWING: By email (Preferred method): PENPCIaims@ambridge-group.com By mail: Ambridge Partners LLC, 1 South Wacker Drive, Suite 2380 Chicago, IL 60606 USA By telephone: +1 (312) 577-9450 10. CLAIMS ADMINISTRATOR MAILING ADDRESS: County Technical Services, Inc. 800 Grant Street, Suite 400 Denver, CO 80203 11. CURRENCY CLAUSE: SURPLUS LINES LICENSEE: CRC Corporate License 183767 This contract is delivered as a surplus line coverage under the 'Nonadmitted Insurance Act. The insurer issuing this contract is not licensed in Colorado but is an ELIGIBLE nonadmitted insurer. There is no protection under the provisions of the 'Colorado Insurance Guaranty Association Act'. All premiums, limits, deductibles, claims and other amounts under this Policy are expressed and payable in United States Dollars. The dollar symbol ($) used within this Policy represents United States Dollars. 12. POLICY PREMIUM: $1,750,000 13. MINIMUM EARNED PREMIUM: $882,875 SLT: $52,500.00 The minimum earned premium is 50% of the annual Policy Premium. If the Policy is cancelled at the Named Insured's request, or by Underwriters for non-payment of premium, the minimum earned premium will be the greater of either the Minimum Earned Premium above or the premium as calculated by the Short Rate Cancellation Table in this Policy. CAPP PEL DS 01 24 SECURITY SCHEDULE Unique Market Reference: B1262BW0509724 Certain Underwriters at Lloyd's London: Syndicate BRT 2987 Syndicate ASP 4711 Syndicate AXS 1686 40.000% 20.000% 5.000% One Lime Street London, EC3M 7HA England Endurance Worldwide Insurance Limited 14.000% 2 MINSTER COURT, MINCING LANE, 1ST FLOOR London EC3R 7BB UK United Specialty Insurance Company 21.000% 1900 L Don Dodson Drive Bedford TX 76021 USA DGE- PK1041524 All other terms and conditions remain unchanged. AMB1025012024 Page 1 of 1 FORMS AND ENDORSEMENTS ATTACHING TO THIS POLICY FORM NUMBER FORM NAME AMB1034042021 Ambridge Partners LLC Policy Jacket LMA9031 09 01 13 Colorado Surplus Lines Notice LMA9032 09 01 13 Colorado Notice for Policies Written on a Claims -Made Basis LMA9033 09 01 13 Colorado Required Notice Under for Colorado Automobile Law Policies not Providing the Minimum Coverage NMA2419 Lines Clause LSW 1001 Several Liability Notice AMB1001042021 Complaint Notice AMB1012042021 to U.S. Policyholders Department's Office of Foreign Assets Control ("OFAC") Advisory Notice Treasury CAPP PEL DS 01 24 Public Entity Excess Liability Common Policy Declarations AMB1025012024 Security Schedule CAPP PEL DS 01 20 Forms and Endorsements Attaching to this Policy CAPP 2024 PEL DEC 01- Public Entity Excess Liability Limits of Insurance Schedule CAPP 2018 PEL FORM 01- Public Entity Excess Liability Policy CAPP PEL 99 09 01 20 Schedule of Participating Member Counties CAPP PEL 99 10 01 20 Additional Insured — Designated Person or Organization CAPP PEL 99 11 01 20 Retroactive Dates Amendment CAPP PEL 99 12 01 20 Exclusion of Certified Acts of Terrorism and Exclusion of Other Terrorist Acts CAPP PEL 99 13 12 20 Communicable Disease Exclusion CAPP PEL 99 14 01 24 Exclusion — Law Enforcement Activities AR MP 20 34 03 24 Exclusion — Cyber Attack AR MP 20 35 03 24 Cannabis Exclusion and Definition With Exceptions — AR MP 20 54 03 22 Nuclear, Biological, Chemical or Radiological Exclusion CAPP PEL 99 15 01 24 Amendments to Public Entity Excess Liability Policy Form CAPP PEL FORM 01-2018 AMB1007042021 TRIA All Other Sections Not Purchased — CAPP PEL 99 16 01 24 Exclusion - Dams CAPP PEL 99 17 01 24 Exclusion — PFAS and Related Chemicals CAPP PEL DS 01 20 Page 1 of 1 PUBLIC ENTITY EXCESS LIABILITY POLICY PUBLIC ENTITY EXCESS LIABILITY LIMITS OF INSURANCE SCHEDULE Coverage AUTOMOBILE LIABILITY AUTOMOBILE MEDICAL PAYMENTS PERSONAL INJURY AND PROPERTY DAMAGE PREMISES MEDICAL PAYMENTS SEWER BACK-UP SUB -LIMIT PERSONAL INJURY AND PROPERTY DAMAGE Limits of Insurance $4,500,000 $10,000* $4,500,000 $10,000* $500,000 $4,500,000 PRODUCTS AND COMPLETED OPERATIONS $4,500,000 PUBLIC OFFICIALS ERRORS & OMISSIONS LIABILITY $4,500,000 PUBLIC OFFICIALS ERRORS & OMISSIONS LIABILITY $4,500,000 EMPLOYEE BENEFIT ADMINISTRATION EMPLOYEE BENEFIT ADMINISTRATION $4,500,000 $4,500,000 ALL COVERAGES / ALL MEMBERS AGGREGATE $18,000,000 Each Occurrence Each Occurrence Each Occurrence Aggregate Any One Policy Period, Per Member Aggregate Any One Policy Period, Per Member Each Wrongful Act Aggregate Any One Policy Period, Per Member Each Wrongful Act Aggregate Any One Policy Period, Per Member Aggregate Any One Policy Period, ALL Members Combined * The Limits of Insurance above for AUTOMOBILE MEDICAL PAYMENTS and PREMISES MEDICAL PAYMENTS are Self -Insured by the Colorado Counties Casualty and Property Pool. Self -Insured Retention Coverage ALL COVERAGES $1,500,000 The Self -Insured Retention above is inclusive of MEMBER retentions. Retroactive Date ALL PARTICIPATING MEMBER COUNTIES, EXCEPTIONS PER RETROACTIVE DATES AMENDMENT July 1, 1986 Each Occurrence or Wrongful Act CAPP PEL DEC 01-2024 Page 1of1 PUBLIC ENTITY EXCESS LIABILITY POLICY PUBLIC ENTITY EXCESS LIABILITY POLICY FOR COLORADO COUNTIES CASUALTY AND PROPERTY POOL THIS POLICY IS A CLAIM -MADE POLICY WHICH PROVIDES LIABILITY COVERAGE ONLY IF A CLAIM IS MADE DURING THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Words and phrases that appear in Bold have special meaning. Refer to SECTION VII - DEFINITIONS. In consideration of the payment of the premium and subject to the limits of liability, exclusions, conditions and other terms of this policy, the Company agrees with the Colorado Counties Casualty and Property Pool as follows: SECTION I - INSURING AGREEMENT A. The Company will pay those sums in excess of the Self -Insured Retention stated in the Declarations which the Insured becomes legally obligated to pay as Damages because of Automobile Liability, Personal Injury, Property Damage, Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability caused by an Occurrence or Wrongful Act to which this insurance applies. B. This insurance applies to a Claim seeking Damages because of Automobile Liability, Personal Injury, Property Damage, Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability only if: 1. Such Claim is first made against an Insured during the policy period and written notice of such Claim is received by an Insured or the Company, whichever comes first; and 2. In a Claim for Automobile Liability, Personal Injury or Property Damage, the Personal Injury or Property Damage: a. Is caused by an Occurrence; and b. First occurred on or after the Retroactive Date stated in the Declarations; 3. In a Claim for Public Officials Errors and Omissions Liability, the Wrongful Act or Related Wrongful Acts first occurred on or after the Retroactive Date stated in the Declarations; 4. In a Claim for Employee Benefits Program Administration Liability, the Wrongful Act or Related Wrongful Acts first occurred on or after the Retroactive Date stated in the Declarations. C. This insurance also applies to a Claim seeking Automobile Medical Payments or Premises Medical Payments, but only if: 1. Such Claim is first made against an Insured during the policy period and written notice of such Claim is received by an Insured or the Company, whichever comes first; and 2. The Bodily Injury: a. Is caused by an Occurrence; and b. First occurred on or after the Retroactive Date stated in the Declarations. D. All Claims for Damages arising out of Automobile Liability, Personal Injury, Employee Benefits Program Administration Liability, Public Officials Errors and Omission Liability, Automobile Medical Payments or Premises Medical Payments to the same person or entity as a result of an Occurrence or Wrongful Act, including Claims by any additional persons or entities for care, loss of consortium, loss of services or death resulting at any time, will be deemed to have been made at the time the first of those Claims is made against an Insured. E. All Claims for Damages arising out of Property Damage causing loss to the same person or entity as a CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY result of an Occurrence will be deemed to have been made at the time the first of those Claims is made against an Insured. F. A Claim will be deemed to have been made when written notice of such Claim is received by any Insured or by us, whichever comes first. All Claims arising out of an Occurrence or Wrongful Act or Related Occurrences or Related Wrongful Acts will be deemed to have been made when the first such Claim was made against any Insured. SECTION II - DEFENSE COSTS A. The Colorado Counties Casualty and Property Pool will have the duty to defend all covered Claims. The Company shall have the right, but not the duty, to participate with the Insureds in the defense of any Claim or Suit which is or may be covered under this policy. If the Company elects to participate with the Insureds in the defense of any Claim or Suit, it will do so at its own expense. B. Defense Costs paid by the Insured will be included within the Insured's Self -Insured Retention and reduce the Self -Insured Retention and Aggregate Any One Policy Period Self -Insured Retention as stated in the Declarations. C. After the Insured's Self -Insured Retention has been fully satisfied by the Colorado Counties Casualty and Property Pool, the Colorado Counties Casualty and Property Pool will continue to have the duty to defend all covered Claims, but the Company will reimburse the Colorado Counties Casualty and Property Pool for Defense Costs incurred after exhaustion of the Self -Insured Retention. Defense Costs paid by the Company are in addition to the limits of liability and do not reduce the limits of liability or aggregate limits of liability. SECTION III - LIMITS OF LIABILITY AND SELF -INSURED RETENTION Regardless of the number of (1) Insureds under this policy, (2) persons or entities who sustain injury or Damages, or (3) Claims made or Suits brought on account of Automobile Liability, Personal Injury, Property Damage, Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability the Company's liability is limited as follows: A. Self -Insured Retention 1. The Each Occurrence or Wrongful Act Self -Insured Retention stated in the Declarations is the amount the Insured is responsible for in any one Occurrence or Wrongful Act, before the Company has any obligation to pay any of the limits of liability. 2. The Aggregate Any One Policy Period Self -Insured Retention stated in the Declarations is the total amount of Each Occurrence or Wrongful Act Retention(s) the Insured is responsible for, in any one Policy Period. However, the Aggregate Any One Policy Period Self -Insured Retention does not include any amounts payable by a Participating Member county for an Occurrence or Wrongful Act as described in each Participating Member county's Agreement for Partially Self -Funded Program issued by the Colorado Counties Casualty and Property Pool. 3. The amount stated in the Declarations as the Self -Insured Retention applicable to each Occurrence or Wrongful Act and in the aggregate will be maintained and be the responsibility of the Colorado Counties Casualty and Property Pool. The Self -Insured Retention shall be reduced only by the Colorado Counties Casualty and Property Pool's actual payment of: a. Defense Costs b. Damages; or c. Attorney's fees and expenses taxes against an Insured for a Claim otherwise covered by this policy; and the Company has no indemnity obligation under this policy until the amount of the applicable Self -Insured Retention has been fully satisfied by such payments by the Colorado Counties Casualty and CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 2 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY Property Pool. The failure of the Colorado Counties Casualty and Property Pool to maintain or pay the Self -Insured Retention, including, but not limited to the insolvency, bankruptcy, liquidation or failure of Colorado Counties Casualty and Property Pool to pay on behalf of its Participating Members, will not obligate the Company to: a. Pay a greater amount than it would have been liable for had the Colorado Counties Casualty and Property Pool paid the Self -Insured Retention; or b. Assume the defense of, or incur any expenses on behalf of, the Insureds under this policy. B. Upon full satisfaction of the Self -Insured Retention, the Company's indemnity obligation is limited to payment of: 1. Damages; and 2. Attorney's fees and expenses taxed against an Insured in a covered Claim in which such Damages are obtained; subject to the limits of liability. Upon full satisfaction of the Self -Insured Retention, the Company will also thereafter reimburse the Colorado Counties Casualty and Property Pool for Defense Costs incurred and paid by the Insured after satisfaction of the Self -Insured Retention. The Company's obligation to reimburse the Colorado Counties Casualty and Property Pool for Defense Costs ends when the Company has exhausted the limit of liability that applies to its indemnity payments. C. Automobile Liability Limit 1. For Automobile Liability caused by any one Occurrence, the Company will pay in excess of the Insured's Self -Insured Retention up to the amount stated in the Declarations. 2. For Automobile Medical Payments, the limit of liability is Self -Insured, such that the Company has no obligations for Automobile Medical Payments. D. Personal Injury and Property Damage Limit 1 For Personal Injury and Property Damage caused by any one Occurrence, the Company will pay in excess of the Insured's Self -Insured Retention up to the amount stated in the Declarations. 2. For Premises Medical Payments, the limit of liability is Self -Insured, such that the Company has no obligations for Premises Medical Payments. 3 Sewer Back -Up Sub -Limit. For Personal Injury and Property Damage caused by any one Occurrence of sewage back-up into a building or buildings (a) from any sewage facility or sanitary sewer that an Insured owns, operates or maintains or (b) arising out of the acts or actions of an Insured, the Company will pay in excess of the Insured's Self -Insured Retention up to the amount of the Each Occurrence Sewer Back- Up Sub -Limit stated in the Declarations. The Each Occurrence Sewer Back -Up Sub -Limit is a Sub -Limit of the Personal Injury and Property Damage Limits and is subject to the Aggregate Any One Policy Period Limits. E. Public Officials Errors and Omissions Liability Limit For Public Officials Errors and Omissions Liability caused by any one Wrongful Act, the Company will pay in excess of the Insured's Self -Insured Retention up to the amount stated in the Declarations. F. Employee Benefits Program Administration Liability For Employee Benefits Program Administration Liability caused by any one Wrongful Act, the Company will pay in excess of the Insured's Self -Insured Retention up to the amount stated in the Declarations. G. Aggregate Limits of Liability This policy is subject to Aggregate limits of liability as stated in the Declarations. The Aggregate limits of liability stated in the Declarations are the maximum amount of the Company's liability for all Occurrences or Wrongful Acts during the policy period and apply separately to: CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 3 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY 1. Personal Injury and Property Damage; 2. Products Liability and Completed Operations Liability; 3. Public Officials Errors and Omissions Liability 4. Employee Benefits Program Administration Liability Aggregate limits apply separately for each Participating Member. Aggregate limits do not apply to Automobile Liability. H. For the purpose of determining the limit of the Company's liability, all Automobile Liability, Personal Injury or Property Damage Claims arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one Occurrence. For the purpose of determining the limit of the Company's liability, Related Occurrences shall be considered one Occurrence. I. For the purpose of determining the limit of the Company's liability, all Wrongful Acts in Employee Benefits Program Administration Liability or Wrongful Acts in Public Officials Errors and Omissions Wrongful Acts taking place over more than one policy period will be deemed to have taken place during the policy period during which the Claim for Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability was first made and only the Limit of Liability for that policy period will apply. For the purpose of determining the limit of the Company's liability, Related Wrongful Acts shall be considered one Wrongful Act. SECTION IV — TERRITORY This insurance applies to Automobile Liability, Personal Injury, Property Damage, Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability occurring in the Coverage Territory. SECTION V - PERSONS OR ENTITIES INSURED A. Each of the following is an Insured: 1. The Colorado Counties Casualty and Property Pool and each Participating Member included in the policy schedule. 2. Those individuals who were or now are elected or appointed officials of the Participating Members, including members of their governing bodies or any other committees, trustees, boards or commissions of the Participating Members; district attorneys, their assistants and staff while acting for or on behalf of district attorneys; agents, volunteers, and useful public servants as that term is u sed under Colorado statutes governing useful public service; all of the foregoing while acting for or o n behalf of the Participating Members. Exception: Members of the following boards or commissions are not Insureds: Housing Authorities, Port Authorities, School Boards, or Railroad Boards. 3. Past or present employees of a Participating Member while acting for or on behalf of that Participating Member. 4. Any person or entity as required by contract, but only for injury or damage that results from: a. Premises owned, rented or leased by a Participating Member; b. Work done by a Participating Member; or c. Any permitted or authorized user of an automobile owned or hired by a Participating Member, but only if the automobile is actually used for or on behalf of a Participating Member and within the scope of permission or authorization of the Participating Member. 5. Any person while using an automobile owned or hired by a Participating Member and any person or e ntity permitting or authorizing that person to use the automobile, but only if the automobile is actually u sed for or on behalf of a Participating Member and within the scope of permission or authorization of the Participating Member. 6. Any official, trustee or employee of a Participating Member with respect to the use of non -owned automobiles in the business of a Participating Member, but only if the automobile is actually used for o r on behalf of a Participating Member and within the scope of permission or authorization of the CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 4 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY Participating Member. B. Persons or entities insured do not include: 1. Any person or entity operating an automobile sales agency, repair shop, service station, storage garage or public parking facility; 2. Any employee of a Participating Member with respect to Bodily Injury to another employee of the same Participating Member injured in the course of such employment in an Occurrence arising out of the maintenance or use of an automobile in the business of such employer; 3. The owner or lessee of a hired automobile, other than a Participating Member, or the agent or employee of the owner or lessee of a hired automobile. SECTION VI - EXCLUSIONS This insurance does not apply to: 1. Workers Compensation Any Claim or obligation for which an Insured or its insurance carrier may be held liable under any worker's compensation, occupational disease, unemployment compensation, disability benefits law or any similar law. 2. Property In an Insured's Care, Custody or Control Any Claim arising out of Property Damage to: a. Real property occupied by or leased to an Insured, its agents or subcontractors; or b. Real or personal property in an Insured's, agent's or subcontractor's care, custody or control or which an Insured, its agents or its subcontractors are for any purpose exercising control, unless no other valid and collectible insurance is available to Participating Member. 3. Contractual Liability Any Claim that the Insured is obligated to pay Damages for Automobile Liability, Personal Injury, Property Damage, Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability arising out of the Insured's assumption of liability in a contract or agreement. This exclusion does not apply to liability for Damages for Personal Injury or Property Damage: a. That the Insured would have in the absence of the contract or agreement; or b. Assumed in a contract or agreement that is an Insured Contract, provided the Personal Injury or Property Damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an Insured Contract, reasonable attorneys' fees and necessary litigation expenses incurred by or for an Indemnitee, but not by or for the Insured, are deemed to be Damages because of the Personal Injury or Property Damage, provided: (1) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same Insured Contract; and (2) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which Damages to which this insurance applies are alleged. But there is no coverage for an Insured Contract if the contract or agreement requires arbitration and the Company or the Colorado County Casualty and Property Pool is not entitled to exercise rights in the choice of arbitrators and in the conduct of the arbitration proceedings, or the Company or the Colorado County Casualty and Property Pool is deprived of the opportunity to exercise rights in the choice of arbitrators and conduct of such arbitration proceedings. 4. Health Care Professional Services Any Claim arising out of the performance of or failure to perform Health Care Professional Services by any Insured who is a medical doctor, psychologist, psychotherapist or nurse practitioner. This exclusion does not apply to: CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 5 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY a. Administrative duties performed by a medical doctor, psychologist, psychotherapist or nurse practitioner; or b. The handling or treatment of corpses, autopsies and other postmortem procedures performed by a medical doctor; in the scope of his or her duties. 5. Failure To Supply Any Claim arising out of the failure to supply a specific amount of electrical power, fuel or water or to liability arising out of the interruption of the electrical power, fuel or water supply. However, this exclusion does not apply if the failure to supply results from accidental damage to tangible property owned or used by any Insured to obtain, produce, process, or transmit such service. 6. Nuclear Energy Liability a. Any Claim: (1) With respect to which an Insured is also an Insured under a nuclear energy policy issued by the Nuclear Energy Liability -Property Insurance Association, Mutual Atomic Energy Liability Underwriters of Nuclear Insurance Association of Canada, or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the hazardous properties of nuclear material and with respect to which (a) any person or any entity is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the Insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or entity. b. Under any Medical Payments coverage, to expenses incurred with respect to Bodily Injury resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. c. Under any liability coverage, any Claim for Bodily Injury or Property Damage resulting from the "hazardous properties" of "nuclear material", if: (1) The "nuclear material": (a) is at any "nuclear facility" owned by, or operated by or behalf of, an Insured or (b) has been discharged or dispensed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an Insured; or The Bodily Injury or Property Damage arises out of the furnishing by an Insured of services, materials, pads or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or Canada, this exclusion (3) applies only to Property Damage to such nuclear facility and any property threat. As used in this exclusion: (1) "hazardous properties" includes radioactive, toxic or explosive properties; (2) "nuclear material" means source material, "special nuclear material" or "by-product material"; (3) "source material", "special nuclear material" and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or any law amendatory thereof; (4) "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor"; "waste" means any waste material: (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" contents; and (3) (5) CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 6 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY (b) resulting from the operation by any person or entity of a "nuclear facility" included within the definition of "nuclear facility"; (6) "nuclear facility" means: (a) any "nuclear reactor"; (b) any equipment or device designed or used for: (i) separating the isotopes of uranium or plutonium; (ii) processing or utilizing spent fuel; or (iii) handling, processing or packaging wastes; (c) any equipment or device used for the processing, fabricating, or alloying of "special nuclear material" if at any time the total amount of such material in the Insured's custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium235; (d) any structure, basin, excavation, premises or place prepared or used for storage or disposal of "waste and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; (7) "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction to contain a critical mass of fissionable material; and (8) Personal Injury or Property Damage includes all forms of radioactive contamination. 7. Pollution Liability a. Any Claim arising directly or indirectly out of, or in any way related to the actual, alleged or threatened "discharge" of Pollutants: (1) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any Insured. However, this paragraph does not apply to: (a) Bodily Injury if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used by the building's occupants or their guests to heat water for personal use; (b) Bodily Injury or Property Damage for which an Insured may be held liable, if the Insured is a contractor and the owner or lessee of the premises, site or location of the Insured's work has been added to the Insured's policy as an additional insured with respect to the Insured's ongoing operations performed for that additional insured at that premises, site o r location and such premises, site or location is not and never was owned or occupied by, o r rented or loaned to, any Insured, other than that additional insured; or (c) Bodily Injury or Property Damage arising out of heat, smoke or fumes from a hostile fire; (2) At or from any premises, site or location which is or was at any time used by or for any Insured o r others for the handling, storage, disposal, processing or treatment of waste; Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any Insured or others; (4) At or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations if the Pollutants are brought on or to the premises, site or location in connection with such o perations by such Insured, contractor or subcontractor. However, this paragraph does not apply to Bodily Injury or Property Damage arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal e lectrical, hydraulic or mechanical functions necessary for the operation of Mobile Equipment o r its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed (3) CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 7 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY to hold, store or receive them. This exception does not apply if the Bodily Injury or Property Damage arises out of the intentional "discharge" of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on orto the premises, site or location with the intent that they be "discharged" as part of the operations being performed by such Insured, contractor or subcontractor; (5) At or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, Pollutants. b. Any loss, cost or expense arising directly or indirectly out of, or in any way related to any: (1) Request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, o r assess the effects of, Pollutants; or (2) Claim by or on behalf of a governmental authority because of testing for, monitoring, cleaning u p, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, Pollutants. However, this paragraph does not apply to liability for Damages because of Property Damage that the Insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such Claim by or on behalf of a governmental authority. c. This exclusion does not apply to any Claim that results from a "discharge" of: (1) Chemicals used in sewage treatment, swimming pool maintenance, or water purification o perations; or (2) Natural gas or propane gas used in sewage treatment, swimming pool maintenance, or water purification operations. d. This exclusion does not apply to Bodily Injury or Property Damage that results from a "discharge" any Pollutants in the providing of: (1) Potable water supplied to others; (2) Urgent response for the protection of property, human life, health or safety conducted away from premises owned by or rented to or regularly occupied by an Insured; (3) Training operations by an Insured; (4) Water runoff from the cleaning of equipment used in an emergency service activity; or (5) Fuels, lubricants, fluids, exhaust gases or similar Pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of a covered automobile and that escape, seep or migrate, or are discharged, dispersed or released, directly from a part of the covered automobile designed by its manufacturer to hold, store, receive or dispose of such Pollutants. e. This exclusion does not apply to Bodily Injury or Property Damage to a building or its contents if such Bodily Injury or Property Damage is caused by a "discharge" related to the escape or back-up of sewage or waste water from any sewage treatment facility or fixed conduit or piping owned, operated, leased, controlled or for which an Insured has the right of way, but only if Bodily Injury or Property Damage occurs away from land owned or leased by an Insured and does not result from any corrosiveor radioactive Pollutants in the sewage or waste water. f. This exclusion does not apply to the application of any pesticide or herbicide by or for an Insured if such application or use meets all legal or license requirements of any governmental agency or authority which apply to it. The exceptions set forth in Paragraphs c., d. and e. of this exclusion only apply if the discharge is accidental, unintended and stopped as soon as possible. The entirety of any "discharge" or series of related discharges will be deemed a single discharge regardless of the length of time over which the Pollutants are released. The entirety of any "discharge" CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 8 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY or series of related "discharges" will be deemed to have occurred at the date the earliest "discharge" commenced. "Discharge" as used in this exclusion includes dispersal, seepage, migration, release or escape. 8. Lead Any Claim arising out of the ingestion, inhalation, absorption or exposure to lead in any form from any source. 9. Silica or Silica -Related Dust Any Claim arising, in whole or in part, out of silica or silica -related dust. As used in this exclusion: a. Silica means silicon dioxide (occurring in crystalline, amorphous and impure forms), silica particles, silica dust or silica compounds. b. Silica -related dust manes a mixture or combination of silica and other dust or particles. 10. Noise Pollution Liability Any Claim arising out of noise pollution. Noise pollution means loud or irritating sounds. 11. Asbestos Liability a. Any Claim arising out of the manufacture of, mining of, use of, sale of, installation of, removal of distribution of or exposure to asbestos products, asbestos fibers or asbestos dust; or b. Any Claim that the Insured defend, indemnify or hold harmless any person or entity for Personal Injury or Property Damage arising out of the manufacture of mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust 12. ERISA Any Claim arising out of the "Employee Retirement Income Security Act of 1974" and any law amendatory thereof. 13. Sexual Abuse Any Claim for any individual Insured who personally commits, participates in, or assists in, any act of Sexual Abuse. However, defense will be afforded to such individual Insured as would otherwise be entitled until such time that individual Insured: a. Is judicially determined to have committed, participated in or assisted in any act of Sexual Abuse; b. Admits in any context to having committed, participated in or assisted in any act of Sexual Abuse;or c. Has committed, participated in or assisted in any physical contact that is considered SexualAbuse. 14. Aircraft Any Claim arising out of the ownership, maintenance or use, including the loading or unloading of aircraft. However, this exclusion does not apply to aircraft that is not owned or chartered by an Insured if: a. The aircraft is chartered with crew, including a pilot, not employed by the Insured; and b. The Insured is not using the aircraft to carry persons or property for a charge. 15. Watercraft Any Claim arising out of the ownership, maintenance or use, including loading or unloading, of watercraft over 26 feet in length, but this exclusion only applies if said watercraft is used to carry persons for hire. 16. War Any Claim arising directly or indirectly out of, or in any way related to war, invasion, acts of foreign enemies, any weapon of war employing atomic fission or radioactive force whether in time of peace or war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority unless such acts of destruction by order of civil authority is at the CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 9 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY time of and for the purpose of preventing spread of fire. 17. Prior Notice Any Claim or potential Claim or Occurrence or Wrongful Act or circumstances for which a Participating Member has provided notice to any other insurance company before the policy period shown in the Policy Declarations. 18. Prior Knowledge Any Claim arising out of any act, error, omission, injury, damage, Occurrence, Wrongful Act, facts or circumstances occurring prior to the policy period shown in the Policy Declarations if any Insured, before inception of the policy period, knew or could reasonably have foreseen that such act, error, omission, injury, damage, Occurrence, Wrongful Act, facts or circumstances might be the basis of a Claim. 19. Prior or Pending Litigation Any Claim based upon, arising from, or in any way related to any demand, Suit, or other proceeding against any Insured which was pending on or existed prior to the policy period shown in the Policy Declarations, or the same or substantially similar facts, circumstances or allegations which are the subject of or the basis for such demand, Suit, or other proceeding. 20. Prior Occurrence of Wrongful Act Any Claim arising out of an Occurrence or Wrongful Act which occurred prior to the Retroactive Date in the Declarations. 21. Advertising, Broadcasting, Publishing or Telecasting Operations Any Claim arising out of a publication or utterance in advertising, publishing, broadcasting or telecasting done by an Insured that: a. Slanders or libels a person or entity or disparages a person's or entity's goods, products, property or services, and piracy and infringement of copyright or of property; or b. Violates a person's right of privacy. 22. Premises Medical Expenses of Certain Persons Premises Medical Payments coverage for any of the following: a. A person injured on that part of your premises that the person normally occupies; b. Coverage provided under Products Liability and Completed Operations Liability; c. A person injured while practicing for or participating in any athletic or sports contest or exhibition sponsored, conducted or directed by an Insured; or d. Any person who is sentenced and imprisoned in, committed to, confined in, or detained in any county jail or other detention facility. 23. Declaratory and Injunctive Relief Any Claim or any part of any Claim seeking injunctive, declaratory or equitable relief and related costs inclusive of any attorneys' fees or attorneys' expenses. This includes any amount required to comply with a court or administrative order, judgment, ruling, or decree that results from any action or demand, including, but not limited to, costs of physical alterations required to comply with the Americans with Disabilities Act. 24. Wages Any Claim: a. For wages, overtime or other wage related compensation for Persons or Entities Insured, except for wages sought as part of a claim for wrongful termination or discrimination under Public Officials Errors and Omissions Liability; or b. Arising out of a collective employee bargaining agreement. 25. Breach of Contract Any Claim arising out of breach of contract, whether express or implied, or arising out of non -completion CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 10 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY of a contract, delay in performing a contract or non-compliance with contract deadlines. 26. Eminent Domain Any Claim arising out of eminent domain, inverse condemnation, regulatory taking, adverse possession or dedication by adverse use. For Public Officials Errors and Omissions Liability only, this exclusion does not apply to Claims for zoning variances, zoning or rezoning decisions or for the authorized acts of a Participating Member's Treasurer, Sheriff, Health Department or their respective employees, volunteers or agents. 27. Employers Liability Any Claim arising out of: a. Bodily Injury to an employee of the Insured and arising out of and in the course of: (1) Employment by the Insured; or (2) Performing duties related to the conduct of the Insured's business; b. Bodily Injury to the spouse or any child, parent, brother or sister of that employee if such Bodily Injury arises out of the Bodily Injury to the employee. This exclusion applies whether the Insured may be held liable as an employer or in any other capacity and to any obligation of the Insured to share Damages with or repay someone else who must pay Damages because of Bodily Injury to any employee of the Insured. However, this exclusion does not apply to Bodily Injury for which the Insured has assumed liability under contract. 28. Intellectual Property a. Any Claim arising out of actual or alleged infringement or violation of any of the following rights or laws. (1) Copyright; (2) Patent; (3) Trade dress; (4) Trade name; (5) Trade secret; (6) Trademark; or (7) Other intellectual property rights or laws. b. But this exclusion does not apply to a Claim for Personal Injury that results from the unauthorized use of any copyrighted or trademarked advertising material, slogan, style, or title of others in the Insured's advertising. 29. Fungi or Bacteria a. Any Claim arising out of any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any Fungi or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, Fungi or bacteria, by any Insured or by any other person or entity. This exclusion does not apply to any Fungi or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption. 30. Nursing Homes and Assisted Living Facilities Any Claim by any person who is on a Participating Member's nursing home or assisted living facility premises for the purpose of receiving any medical evaluation, care or treatment. CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 11 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY 31. Hospitals and Medical Clinics Any Claim for Personal Injury, Property Damage or Premises Medical Payments arising out of the o peration of any hospital or medical clinic, including: a. The ownership, maintenance or use of any premises used in such operation; b. Product Liability arising from products that are distributed in such operation; or c. Completed Operations Liability for operations done anywhere that is related to the operation of such hospital or medical clinic. However, this exclusion does not apply to Automobile Liability. 32. Criminal, Malicious, Dishonest, or Fraudulent Errors, Omissions, or Acts or Willful or Knowing Violation of Rights and Law Any Claim arising out of any criminal, malicious, dishonest, or fraudulent errors, omissions, or acts or a willful or knowing violation of rights and laws. 33. Personal Financial Gain Any Claim arising out of an Insured obtaining financial gain to which the Insured is not legally entitled. 34. Ski Facility Any Claim arising out of the operation of any ski facility, including: a. The ownership, maintenance or use of any premises used in such operation; b. Product Liability arising from products that are distributed in such operation; or c. Anywhere that are related to the operation of such ski facility. However, this exclusion does not apply to cross country ski operations at a premises not normally o perated as a full-time ski facility. Nor does it apply to Automobile Liability. 35. Ski Equipment Rental Any Claim arising out of the rental of ski equipment. However, this exclusion does not apply to rental of ski equipment at a premises not normally operated as a full- time ski facility. 36. Rodeo Participants Any Claim arising out of practice for, or participation in, rodeo events of any kind. 37. Airport, Airfield, Hanger or Terminal Any Claim arising out of the operation of an airport, airfield, hangar or terminal, including: a. The ownership, maintenance or use of any premises used in such operation; b. Product Liability arising from products that are distributed in such operation; or c. Completed Operations Liability for operations done anywhere that are related to the operation of such airport, airfield, hanger or terminal. However, this exclusion does not apply to Automobile Liability. 38. Particular Authorities and Boards Any Claim arising out of activities or operations of Housing Authorities, Port Authorities, School Boards o r Railroad Boards. 39. Fines, Penalties, Punitive, Multiplied or Exemplary Damages Any fines, penalties, punitive, multiplied or exemplary damages. 40. Access or Disclosure of Confidential or Personal Information and Data -Related Liability Any Claim arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit care information, health information or any other type of nonpublic information. This CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 12 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY exclusion applies even if damages are Claims for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. 41. Automobile Liability — Uninsured and Underinsured Motorist Exclusion In addition to exclusions 1. through 40. above and any exclusion added by endorsement, the insurance for Automobile Liability also does not apply to any Claim against an Insured arising out of any Uninsured or Underinsured Motorist law. 42. Public Officials Errors and Omissions Liability Exclusions In addition to exclusions 1. through 40. above and any exclusion added by endorsement, the insurance for Public Officials Errors and Omissions Liability also does not apply to any Claim arising out of: a. Automobile Liability, Personal Injury, Property Damage or Employee Benefits Administration Liability. b. Estimates of probable costs or cost estimates being exceeded, faulty preparation of bid specifications o r failure to award contracts in accordance with statute or ordinance. c. Injury to, destruction or disappearance of any tangible property including money or the loss of use thereof. d. Faulty preparation of maps, plans, reports, survey, designs, bid documents, or specifications. This exclusion does not apply to Claims arising out of the foregoing services when they were provided to an Insured by an additional insured. e. Activities in a fiduciary capacity. f. Improper assessment, calculation or collection of taxes, or loss that reflects any tax obligation. This exclusion does not apply to Claims arising out of the administration functions involved in the collection or refund of taxes. g. Any violation of any of the duties or responsibilities required of any Insured as an employer by the following laws, amendments to those laws, or similar provisions of any other laws, rules or regulations, including the following: (1) Fair Labor Standards Act, except the Equal Pay Act, (2) National Labor Relations Act, (3) Worker Adjustment and Retraining Notification Act, (4) Consolidated Omnibus Budget Reconciliation Act of 1985, (5) Occupational Safety and Health Act, or (6) Employee Retirement Income Security Act of 1974. This exclusion does not apply to Claims for retaliatory action against any employee for the e mployee's exercising of rights afforded by such laws. h. Liability to any employee on strike or lockout or temporarily or permanently replaced due to any labor dispute, including for breach of a collective bargaining agreement. This exclusion does not apply to Claims for retaliatory action taken in response to any of your employees for participating in any strike o r lockout. i. Breach of contract, whether express or implied, non -completion of contract, delay or non-compliance with contract deadlines. This exclusion does not apply to an employment -related Claim alleging a breach of an implied contract of employment. An implied contract of employment is one that arises o ut of one or more statements in an Insured's personnel handbook, employment policy manual or similar document, but does not include any express contract of employment for services between any claimant and an Insured. However, exclusions b., d. and e. do not apply to any contingent or vicarious liability of a Participating Member arising out of one or more of the above referenced Wrongful Acts committed by an elected or appointed official of a Participating Member. CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 13 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY 43. Employee Benefits Program Administration Liability — Personal Injury and Property Damage Exclusion In addition to exclusions 1. through 40. above and any exclusion added by endorsement, the insurance for Employee Benefits Program Administration Liability also does not apply to any Claim for Personal Injury or Property Damage. SECTION VII - DEFINITIONS 1 "Automobile Liability" means Bodily Injury or Property Damage resulting from the ownership, maintenance, use or operation of any auto owned, rented, leased, or borrowed by any Insured but only if the automobile is actually used or operated for or on behalf of a Participating Member and within the scope of permission or authorization of the Participating Member. Automobile Liability includes loading or unloading to or from such auto. 2. "Automobile Medical Payments" means reasonable expenses incurred for necessary medical and funeral services incurred by any Insured to someone other than an Insured under this policy who sustains Bodily Injury caused by an Occurrence during the policy period while in, upon, getting in, on, out or off a covered auto, but only if reported within three years from the date of the Occurrence. Automobile Medical Payments includes only those expenses incurred for services rendered within three years from the date of the Occurrence. 3. "Bodily Injury" means any harm to the health of other persons, including physical harm, sickness, disease, disability, shock, mental anguish, humiliation, mental injury, or death. 4. "Claim" or "Claims" means a written demand, including a Suit, for payment of money Damages. 5. "Company" means the insurer(s) specified in the Declarations. 6. "Completed Operations Liability": a. Includes Bodily Injury and Property Damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the Bodily Injury or Property Damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to an Insured. "Operations" include materials, pads or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: (1) When all operations to be performed by or on behalf of the Insured under the contract have been completed; (2) When all operations to be performed by or on behalf of the Insured at the site of the operations have been completed; or (3) When the portion of the work out of which the injury or damage arises has been put to its intended use by any person or entity other than another contractor or subcontractor engaged in performing operations for a principal part of the same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise completed, shall be deemed completed. b. "Completed Operations Liability" does not include Bodily Injury or Property Damage arising out of: (1) Operations in connection with the transportation of property unless the Bodily Injury or Property Damage arising out of a condition in or on an automobile created by the loading or unloading thereof; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 7. "Coverage Territory" means: a. The United States of America (including its territories and possessions); CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 14 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business provided the Insured's responsibility to pay Damages is determined in a Suit on the merits, in the territory described in Paragraph a. above or in a settlement the Company agrees to. 8. "Damages" means money Damages. Damages does not include fines, penalties, any amount awarded as liquidated Damages pursuant to any federal or state statute, or punitive, multiplied or exemplary Damages. 9. "Defense Costs" means reasonable and customary fees, costs and expenses, including attorney's fees and expenses, incurred in defending any Claim to which this insurance applies. Defense Costs includes the reasonable and customary fees, costs and expenses, including attorney's fees and expenses, incurred by the Insured in defending an Indemnitee. Defense Costs does not include: the salaries, wages, overhead, fees, costs or expenses of the Company or the Insured, or their respective employees or officials; or attorney's fees or expenses taxed against an Insured in any Claim. 10. "Employee Benefits Program"includes a. Pension and profit sharing plans; b. Individual retirement (IRA) plans; c. Salary reduction plans under Internal Revenue Code 401(k) or amendments; d. Savings plans; e. Group plans for life, health, dental, disability, automobile, homeowners, or legal advice insurance; f. Social security system benefits; g. Workers' compensation and unemployment insurance; h. Travel and vacation plans; and i. Educational tuition reimbursement plans. 11. "Employee Benefits Program Administration Liability" means Wrongful Acts in: a Giving counsel to employees with respect to an Employee Benefits Program; b. Interpreting an Employee Benefits Program; c. Handling records in connection with an Employee Benefit Program; or d. Effecting enrollment, termination or cancellation of employees under an Employee Benefit Program; if the activities in those Wrongful Acts are authorized by an Insured. 12. Fungi means: Any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by Fungi. 13. "Health Care Professional Services" includes: a. Any dental, medical, mental, nursing, surgical, x-ray, or other Health Care Professional Service, including any advice, instruction, food, or beverage provided with such service; b. The dispensing of drugs or medical or dental supplies and appliances; and c. The handling or treatment of corpses, including autopsies, organ donations, and other postmortem procedures. 14. "Indemnitee" means a person or entity, other than an Insured, who is a party to an Insured Contract and for whom the Insured assumed liability for Damages for Personal Injury or Property Damage in the contract or agreement. 15. "Insured" means the Colorado Counties Casualty and Property Pool and its Participating Members and any person or entity qualifying as an Insured under SECTION V - PERSONS OR ENTITIES INSURED. CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 15 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY 16. "Insured Contract" means: a. A contract for a lease of premises; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e . An elevator maintenance agreement; f. That pad of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for Personal Injury or Property Damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for Personal Injury or Property Damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for Personal Injury or Property Damage arising out of the Insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 17. "Mobile Equipment" means any of the following types of land vehicles, including any attached machinery o r equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e . Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 16 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. Mobile Equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or designated as covered autos under your automobile liability insurance. Instead, those land vehicles are considered "autos". 18. "Occurrence" means: An accident or event, including continuous or repeated exposure to conditions, provided that all such exposure to substantially the same general conditions shall be deemed one Occurrence. 19. "Personal Injury" means: a. Bodily Injury; b. False arrest, false imprisonment, wrongful detention, or malicious prosecution; c. Violation of civil rights; d. Wrongful entry into, or eviction of any person from, a room, dwelling, or premises that a person occupies, or other invasion of the right of private occupancy; e. A publication or utterance that slanders or libels a person or entity, including defamation, or disparages a person's or entity's goods, products, property or services; f. Piracy and infringement of copyright or of written or intellectual property; g. A publication or utterance that violates a person's right of privacy; h. Assault and battery, not committed by or at the direction of, or with the consent of an Insured. However, this limitation does not apply: (1) If committed or directed for the purpose of protecting persons from injury or death, or damage; or (2) To liability arising out of corporal punishment; or i. Improper or erroneous service of civil papers. 20. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 21. "Premises Medical Payments" means medical expenses, in excess of any "other insurance", incurred because of Bodily Injury to someone other than an Insured under this policy caused by an accident during the policy period on an Insured's premises or as pad of an Insured's operations regardless of fault that are incurred and reported within one year of the date of the accident. a. Premises Medical Payments includes expenses for: (1) First aid at the time of the accident, (2) Necessary medical surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing, and funeral services. b. For the purposes of Premises Medical Payments, "other insurance" means valid and collectible insurance, or the funding of losses, available through: (1) Another insurance company; (2) A risk retention group; (3) A self-insurance method or program, other than any funded by Colorado Counties Casualty and Property Pool; or (4) Any similar risk transfer method. CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 17 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY 22. "Products Liability" means Bodily Injury and Property Damage arising out of an Insured's products o r reliance upon a representation or warranty with respect thereto, but only if the Bodily Injury or occurs away from premises owned by or rented to an Insured and after physical possession has been relinquished to others. 23. "Property Damage" means: a. Physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom; or b. Loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an Occurrence during the policy period. 24. "Public Officials Errors and Omissions Liability" means Wrongful Acts by an Insured arising from an action or inaction or ministerial act, mistake, misstatement, error, omission, or violation of antitrust statutes by an Insured in the discharge of duties for an Insured. A Wrongful Act in Public Officials Errors and Omissions Liability includes but is not limited to wrongful termination or discrimination based upon race, religion, nationality, national origin, color, creed, sex or age. 25. "Related Occurrences" means any multiple, repeated, or continuous Occurrences that are logically or causally connected by the same or similar facts or circumstances or series of the same or similar facts or circumstances. 26. "Related Wrongful Acts" means any multiple, repeated, or continuous Wrongful Acts that are logically o r causally connected by the same or similar facts or circumstances or series of the same or similar facts o r circumstances. 27. "Sexual Abuse" means any actual, attempted or alleged sexual misconduct of a person by another person or persons acting in concert, whether consensual or not, regardless if criminal charges or proceedings are brought, which cause physical and/or mental injuries. Sexual Abuse includes actual, attempted or alleged sexual molestation, sexual assault, sexual exploitation or sexual injury. Sexual Abuse does not include sexual harassment. 28. "Suit" means a civil proceeding in which Damages are alleged. It includes a binding arbitration proceeding for Damages, and any other binding alternative dispute resolution, to which the Insured submits with the Company's consent. 29. "Wrongful Act" means any actual or alleged act, error or omission, arising out of the conduct or performance of any elected or appointed officials of an Insured in the performance of his or her duties. All such exposure to substantially the same general conditions shall be deemed one Wrongful Act. SECTION VIII - CONDITIONS 1. Separation of Insureds Except with respect to Limits of Insurance, and any rights or duties specifically assigned to the Colorado Counties Casualty and Property Pool, this insurance applies as if each Insured were the only Insured; and separately to each Insured against whom Claim is made or Suit is brought. 2. Insured's Duties in the Event of Occurrence, Wrongful Act or Claim a. In the event of an Occurrence, Wrongful Act or Claim reasonably likely to involve the insurance under this policy, the Colorado Counties Casualty and Property Pool shall give written notice to the Company as soon as practicable. The notice shall contain particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place, and circumstances of the Occurrence, Wrongful Act and Claim, and the names and addresses of any injured or damaged persons or entities and available witnesses. In the event of a Claim, the Insured's notice shall include a copy of any written demands or Suit papers. b. Failure to give notice of any Occurrence or Wrongful Act which initially did not appear reasonably likely to involve the insurance under this policy will not prejudice the Colorado Counties Casualty and Property Pool ability to subsequently give notice of a Claim arising from such Occurrence or Wrongful Act, provided that written notice of such Claim is given as soon as practicable following the Colorado Counties Casualty and Property Pool's receipt of such Claim. CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 18 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY c. The Colorado Counties Casualty and Property Pool shall give written notice to the Company as soon as practicable, following notice to the Colorado Counties Casualty and Property Pool, of a Claim which involves: (1) Death; (2) Brain Damage; (3) Paraplegic or quadriplegic impairment; (4) Loss of eyesight; (5) Third degree burns; (6) Traumatic loss of or surgical amputation of a limb; or (7) A serious case where, in the judgment of the Insured or its defense counsel, reserves exceed $125,000. d. The Insured will cooperate with the Company and upon its request assist in making settlements, in the conduct of Suits and in enforcing any right of contribution or indemnity against any person or e ntity who may be liable to the Insured; and the Insured will attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured will not, except at its own cost, voluntarily make any payment, assume any obligation or incur any expense. In the event that the amount of a proposed settlement becomes known either through trial court judgment o r agreement among the Colorado Counties Casualty and Property Pool, the claimant and the Company, then the Colorado Counties Casualty and Property Pool may pay the Damages to the claimant to effect settlement and, upon submission of proof of payment, the Company will pay the Colorado Counties Casualty and Property Pool for that part of such payment which is in excess of the Self -Insured Retention, or will upon request of the Colorado Counties Casualty and Property Pool, make such payment to the claimant on behalf of the Insured. e. Notice is to be sent to: Ambridge Partners LLC 1 South Wacker Drive, Suite 2380 Chicago, IL 60606 Email: PENPCIaims@ambridge-group.com Phone: +1 (312) 577-9450 Additionally, the Insured shall provide a claims report to the Company, within ten (10) days after the e nd of each calendar quarter, of all open and closed Claims submitted pertaining to this policy or Self -Insured Retention and which shall contain the following information: Claimant, claim number, date of loss, description of loss, loss paid, Defense Costs paid, loss remaining reserve, Defense Costs remaining reserve, claim status and policy period aggregate Self - Insured Retention reconciliation. 3. Settlement Consent The Company shall have the right to propose settlement for any Claim or Suit within an applicable Self - Insured Retention or the available limit of liability, but only if it is reasonably certain that the Claim or Suit will exceed the Self -Insured Retention. If the Insured refuses to consent to a settlement, the Company will limit the total amount it will pay for Damages to no more than the amount it would have paid had the Insured given consent to the proposed settlement. 4. Appeals In the event the Insured elects not to appeal a judgment in excess of the Self -Insured Retention, the Company may elect to do so at its own expense, but in no event will the liability of the Company exceed the applicable amount specified in the Limits of Liability section of the Declarations. 5. Legal Action Against the Company No person or entity has a right under this policy: a. To join the Company as a party or otherwise bring the Company into a Suit against an Insured; or CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 19 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY b. To sue the Company on this policy unless that person or entity has fully complied with all of the policy terms. A person or entity may sue the Company to recover on an agreed settlement or on a final judgment against an Insured; but the Company will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Company, the Insured and the claimant or the claimant's legal representative. 6. Bankruptcy and Insolvency Bankruptcy or insolvency of an Insured shall not relieve the Company of any of its obligations hereunder or increase any of those obligations. 7. Other Insurance a. This insurance is excess insurance over Self -insured Retentions. If there is any other insurance for Automobile Liability, including Hired and Non -Owned Autos, Personal Injury, Property Damage, Automobile Medical Payments, Premises Medical Payments, Employee Benefits Program Administration Liability or Public Official's Errors and Omissions Liability covered by this insurance, this insurance is excess over any of that other insurance and shall not contribute with any of the other insurance. "Other insurance" means any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, except for insurance bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy, that is available through: (1) Another insurance company; (2) A risk retention group; (3) A self-insurance method or program, other than any funded by Colorado Counties Casualty and Property Pool and over which this agreement applies; or (4) Any similar risk transfer method. b. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this policy; and (2) The total of all deductible and self -insured amounts under all other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. 8. Subrogation The Company shall be subrogated to the extent of any payment hereunder to all the Insureds' rights of recovery. The Insured shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows: Any person or entity, including the Colorado Counties Casualty and Property Pool, having paid an amount in excess of the Self -Insured Retention will be reimbursed first to the extent of actual payment. If any balance then remains unpaid, it will be applied to reimburse the Colorado Counties Casualty and Property Pool. The expenses of all such recovery proceedings will be apportioned in the ratio of the respective recoveries. If there is no recovery in proceedings conducted solely by the Colorado Counties Casualty and Property Pool, it shall bear the expenses thereof. The Company shall waive its right to subrogate against a third party for any payment made under this policy, but only if: a. The Participating Member County agreed to waive its rights to subrogation under a contract or agreement; b. The waiver was prior to the Occurrence of the loss; and CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 20 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY c. Subrogation is not pursued by the Colorado Counties Casualty and Property Pool. 9. Changes Notice to any agent or knowledge possessed by any agent or by any other person will not effect a waiver o r change in any pad of this policy or estop the Company from asserting any right under the terms of this policy, nor will the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. 10. Assignment Assignment of interest under this policy shall not bind the Company unless its consent is endorsed hereon; however, if an Insured shall die, such insurance as is afforded by this policy shall apply: a. To the Insured's legal representative, as the Insured, but only while acting within the scope of his duties as such; and b. With respect to the property of an Insured to the person having temporary custody thereof as Insured, but only until the appointment and qualification of the legal representative. 11. Cancellation This policy may be canceled by the Colorado Counties Casualty and Property Pool by surrender thereof to the Company or any of its authorized agents, or by mailing to the Company written notice stating when the cancellation will be effective. The policy may be canceled by the Company by mailing to the Colorado Counties Casualty and Property Pool at the address shown in this policy written notice stating when not less than 90 days thereafter such cancellation shall be effective. Provided that the Colorado Counties Casualty and Property Pool fails to discharge when due any of its obligations in connection with the payment of premium for the policy or any installment thereof, whether payable directly to the Company o r its agent or indirectly under a premium finance plan or extension of credit, this policy may be canceled by the Company by mailing to the Colorado Counties Casualty and Property Pool at the address shown in the policy, written notice stating when not less than ten days thereafter such cancellation shall be effective. If notice is mailed, proof of mailing will be sufficient proof of notice. If the Colorado Counties Casualty and Property Pool requests cancellation, earned premium will be calculated in accordance with the customary short rate table and procedure. If the Company cancels, e arned premium will be calculated pro rata. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. No cancellation or termination of the policy by the Colorado Counties Casualty and Property Pool or by the Company, will take effect prior to the expiration of 90 days after written notice of such cancellation or termination is sent by registered mail to the Commissioner of Insurance, State of Colorado, Division of Insurance, 1560 Broadway, Suite 850, Denver, CO 80202, unless an earlier date of such cancellation or termination is approved by said Commissioner of Insurance, State of Colorado. In the event of cancellation or non -renewal, by the Company or the Colorado Counties Casualty and Property Pool, the Colorado Counties Casualty and Property Pool authorizes the producer of record to send notices of the applicable cancellation or non -renewal on its behalf to any person or entity which the Insured has agreed to provide notice of cancellation or non -renewal provided the name and address of each person or entity has been provided to the producer of record. Failure of the producer of record to provide notice will not impose liability of any kind on the Company or producer of record or invalidate the cancellation or non- renewal. 12. Pool Management a. The Colorado Counties Casualty and Property Pool is authorized to act on behalf of all Participating Members and other Insureds in acknowledging the selection or rejection of all coverage options the Company is required to extend including terrorism coverage, automobile medical payment coverage, uninsured motorists coverage and underinsured motorists coverage. b. The Colorado Counties Casualty and Property Pool is authorized to act on behalf of all Participating Members and other Insureds in giving or receiving notice of cancellation or non -renewal or receiving notice of conditional non -renewal. The Colorado Counties Casualty and Property Pool is responsible for the payment of premium and CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 21 of 22 PUBLIC ENTITY EXCESS LIABILITY POLICY will be the payee of any return premiums paid by the Company. All Participating Members are jointly and severally liable and responsible for the payment of all premiums. d. The Colorado Counties Casualty and Property Pool administers all Automobile Medical Payments and Premises Medical Payments coverage and will provide up to $10,000 in Automobile Medical Payments and Premises Medical Payments per person for each Occurrence for each Participating Member. 13. Extended Reporting Period In the event of cancellation or non -renewal by the Company for any reason except non-payment of premium, the Colorado Counties Casualty and Property Pool upon payment of an additional premium of not more than 200% of the total expiring premium will have the right to extend the period whereby a Claim is treated by the Company as made on the expiration date of this policy for a period of 60 months, but any such Claim must arise from an Occurrence or Wrongful Act prior to the date on which the Extended Reporting Period commenced and after the Retroactive Date. Colorado Counties Casualty and Property Pool must make a written request for an Extended Reporting Period within 30 days after the expiration date of the policy period and pay the additional premium within 30 days after the request. The Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due, the endorsement may not be canceled. The Extended Reporting Period will not reinstate or increase the Limits of Liability or extend the policy period. 14. Examination of your Books and Records The Company may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterwards. There is no time limit to examination and audit of your books and records as they relate to a loss or Claim involving this policy. 15. Claim Information At the request of the Colorado Counties Casualty and Property Pool the Company will provide, within 30 days of that request, details on any reported incident or open, reserved, closed or paid Claim. 16. Non -Waiver of Governmental Immunity Nothing in this policy or in any Participating Member County's coverage under this policy waives, or is intended to waive, any immunity granted to any Insured, or to increase the maximum amount that may be recovered under the Colorado Governmental Immunity Act pursuant to Colo. Revs. Stat. Section 24- 10-101 et. seq., including 24-10-114. CAPP PEL Form 01-2018 Contains copyrighted material of Insurance Services Office, Inc. with its permission Page 22 of 22 POLICY NUMBER: PK1041524 CAPP PEL 99 09 01 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF PARTICIPATING MEMBER COUNTIES This endorsement modifies the insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY The following Colorado Counties Casualty and Property Pool Participating Member Counties are included as Insureds. SCHEDULE Alamosa Lincoln Archuleta Logan Baca Mineral Bent Moffat Chaffee Montrose Cheyenne Morgan Clear Creek Otero Conejos Ouray Costilla Park Crowley Phillips Custer Prowers Delta Pueblo Dolores Rio Blanco Elbert Rio Grande Fremont Routt Garfield Saguache Gilpin San Juan Grand San Miguel Gunnison Sedgwick Hinsdale Summit Huerfano Teller Jackson Washington Kiowa Weld Kit Carson Yuma Lake Las Animas Except as amended in the endorsement, this insurance is subject to all coverages, terms and conditions in the policy to which this endorsement is attached. CAPP PEL 99 09 01 20 Page 1 of 1 POLICY NUMBER: PK1041524 CAPP PEL 99 10 01 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY SCHEDULE Designated Person(s) or Organization(s): Blanket, as required by Certificates of Insurance The following is added to Paragraph A. of SECTION V - PERSONS OR ENTITIES INSURED: Any person or organization shown in the Schedule above, but only with respect to liability arising out of an Insured's premises or operations. Except as amended in the endorsement, this insurance is subject to all coverages, terms and conditions in the policy to which this endorsement is attached. CAPP PEL 99 10 01 20 Page 1 of 1 POLICY NUMBER: PK1041524 CAPP PEL 99 11 01 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RETROACTIVE DATES AMENDMENT This endorsement modifies the insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY The Retroactive Date shown on PUBLIC ENTITY EXCESS LIABILITY LIMITS OF INSURANCE SCHEDULE is amended as follows: SCHEDULE COUNTY RETROACTIVE DATE Cheyenne County February 16, 1987 Delta County July 1, 1988 Fremont County July 1, 1987 Grand County July 1, 1987 Lake County April 1, 1987 Montrose County July 1, 1987 Weld County January 15, 1986 The Retroactive Date for all Participating Member Counties is July 1, 1986 unless a county is listed with a different retroactive date in the Schedule above. Except as amended in the endorsement, this insurance is subject to all coverages, terms and conditions in the policy to which this endorsement is attached. CAPP PEL 99 11 01 20 Page 1 of 1 POLICY NUMBER: PK1041524 CAPP PEL 99 12 01 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER TERRORIST ACTS This endorsement modifies the insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY This insurance does not apply to: 1. All injury, loss, damage, cost or expense, caused by, resulting from, arising out of or related to, either directly or indirectly, any TERRORIST ACTIVITY as defined herein. This exclusion applies regardless of any other cause or event that in any way contributes concurrently or in any sequence to the injury, loss, damage, cost or expense. A. Definitions for this exclusion: 1) TERRORIST ACTIVITY shall mean any deliberate, unlawful act that: a. Is declared by any authorized governmental. officia.11 ss,) to be orto involve terrorism, terrorism activity or acts o terrorism; or b. Includes, involves or is associated with the use or threatened use of force, violence or harm against any person, tangible or intangible property, the environment or anynatural resources, where the act or threatened act is intended in whole or in part, to: i. Promote or further any political, ideological, philosophical, social, ethnic, racial or religious cause or objective of the perpetrator or any organization, association or group affiliated with the perpetrator; ii. Disrupt, influence, or interfere with any government related operations, activities or policies; iii. Frighten, coerce or intimidate the general public or any segment of thegeneral public; or iv. Disrupt or interfere with a national economy or any segment of a national economy. c. Lnclud.es, involves or is associated with in whole or in part, any of the 9 oiowin ' activities, or the threat e tnereof: i. Sabotage or hijacking of any form of transportation or conveyance, including but not limited to aircraft, train, vessel, motor vehicle, spacecraft or satellite; ii. The use of biological, chemical, radioactive or nuclear agent, material, device or weapon; iii. Hostage taking or kidnapping; iv. The seizure, blockage, interference with, disruption of, or damageto tunnels, roads, streets, highways, or other places of public transportation or conveyance; v. The use of any incendiary device, bomb, firearm or explosive; vi. The injury or assassination of any elected or appointed government official or any government employee; vii. The interference with or disruption of basic public or commercial services and systems; including but not limited to electricity, natural gas, power, postal, communications, CAPP PEL 99 12 01 20 Page 1 of 2 POLICY NUMBER: PK1041524 CAPP PEL 99 12 01 20 telecommunications, information, public transportation,water, fuel, sewer or waste disposal; or viii. The seizure, blockage, interference with, disruption of or damage to any government buildings, functions, tangible or intangible property, institutions,events or other assets. d. Any of the activities listed in Section 1. A. c. above shall be considered TERRORIST ACTIVITY, except where the insured can conclusively demonstrate to us that the foregoing activities or threats thereof were motivated solely by personal objectives of the perpetrator and unrelated, in whole or in part, to any intention to: i. Promote or further any political, ideological, philosophical, racial, ethnic, social or religious cause or objective; ii. Influence, disrupt or interfere with any government related operations, activities or policies; iii. Disrupt or interfere with a national economy or any segments of a national economy; or iv. Frighten, coerce or intimidate the general public or any segment of the general public. 2. All injury, loss, damage, cost or expense, caused by, resulting from, arising out of or related to, either directly or indirectly, a CERTIFIED ACT OF TERRORISM asdefined in the Terrorism Risk Insurance Act of 2002, as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2015 (hereinafter called the ACT). A. Definitions for this exclusion: 1) CERTIFIED ACT OF TERRORISM means any act that is certified by the Secretary of the Treasury of the United States, in accordance with the provisions of the federal Terrorism Risk Insurance Actto: a. Be an act of terrorism pursuant to such act; b. Be a violent act or an act that is dangerous to human life, property or infrastructure; c. Have resulted in damage within the United States or outside of the United States in the case of: i. An air carrier (as defined in 49 U.S.C. § 40102) or vessel based principally inthe United States, on which income tax is paid and whose insurance coverage is subject to regulation in the United States; or ii. The premises of a United States mission; d. Have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion; and e. Have resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act. 3. The terms and limitations of this or any terrorism exclusion, or the inapplicability or omission of this or any terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this policy, such as losses excluded by a Nuclear Hazard Exclusion or a War Exclusion. Except as amended in this endorsement, this insurance is subject to all coverages, terms, and conditions in the policy to which this endorsement is attached. CAPP PEL 99 12 01 20 Page 2 of 2 POLICY NUMBER: PK1041524 CAPP PEL 99 13 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies the insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY The following exclusion is added to SECTION VI - EXCLUSIONS: 44. COMMUNICABLE DISEASE EXCLSUION Any loss, Occurrence, accident, Claim or Suit arising out of or resulting from the potential, actual or alleged transmission or contraction of any communicable disease. This exclusion applies even if the Claims against any Insured allege negligence or other wrongdoing in the: A. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; B. Testing for a communicable disease; C. Failure to prevent the spread of the disease; or D. Failure to report the disease to authorities. Except as amended in the endorsement, this insurance is subject to all coverages, terms and conditions in the policy to which this endorsement is attached. CAPP PEL 99 13 12 20 Page 1 of 1 POLICY NUMBER: PK1041524 CAPP PEL 99 14 01 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LAW ENFORCEMENT ACTIVITIES This endorsement modifies insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY The following exclusion is added to SECTION VI — Exclusions: This policy does not apply to any loss, Damages, Defense Costs or liability for Personal Injury, Bodily Injury or Property Damage Claims, inclusive of any actual or alleged Claims of Sexual Abuse, arising from Law Enforcement Activities. This exclusion does not apply to Automobile Liability arising from Law Enforcement Activities. Law Enforcement Activities means the Insured's activities while acting as an official, officer, auxiliary officer, employee, temporary worker or volunteer of or for a law enforcement agency or department of a Participating Member while performing a law enforcement, investigative or prosecutorial function or the operation of a penal facility. Except as amended in the endorsement, this insurance is subject to all coverages, terms and conditions in the policy to which this endorsement is attached. CAPP PEL 99 14 01 24 Page 1 of 1 POLICY NUMBER: PK1041524 AR MP 20 34 03 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CYBER ATTACK This endorsement modifies insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY The following exclusion is added to SECTION VI — Exclusions: A. Loss of, damage to, or loss of use of Bodily Injury, Personal Injury or Property Damage, and any loss or Claim directly or indirectly caused by or arising out of: (a) Loss, theft, loss of use of, corruption, or inability to access or manipulate tangible or intangible Electronic Data or paper data, whether owned by the Insured or others, and including but not limited to any handheld or portable device with user -generated content; (b) Loss, theft, breach, publication, unauthorized access, disclosure or use, collection or disposal of any person's or organization's tangible or intangible Electronic Data or paper data including but not limited to private, confidential or personal identifying information, medical, financial, employment, health and educational information which triggers any local, state or federal privacy regulations, as well as patents, trade secrets, processing methods or customer lists; (c) Any Claim for return or reimbursement of any sums or monetary value of any electronic fund transfers or transactions which is lost or diminished during the transfer. (d) Any threat or series of threats to commit an intentional act against a computer network or system for purposes of demanding money or other tangible or intangible value from the Insured; (e) Cyberterrorism or any intrusive or disruptive activities against any computer system or network, or the explicit threat to use such activities with the intention to cause harm, by any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s), committed for political, religious or ideological purposes including the intention to influence any government and/or to put the public in fear for such purposes; In no event will this insurance provide coverage for any breach notification; credit, identity and health monitoring and restoration costs; public relations costs; compliance audits, data requests, legal fees; and any local, state, federal or industry or professional organization's investigation, enforcement, remediation or monitoring costs and any fines, penalties, Claims, proceedings or Suits arising directly or indirectly from (a —e) above. "Electronic Data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, cloud computing platforms, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Except as amended in the endorsement, this insurance is subject to all coverages, terms and conditions in the policy to which this endorsement is attached. AR MP 20 34 01 24 Page 1 of 1 POLICY NUMBER PK1041524 AR MP 20 35 03 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANNABIS EXCLUSION AND DEFINITION - WITH EXCEPTIONS This endorsement modifies insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY The following exclusion is added to this policy: Any liability arising out of the production, manufacture, distribution or sale of "Cannabis". The following definition is added to the Definition Section of the Policy: "Cannabis" means any good or product that consists of or contain amounts of Tetrahydrocannabinol (THC) or any other cannabinoid, regardless of whether any such THC or cannabinoid is natural or synthetic. The definition above includes, but is not limited to, any of the following containing such THC or cannabinoid: (1) Any plant of the genus Cannabis L., or any part thereof, such as seeds, stems, flowers, stalks and roots, or (2) Any compound, by-product, extract, derivative, mixture or combination, such as: (a) Resin, oil or wax; (b) Hash or hemp, or (c) Infused liquid or edible cannabis; whether or not derived from any plant or part of any plant set forth in paragraph 1.A. of this definition. Except as amended in the endorsement, this insurance is subject to all coverages, terms and conditions in the policy to which this endorsement is attached. AR MP 20 35 03 22 Page 1 of 1 POLICY NUMBER PK1041524 AR MP 20 54 03 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR, BIOLOGICAL, CHEMICAL OR RADIOLOGICAL EXCLUSION This endorsement modifies insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY This insurance does not apply to any loss, Occurrence, accident, Claim, Suit or Wrongful Act that is caused by, results from, is exacerbated by or otherwise impacted by any of the following: 1. Any use, release, or escape of nuclear materials that results in any type of nuclear reaction or nuclear radiation or radioactive contamination; or 2. Any use, release, dispersal or application of pathogenic biological materials or poisonous chemical materials. Except as amended in the endorsement, this insurance is subject to all coverages, terms and conditions in the policy to which this endorsement is attached. AR MP 20 54 03 22 Page 1 of 1 POLICY NUMBER PK1041524 CAPP PEL 99 15 01 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENTS TO PUBLIC ENTITY EXCESS LIABILITY POLICY FORM CAPP PEL FORM 01-2018 This endorsement modifies insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY 1) It is hereby understood and agreed that SECTION I - INSURING AGREEMENT is deleted and replaced with the following: SECTION I - INSURING AGREEMENT A. The Company will indemnify Colorado Counties Casualty & Property Pool for those sums in excess of the Self -Insured Retention stated in the Declarations which the Insured becomes legally obligated to pay as Damages and Defense Costs because of Automobile Liability, Personal Injury, Property Damage, Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability caused by an Occurrence or Wrongful Act to which this insurance applies. B. This insurance applies to a Claim seeking Damages because of Automobile Liability, Personal Injury, Property Damage, Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability only if: 1. Such Claim is first made against an Insured during the policy period and written notice of such Claim is received by an Insured or the Company, whichever comes first; and 2. In a Claim for Personal Injury for actual or alleged acts of Sexual Abuse: a. Is caused by an Occurrence; and b. First occurred on or after the Retroactive Date stated in the Declarations and c. All Related Occurrences of Sexual Abuse whether acting alone or in concert, shall be deemed one Claim, and shall be considered first made when the first of such Claims is made to the Insured, regardless of: (i) The number of persons alleging Sexual Abuse; (ii) The number of locations where the Sexual Abuse occurred; (iii) The number of acts of Sexual Abuse; or (iv) The period of time over which the Sexual Abuse took place, whether the Sexual Abuse is during, before or after the policy period. However, only acts of Sexual Abuse that take place after the Retroactive Date, shown in the Retroactive Dates Amendment forming a part of this policy, and before the end of the policy period are covered. 3. In a Claim for Automobile Liability, Personal Injury or Property Damage, the Personal Injury or Property Damage: a. Is caused by an Occurrence; and AR MP 20 54 03 22 Page 1 of 7 POLICY NUMBER PK1041524 AR MP 20 54 03 22 b. First occurred on or after the Retroactive Date stated in the Declarations; 4. In a Claim for Public Officials Errors and Omissions Liability, the Wrongful Act or Related Wrongful Acts first occurred on or after the Retroactive Date stated in the Declarations; 5. In a Claim for Employee Benefits Program Administration Liability, the Wrongful Act or Related Wrongful Acts first occurred on or after the Retroactive Date stated in the Declarations. C. This insurance also applies to a Claim seeking Automobile Medical Payments or Premises Medical Payments, but only if: 1. Such Claim is first made against an Insured during the policy period and written notice of such Claim is received by an Insured or the Company, whichever comes first; and 2. The Bodily Injury: a. Is caused by an Occurrence; and b. First occurred on or after the Retroactive Date stated in the Declarations. D. All Claims for Damages arising out of Automobile Liability, Personal Injury, Employee Benefits Program Administration Liability, Public Officials Errors and Omission Liability, Automobile Medical Payments or Premises Medical Payments to the same person or entity as a result of an Occurrence or Wrongful Act, including Claims by any additional persons or e ntities for care, loss of consortium, loss of services or death resulting at any time, will be deemed to have been made at the time the first of those Claims is made against an Insured. E. All Claims for Damages arising out of Property Damage causing loss to the same person or e ntity as a result of an Occurrence will be deemed to have been made at the time the first of those Claims is made against an Insured. F. A Claim will be deemed to have been made when written notice of such Claim is received by any Insured or by us, whichever comes first. All Claims arising out of an Occurrence or Wrongful Act or Related Occurrences or Related Wrongful Acts will be deemed to have been made when the first such Claim was made against any Insured. 2) It is hereby understood and agreed that Section II - DEFENSE COSTS is deleted and replaced with the following: SECTION II - DEFENSE COSTS A. The Colorado Counties Casualty and Property Pool will have the duty to defend all covered Claims. The Company shall have the right, but not the duty, to participate with the Insureds in the defense of any Claim or Suit which is or may be covered under this policy. If the Company e lects to participate with the Insureds in the defense of any Claim or Suit, it will do so at its own expense. B. Defense Costs paid by the Insured will be included within the Insured's Self -Insured Retention and reduce the Self -Insured Retention as stated in the Declarations. C. After the Insured's Self -Insured Retention has been fully satisfied by the Colorado Counties Casualty and Property Pool, the Colorado Counties Casualty and Property Pool will continue to have the duty to defend all covered Claims, but the Company will reimburse the Colorado Counties Casualty and Property Pool for Defense Costs incurred after exhaustion of the Self - Insured Retention. Defense Costs paid by the Company are included in and not in addition to AR MP 20 54 03 22 Page 2of7 POLICY NUMBER PK1041524 AR MP 20 54 03 22 the limits of liability and aggregate limits of liability. 3) It is hereby understood and agreed that SECTION III - LIMITS OF LIABILITY AND SELF -INSURED RETENTION is deleted and replaced with the following: SECTION III - LIMITS OF LIABILITY AND SELF -INSURED RETENTION Regardless of the number of (1) Insureds under this policy, (2) persons or entities who sustain injury or Damages, or (3) Claims made or Suits brought on account of Automobile Liability, Personal Injury, Property Damage, Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability the Company's liability is limited as follows: A. Self -Insured Retention a. The Each Occurrence or Wrongful Act Self -Insured Retention stated in the Declarations is the amount the Insured is responsible for in any one Occurrence or Wrongful Act, before the Company has any obligation to indemnify any of the limits of liability. b. The amount stated in the Declarations as the Self -Insured Retention applicable to each Occurrence or Wrongful Act will be maintained and be the responsibility of the Colorado Counties Casualty and Property Pool. The Self -Insured Retention shall be reduced only by the Colorado Counties Casualty and Property Pool's actual payment of: (i) Defense Costs (ii) Damages; or (iii) Attorney's fees and expenses taxes against an Insured for a Claim otherwise covered by this policy; and the Company has no indemnity obligation under this policy until the amount of the applicable Self -Insured Retention has been fully satisfied by such payments by the Colorado Counties Casualty and Property Pool. The failure of the Colorado Counties Casualty and Property Pool to maintain or pay the Self - Insured Retention, including, but not limited to the insolvency, bankruptcy, liquidation or failure of Colorado Counties Casualty and Property Pool to pay on behalf of its Participating Members, will not obligate the Company to: a. Pay a greater amount than it would have been liable for had the Colorado Counties Casualty and Property Pool paid the Self -Insured Retention; or b. Assume the defense of, or incur any expenses on behalf of, the Insureds under this policy. B. Upon full satisfaction of the Self -Insured Retention, the Company's indemnity obligation is limited to, and not to exceed, the Limits of Insurance in excess of the Self Insured Retention shown in the Declarations for Damages and Defense Costs covered under this policy. The Limits of Insurance as shown in the Declarations is the most that will be paid for Damages and Defense Costs even though it may occur over more than one policy period. The Company's maximum liability for all Damages and Defense Costs resulting from all Claims under this policy will not exceed the Coverage Aggregate Any One Policy Period, Per Member Limit of Insurance specified in the Declarations which is the most the Company will indemnify for Damages and Defense Costs under this Coverage Part during the Policy Period or the All Coverages / All Members Aggregate Any One Policy Period, All Members Combined Limit of Insurance specified in the Declarations which is the most the Company will indemnify for Damages and Defense Costs under this policy during the Policy Period. AR MP 20 54 03 22 Page 3of7 POLICY NUMBER PK1041524 AR MP 20 54 03 22 C. Automobile Liability Limit a. For Automobile Liability caused by any one Occurrence, the Company will indemnify Colorado Counties Casualty & Property Pool for those sums in excess of the Insured's Self -Insured Retention up to the amount stated in the Declarations. b. For Automobile Medical Payments, the limit of liability is Self -Insured, such that the Company has no obligations for Automobile Medical Payments. D. Personal Injury and Property Damage Limit a. For Personal Injury and Property Damage caused by any one Occurrence, the Company will indemnify Colorado Counties Casualty & Property Pool for those sums in excess of the Insured's Self -Insured Retention up to the amount stated in the Declarations. b. For Premises Medical Payments, the limit of liability is Self -Insured, such that the Company has no obligations for Premises Medical Payments. c. Sewer Back -Up Sub -Limit. For Personal Injury and Property Damage caused by any one Occurrence of sewage back-up into a building or buildings (a) from any sewage facility or sanitary sewer that an Insured owns, operates or maintains or (b) arising out of the acts or actions of an Insured, the Company will indemnify Colorado Counties Casualty & Property Pool for those sums in excess of the Insured's Self -Insured Retention up to the amount of the Each Occurrence Sewer Back- Up Sub -Limit stated in the Declarations. The Each Occurrence Sewer Back -Up Sub -Limit is a Sub -Limit of, and not in addition to, the Personal Injury and Property Damage Limit, and is subject to the Aggregate Any One Policy Period, Per Member Limit and the Aggregate Any One Policy Period, All Members Combined. E. Public Officials Errors and Omissions Liability Limit For Public Officials Errors and Omissions Liability caused by any one Wrongful Act, the Company will indemnify Colorado Counties Casualty & Property Pool for those sums in excess of the Insured's Self -Insured Retention up to the amount stated in the Declarations. F. Employee Benefits Program Administration Liability For Employee Benefits Program Administration Liability caused by any one Wrongful Act, the Company will indemnify Colorado Counties Casualty & Property Pool for those sums in excess of the Insured's Self -Insured Retention up to the amount stated in the Declarations. G. Aggregate Limits of Liability This policy is subject to Aggregate limits of liability as stated in the Declarations. 1 The Aggregate limits of liability stated in the Declarations are the maximum amount of the Company's liability for Damages and Defense Costs for all Occurrences or Wrongful Acts during the policy period and apply separately to: a Personal Injury and Property Damage; b Products Liability and Completed Operations Liability; c. Public Officials Errors and Omissions Liability d. Employee Benefits Program Administration Liability Aggregate limits apply separately for each AR MP 20 54 03 22 Page 4of7 POLICY NUMBER PK1041524 AR MP 20 54 03 22 Participating Member. Aggregate limits do not apply to Automobile Liability. 2. The Aggregate limits of liability stated in the Declarations as All Coverages/ All Members Aggregate Any One Policy Period, All Members Combined is the maximum amount of the Company's liability for all Occurrences or Wrongful Acts under this policy, during the policy period H. For the purpose of determining the limit of the Company's liability, all Automobile Liability, Personal Injury or Property Damage Claims arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one Occurrence. For the purposes of determining the limit of the Company's liability, Related Occurrences shall be considered one Occurrence. I. For the purpose of determining the limit of the Company's liability, all Wrongful Acts in Employee Benefits Program Administration Liability or Wrongful Acts in Public Officials Errors and Omissions Wrongful Acts taking place over more than one policy period will be deemed to have taken place during the policy period during which the Claim for Employee Benefits Program Administration Liability or Public Officials Errors and Omissions Liability was first made and only the Limit of Liability for that policy period will apply. For the purposes of determining the limit of the Company's liability, Related Wrongful Acts shall be considered one Wrongful Act. 4) It is hereby understood and agreed that exclusions 34 and 35 of SECTION VI - EXCULSIONS are deleted and replaced with the following: 34. Ski and or Snowboard Facility Any Claim arising out of the operation of any ski and/or snowboard facility, including: a. The ownership, maintenance or use of any premises used in such operation; b. Product Liability arising from products that are distributed in such operation; or c. Anywhere that are related to the operation of such ski and or snowboard facility. However, this exclusion does not apply to cross country ski operations at a premises not normally operated as a full-time ski facility. Nor does it apply to Automobile Liability. 35. Ski and or Snowboard Facility Equipment Rental Any Claim arising out of the rental of ski and or snowboard equipment. However, this exclusion does not apply to rental of ski equipment at a premises not normally operated as a full- time ski facility. 5) It is hereby understood and agreed that the following exclusion is added to SECTION VI - EXCULISIONS: 44. Whitewater Rafting Any Claim arising out of tours, lessons or participation in whitewater rafting events of any kind. 6) It is hereby understood and agreed that conditions 2 and 12 of SECTION VIII - CONDITIONS are deleted and replaced with the following: 2. Insured's Duties in the Event of Occurrence, Wrongful Act or Claim a. In the event of an Occurrence, Wrongful Act or Claim reasonably likely to involve the insurance under this policy, the Colorado Counties Casualty and Property Pool shall give written notice to the Company as soon as practicable. The notice shall contain particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place, and circumstances of the Occurrence, Wrongful Act and Claim, and the names and addresses of any injured or damaged persons or entities and available witnesses. In the event of a Claim, the Insured's notice shall include a copy of any written demands or Suit papers. Page 5of7 POLICY NUMBER PK1041524 AR MP 20 54 03 22 b. Failure to give notice of any Occurrence or Wrongful Act which initially did not appear reasonably likely to involve the insurance under this policy will not prejudice the Colorado Counties Casualty and Property Pool ability to subsequently give notice of a Claim arising from such Occurrence or Wrongful Act, provided that written notice of such Claim is given as soon as practicable following the Colorado Counties Casualty and Property Pool's receipt of such Claim. c. The Colorado Counties Casualty and Property Pool shall give written notice to the Company as soon as practicable, following notice to the Colorado Counties Casualty and Property Pool, of a Claim which involves: (1) All Claims reserved at 50% or more of the Self Insured Retention; (2) Any Claim, Occurrence or Suit which is likely to result in payment by the Company under this policy; (3) All Claims where there has been a settlement demand above the Self Insured Retention and there is a trial, binding arbitration or binding mediation date within 90 days; (4) Death; (5) Brain Damage; (6) Paraplegic or quadriplegic impairment; (7) Loss of eyesight; (8) Third degree burns; (9) Traumatic loss of or surgical amputation of a limb; (10)Class Action Suits; (11)Claims of any actual, attempted or alleged Sexual Abuse; or (12)Any Claims where there is a question as to whether there will be coverage under this policy. d The Insured will cooperate with the Company and upon its request assist in making settlements, in the conduct of Suits and in enforcing any right of contribution or indemnity against any person or entity who may be liable to the Insured; and the Insured will attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall make no commitment to pay or settle any CLAIMS, OCCURRENCES or SUITS where the Company's liability under this Policy is involved without the prior written agreement from the Company. The Company shall not withhold agreement without just cause. In the event that the amount of a proposed settlement becomes known either through trial court judgment or agreement among the Colorado Counties Casualty and Property Pool, the claimant and the Company, then the Colorado Counties Casualty and Property Pool may pay the Damages to the claimant to effect settlement and, upon submission of proof of payment, the Company will indemnify the Colorado Counties Casualty and Property Pool for that part of such payment which is in excess of the Self -Insured Retention. a Notice is to be sent to: Ambridge Partners LLC 1 South Wacker Drive, Suite 2380 Chicago, IL 60606 Email: PENPCIaims@ambridge-group.com Phone: +1 (312) 577-9450 Additionally, the Insured shall provide a claims report to the Company, within ten (10) days AR MP 20 54 03 22 Page 6 of 7 POLICY NUMBER PK1041524 AR MP 20 54 03 22 after the end of each calendar quarter, of all open and closed Claims submitted pertaining to this policy or Self -Insured Retention and which shall contain the following information: Claimant, claim number, date of loss, description of loss, loss paid, Defense Costs paid, loss remaining reserve, Defense Costs remaining reserve, claim status and policy period aggregate Self- Insured Retention reconciliation. 12. Pool Management a. The Colorado Counties Casualty and Property Pool is authorized to act on behalf of all Participating Members and other Insureds in acknowledging the selection or rejection of all coverage options the Company is required to extend including terrorism coverage, automobile medical payment coverage, uninsured motorists coverage and underinsured motorists coverage. b. The Colorado Counties Casualty and Property Pool is authorized to act on behalf of all Participating Members and other Insureds in giving or receiving notice of cancellation or non - renewal or receiving notice of conditional non -renewal. c. The Colorado Counties Casualty and Property Pool is responsible for the payment of premium and will be the payee of any return premiums paid by the Company. All Participating Members are jointly and severally liable and responsible for the payment of all premiums. d. The Colorado Counties Casualty and Property Pool administers all Automobile Medical Payments and Premises Medical Payments coverage and will provide up to $10,000 in Automobile Medical Payments and Premises Medical Payments per person for each Occurrence for each Participating Member. e. The Company shall have no duty to investigate, handle, adjust, settle or defend any Claim, Occurrence, proceeding or Suit against the Colorado Counties Casualty and Property Pool, any Insured, or against any other person or organization for whom Colorado Counties Casualty and Property Pool is, or may be found to be, legally liable, or whom asserts or claims a right of coverage under the policy. These duties shall be the responsibility of the Colorado Counties Casualty and Property Pool. The Company's duty under the policy shall be to indemnify Colorado Counties Casualty and Property Pool for Damages and Defense Costs in excess of the applicable Self Insured Retention, or any other applicable deductible or deduction; and not more than the applicable Limit of Insurance. The Company's duty to indemnify ends when the applicable Limit of Insurance is exhausted by the payment of the Damages, Defense Costs or both of them The Company shall, tender periodic advance payments of amounts in excess of the Self Insured Retention, before the total sum which the Insured is obligated to pay because of Damages or Defense Costs covered under any this policy, is reached; provided that: (i) Only amounts where coverage is not in dispute will be used to compute the partial total sum of loss; and (ii) Only amounts exceeding $100,000 in excess of the Self Insured Retention and not disputed by the Company will be used to compute the partial total sum of loss and will be paid by the Company within 30 days of receipt of all necessary payment support and documentation; and (iii) Any potential RECOVERY source has been identified; has been put on notice if appropriate; and RECOVERY is being aggressively pursued; and (iv) All payments are without prejudice. ARMP20540322 Page7of7 POLICY NUMBER PK1041524 AMB1007042021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U.S. TERRORISM RISK INSURANCE ACT OF 2002 AS AMENDED NOT PURCHASED CLAUSE (AMB1007042021) This Clause is issued in accordance with the terms and conditions of the "U.S. Terrorism Risk Insurance Act of 2002" as amended as summarized in the disclosure notice. It is hereby noted that the Company has made available coverage for "insured losses" directly resulting from an "act of terrorism" as defined in the "U.S. Terrorism Risk Insurance Act of 2002", as amended ("TRIA") and the Insured has declined or not confirmed to purchase this coverage. This Insurance therefore affords no coverage for losses directly resulting from any "act of terrorism" as defined in TRIA except to the extent, if any, otherwise provided by this policy. All other terms, conditions, insured coverage and exclusions of this Insurance including applicable limits and deductibles remain unchanged and apply in full force and effect to the coverage provided by this Insurance. LMA5390 09 January 2020 AMB1007042021 Page 1 of 1 POLICY NUMBER PK1041524 CAPP PEL 99 16 01 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DAMS This endorsement modifies insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY The following exclusion is added to SECTION VI — Exclusions: This policy does not apply to any liability arising out of the flooding, cracking, seepage, accidental discharge, partial or complete structural failure or over -topping of a Dam for which the Insured is legally liable; Dam means any artificial barrier, including, but not limited to, spillways, berms or reservoirs that have the ability to impound water for the purpose of storage and/or control of water that is greater than 25 feet in height with storage capacity of more than 15 acre-feet or greater than 6 feet in height with storage capacity of more than 50 acre-feet. Dam also means levees and any dam classified as high hazard. Except as amended in the endorsement, this insurance is subject to all coverages, terms and conditions in the policy to which this endorsement is attached. CAPP PEL 99 16 01 24 Page 1 of 1 POLICY NUMBER PK1041524 CAPP PEL 99 17 01 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PFAS AND RELATED CHEMICALS This endorsement modifies insurance provided under the following: PUBLIC ENTITY EXCESS LIABILITY POLICY I. The following exclusion is added to SECTION VI — Exclusions: This policy does not insure against: (1) Any liability, loss, damage, cost, expense, Claim, Bodily Injury, Personal Injury or Property Damage or allegations thereof, based upon, arising out of or in any way attributable to PFAS or the PFAS content of any substance or product; or (2) Any loss, cost or expense arising out of or in any way related to: (a) Any request, demand, or statutory, regulatory or legal requirement or any other order that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of PFAS; or (b) Any Claim or Suit brought by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of PFAS. I Solely with respect to this endorsement the following definition is added to SECTION VII - Definitions: PFAS means: (1) Any perfluoroalkyl or polyfluoroalkyl substances in any form, including but not limited to: Perfluorooctane sulfonate (PFOS), Perfluorooctanoic acid (PFOA), Perfluorononanoic acid (PFNA), Perfluorodecanoic acid (PFDA), Perfluorobutane sulfonic acid (PFBS), N-Methyl- perfluorooctane sulfonamido acetic acid (Me-PFOSA-AcOH), Perfluorobutanesulfonate, Perfluorohexane sulfonic acid (PFHxS), Potassium Perfluorobutane Suflonate (PFBS), or ammonium perfluorooctanoate (APFO), GenX, including hexafluoropropylene oxide dimer acid (HFPO-DA); PO -DA); (2) Any substance that, by whatever name known: (a) Has a similar chemical formulary, formation, or structure to any substance listed in paragraph (1) of this definition; (b) Is a derivative of or an intended replacement of any substance listed in paragraph (1) of this definition; (c) Is an associated homologue, isomer, salt, ester, alcohol, acid, or is a related degradation or byproduct, of any substance listed in paragraph (1) of this definition; CAPP PEL 99 17 01 24 Page 1 of 1 POLICY NUMBER PK1041524 CAPP PEL 99 17 01 24 (d) Contains at least one fully fluorinated methyl or methylene carbon atom (without any H/Cl/Br/I atom attached to it); or (e) Had been referred to by chemical structure, name or CAS Number, as a known or suspected PFAS, perfluoroalkyl, or polyfluoroalkyl chemical or substance in any foreign or United States federal, state or local statute, law, regulation, rule or written proposed rule, or governmental bulletin (including but not limited to publications of the United States Environmental Protection Agency) that had been published as of the effective date of this insurance; or (3) Any goods, products, materials, compounds, or substances that actually or allegedly consist of, contain, or are contaminated with any amount of the substances described in paragraphs (1) or (2) of this definition. II. The addition of this endorsement does not imply that other policy provisions, including but not limited to SECTION VI — Exclusions, do not exclude coverage for PFAS related liability. Except as amended in the endorsement, this insurance is subject to all coverages, terms and conditions in the policy to which this endorsement is attached. CAPP PEL 99 17 01 24 Page 1 of 1 V AISlE 4Y4FV4 WORL In ALLIED WORLD ASSURANCE COMPANY (U.S.) INC. 199 Water Street, 24th Floor, New York, NY 10038 • Tel (646) 794-0500 • Fax (646) 794-0611 FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY Policy No: 0313-6790 New/Renewal of: 0313-6790 IN RETURN FOR PAYMENT OF THE MINIMUM AND ADVANCE PREMIUM STATED IN ITEM 7. (a) BELOW, IN RELIANCE UPON THE STATEMENTS IN THE DECLARATIONS BELOW, AND SUBJECT TO THE LIMITS OF INSURANCE, EXCLUSIONS, CONDITIONS AND OTHER TERMS OF THIS POLICY; THE COMPANY AGREES WITH THE NAMED INSURED DESIGNATED IN ITEM 1. (a) BELOW TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ITEM 1: (a) NAMED INSURED: (b) ADDRESS: ITEM 2. DECLARATIONS Colorado Counties Casualty and Property Pool 800 Grant Street, Suite 400 Denver, CO 80203 POLICY PERIOD: From: January 1, 2024 To: January 1, 2025 [12:01 A.M. standard time at the address stated in Item 1. (b) above] ITEM 3. RETROACTIVE DATE: ITEM 4: LIMITS OF THIS INSURANCE: (a) US$5,000,000 (c) US$5,000,000 January 1, 2023 Each Occurrence Limit Other Aggregate Limit (where applicable) ITEM 5: LIMITS OF UNDERLYING EXCESS INSURANCE: U S$6,000,000 U S$6,000,000 Each Occurrence Limit Other Aggregate Limit (where applicable) ITEM 6: FOLLOWED POLICY: SEE SCHEDULE OF UNDERLYING INSURANCE ITEM 7: Company: Policy Number: Coverage: Policy Period: Limits of Liability: U S U S U S From: To: Each Occurrence Limit Products -Completed Operations Aggregate Limit Other Aggregate Limit (where applicable) (a) MINIMUM AND ADVANCE PREMIUM: (b) MINIMUM EARNED PREMIUM: GL 00139 00 (12/11) U S$4,200,000 U S$1,470,000 Page 1 of 2 ITEM 8. NOTICES TO THE COMPANY: (a) All notices of occurrence, claim, suit, or proceeding: (b) All other notices: ITEM 9: (a) Representative of Insured: (b) Address: Date of Issuance: October 4, 2024 ALLIED WORLD ASSURANCE COMPANY (U.S.) INC. ATTN: CLAIMS DEPARTMENT 199 WATER STREET, 29TH FLOOR NEW YORK, NY 10038 FACSIMILE: 646-794-0811 E-MAIL: AWACUS.GeneralCasualtyClaims@awac.com ALLIED WORLD ASSURANCE COMPANY (U.S.) INC. ATTN: GENERAL CASUALTY 199 WATER STREET, 24TH FLOOR NEW YORK, NY 10038 FACSIMILE: 646-794-0611 Risk Placement Services, Inc. 1201 Dove St, Ste 240 Newport Beach, CA 92660 In Witness Whereof, the Insurer has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the Insurer. President GL 00139 00 (12/11) -1)0 Asst. Secretary AUTHORIZED REPRESENTATIVE Page 2 of 2 Policy Number: 0313-6790 Named Insured: Colorado Counties Casualty and Property Pool Effective Date: January 1, 2024 12:01 A.M., Standard Time SCHEDULE OF FORMS AND ENDORSEMENT The following forms and endorsements are made a pad of this Policy: Endorsement Form # / Edition Title Number GL 00139 00 (12/11) AWAC - U.S. Follow -Form Declarations Occurrence - Claims -Made 1 GL 00323 00 (05/09) Schedule of Underlying Insurance 2 00136 (11/05) U.S. Control Treasury ("OFAC") Department's Advisory Office Notice Of To Foreign Policyholders Assets 3 00164 (11/05) Non -Followed Terms and Policy Conditions of the Followed 4 00173 (11/05) Defense Costs Within Limits Endorsement 5 00188 (11/05) Previously Notified Or Known Event Exclusion 6 00195 (11/05) Fungus Or Bacteria Exclusion 7 00205 (11/05) Lead Exclusion 8 00241 (11/05) Asbestos Exclusion 9 00283 (11/05) Total Pollution Exclusion 10 GL 00267 00 (01/15) Exclusion of Certified Acts of Terrorism of Terrorism and Other Acts 11 GL 00275 00 (05/16) Service of Suit 12 GL 00390 00 (07/13) Claims Condition Reporting F. Duties in Amendment the or Event Suit) of (Amendment Occurrence, of Claim 13 GL 00481 00 (05/16) Claims -Made Retroactive Coverage Limitation 14 GL 00482 00 (06/16) Absolute Access, Public Collection Information And Exclusion Disclosure Of Non - 15 GL 00621 00 (07/20) Communicable Disease Exclusion And Infectious Agent 16 GL 00717 00 (07/22) Perfluoroalkyl Or Polyfluoroalkyl Exclusion Substance (PFAS) 17 GL 00727 00 (01/23) Policy Aggregate Limit (Auto Liability Not Included) 18 GL 00731 00 (04/23) Biometric Identifiers, Privacy Biometric Exclusion Information and Data GL 00126 00 (06/07) Policy Form Endorsement No.: 1 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) fortes a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. SCHEDULE OF UNDERLYING INSURANCE Type of Coverage Public Entity Excess Liability - Underwritten by Certain Underwriters at Lloyd's London and other insurers. 50% BRIT 2987 11% Aspen Specialty Ins Co. 3% AXIS Surplus Ins Co., 11% Endurance Specialty Ins Co. 25% United Specialty Insurance Comp. Claims Made Date: 07/01/1986. Non-LEL Coverages Auto Liability, Personal Injury, Public Officials Errors and Omissions Liability, Employee Benefits are Each Occurrence or Each Wrongful Act. $18M Total Policy Aggregate Combined. Defense costs: Erode Do Not Erode The Policy Limits and the Self Insured Retention listed above. Insurer Policy Number Policy Period Ambridge Partners LLC PK1041524 January 1, 2024 - January 1, 2025 Limits of Insurance U S$4,500,000 U S$4,500,000 U S$4,500,000 U S$4,500,000 U S$4,500,000 U S$4,500,000 U S$18,000,000 Which is further excess of U S$1,500,000 Law Enforcement Liability - 1st LEL Claims -Made Policy. Retroactive Dates schedule listed for Each Member. Lexington Insurance Company 038246861-01 January 1, 2024 - January 1, 2025 U S$4,000,000 U S$8,000,000 Which is further excess of U S$1,000,000 Each Occurrence or Each Wrongful Act Public Officials Liability Aggregate Products -Completed Operations Aggregate Employee Benefit Wrongful Act or EPL Wrongful Act Employee Benefits Liability Annual Aggregate Aggregate (Where Applicable) for Each Member (except no Auto Liability Aggregate) Total Aggregate Any One Policy Period — All Coverages / All Members Combined (except no Auto Liability Aggregate) Each Occurrence Self Insured Retention applies to each covered loss for each Occurrence or Wrongful Act Each Wrongful Act Law Enforcement Liability Aggregate Each Occurrence Self Insured Retention GL 00323 00 (05/09) Page 1 of 2 Defense costs: Erode Do Not Erode The Policy Limits and the Self Insured Retention listed above. X Law Enforcement Liability — Claims - Made **In order for this LEL policy to respond, PRU/Lexington LEL $8M Policy Annual Aggregate Must Be Exhausted Within The Policy Term. Law Enforcement Legal Only; Claims - Made Coverage, with scheduled list of retro dates for each member. Defense costs: x Hudson Insurance Company US$4,000,000 AR0017-01 US$8,000,000 January 1, 2024 - January 1, 2025 Erode Do Not Erode The Policy Limits listed above.. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: f Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 Each Wrongful Act Law Enforcement Liability Aggregate GL 00323 00 (05/09) Page 2 of 2 Endorsement No.: 2 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) forms a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of this policy. This Notice provides information concerning the possible impact on this policy's coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site — http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that the Named Insured or any other insured, or any person or entity claiming the benefits of this policy has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this policy will be considered a blocked or frozen contract and all provisions of this policy are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments or premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Allied World Assurance Company (U.S.) Inc. By: Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 00136 (11/05) Page 1 of 1 Endorsement No.: 3 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) forms a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. NON -FOLLOWED TERMS AND CONDITIONS OF THE FOLLOWED POLICY It is agreed that, regardless of any other provision of this policy, in no event will this policy follow any: 1. Liberalization clause, condition or endorsement; 2. Notice requirement for: a) Cancellation, b) Non -renewal; or c) Change in terms or conditions; 3. Service -of -suit clause, condition or endorsement; 4. Crisis -management or crisis -response coverage; 5. Including all UM / UIM coverage. Which forms part of the Followed Policy. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 00164 (11/05) Page 1 of 1 Endorsement No.: 4 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) forms a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. DEFENSE COSTS WITHIN LIMITS ENDORSEMENT I. It is agreed that under Section VI - Definitions, the Definition of loss is deleted and replaced by the following: Loss means: 1. Damages that the insured becomes legally obligated to pay because of injury or damage, after making proper deductions for all recoveries and salvage; and 2. Defense and/or supplementary payments. II. It is further agreed that under Section II - Defense And Supplementary Payments, paragraph C. is deleted in its entirety and replaced by the following: C. Defense and/or supplementary payments made under this policy will reduce the Limits Of Insurance provided by this policy. III. With respect to the underlying limits, the phrase "defense and/or supplementary payments" means: 1. Reasonable attorney fees and other reasonable investigation, loss -adjustment and litigation expenses; 2. The cost of bonds required to: i. Appeal judgments (in connection with the initiation and continuation of any appeal agreed to by any underlying insurer); or ii. Release attachments; But only for bond amounts within the applicable underlying limits. 3. Costs taxed against the insured in a suit or proceeding;Pre-judgment interest on that part of a judgment within the applicable underlying limits. "Defense and/or supplementary payments" do not include any: 1. Attorney fees, litigation expenses, or other loss, cost or expense in connection with any injunction or other equitable relief; 2. Fines or penalties; 3. Salaries or expenses of any insured's or any underlying insurer's employees, directors, managers, members, officers, partners, or workers (whether or not an employee); 4. Consideration owed or paid to any loss - adjusting representative of any insured or any underlying insurer; or 5. Interest that accrues after the entry of a judgment, other than such interest on the part of a judgment that is within the applicable underlying limits in connection with the initiation and continuation of an appeal of such judgment agreed to by the underlying insurer(s). IV. With respect to this policy, the phrase "defense and/or supplementary payments" means any payments made under Section II — Defense And Supplementary Payments of this policy. 00173 (11/05) Page 1 of 2 All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 00173 (11/05) Page 2 of 2 Endorsement No.: 5 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) forms a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. PREVIOUSLY NOTIFIED OR KNOWN EVENT EXCLUSION It is agreed that this policy does not provide coverage for any liability, loss, cost or expense resulting directly, or indirectly, from or arising in whole, or in part, out of: A. Any injury, damage, accident, offense, act, error or omission (collectively referred to below as "Event") of which: 1. Notice has been given, or deemed to have been given, under any other policy or contract of insurance; or 2. The Named Insured was aware; Prior to the Policy Period of this policy; or B. Any continuation, change or resumption of such Event described in A. above during or after the Policy Period of this policy. Regardless of any other provision of this policy, the Named Insured will be deemed to have been aware of such Event if any executive officer of any insured or any manager or equivalent -level employee in any insured's risk management, insurance or law, legal, or general counsel department was aware of such Event (or of any injury or damage arising out of such Event) irrespective of whether or not such person was aware that such Event (or any injury or damage arising out of such Event) was likely to involve this policy. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 00188 (11/05) Page 1 of 1 Endorsement No.: 6 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) forms a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. FUNGUS OR BACTERIA EXCLUSION It is agreed that this policy does not provide coverage for: A. Any liability, loss, cost or expense based upon, resulting directly, or indirectly, from, arising in whole, or in part, out of or in any way involving the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any fungi or bacteria; or B. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, fungi or bacteria, by any insured or by any other person or organization. Fungi mean any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: • CE( Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 00195 (11/05) Page 1 of 1 Endorsement No.: 7 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) fortes a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. LEAD EXCLUSION It is agreed that this policy does not provide coverage for: A. Any liability, loss, cost or expense based upon, resulting directly, or indirectly, from, arising in whole, o r in pad, out of or in any way involving the mining, manufacture, distribution, sale, installation, removal, utilization, ingestion, inhalation or existence of, or exposure to, lead in any form or any products containing lead; or B. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, o r assessing the effects of, lead in any form or any products or materials containing lead, by any insured o r by any other person or organization. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: t Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 00205 (11/05) Page 1 of 1 Endorsement No.: 8 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) forms a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. ASBESTOS EXCLUSION It is agreed that this policy does not provide coverage for: A. Any liability, loss, cost or expense based upon, resulting directly, or indirectly, from, arising in whole, o r in part, out of or in any way involving the mining, manufacture, distribution, sale, installation, removal, utilization, ingestion, inhalation or existence of, or exposure to, asbestos in any form or any products o r materials containing asbestos; or B. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, o r assessing the effects of, asbestos in any form or any products or materials containing asbestos, by any insured or by any other person or organization. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: r. f - f Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 00241 (11/05) Page 1 of 1 Endorsement No.: 9 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) fortes a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. TOTAL POLLUTION EXCLUSION I. It is agreed that this policy does not provide coverage for: A. Any liability, loss, cost or expense resulting directly, or indirectly, from or arising in whole, or in part, out of any actual, alleged or threatened discharge of pollutants; or B. Any loss, cost or expense arising out of any: 1. Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; or 2. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. II. Paragraph I. above applies whether or not such discharge of such pollutants: A. Results from any insured's activities or the activities of any other person or o rganization; B. Is sudden, abrupt, gradual, accidental, u nexpected or unintended; or C. Arises out of, or relates to, industrial o perations or the waste or by-products thereof. As used in this exclusion: A. Discharge means discharge, dispersal, e mission, seepage, migration, release or escape. B. Pollutants means any solid, liquid, gaseous o r thermal irritant, contaminant or toxic or hazardous substance or any substance, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, which may, does, or is alleged to affect adversely the e nvironment, property, persons or animals. C. Waste means all waste and includes, but is not limited to, materials to be discarded, stored pending final disposal, recycled, reconditioned or reclaimed. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 00283 (11/05) Page 1 of 1 Endorsement No.: 10 This Endorsement effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1 (b) of the Declarations) forms a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND OTHER ACTS OF TERRORISM It is agreed that this policy does not provide coverage for any liability, loss, cost or expense resulting directly, or indirectly, from or arising in whole, or in part, out of a certified act of terrorism or an other act of terrorism. Certified act of terrorism means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Other act of terrorism means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals outside of the United States (including its territories and possessions and Puerto Rico) that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act, as now constituted or hereafter amended. With respect to an other act of terrorism, this exclusion applies only when one or more of the following are attributed to such act: a. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, the company will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; b. Fifty (50) or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: 1. Physical injury that involves a substantial risk of death; 2. Protracted and obvious physical disfigurement; or 3. Protracted loss of or impairment of the function of a bodily member or organ; GL 00267 00 (01/15) Page 1 of 2 c. The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; d. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or e. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion, Paragraphs a. and b. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: Lha ede et r f Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 GL 00267 00 (01/15) Page 2 of 2 Endorsement No.: 11 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) fortes a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. SERVICE OF SUIT It is agreed that the following condition is added to Section V — Conditions of this policy: Service Of Suit In the event of failure of the company to pay any amount claimed to be due hereunder, the company, at the request of the insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of the company's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon counsel, Legal Department, Allied World Assurance Company (U.S.) Inc., 199 Water Street, 24th Floor, New York, NY 10038 or his or her representative, and that in any suit instituted against the company upon this policy, the company will abide by the final decision of such court or of any appellate court in the event of an appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefor, the company hereby designates the Superintendent, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or his or her successors in office, as its true and lawful agent upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this policy of insurance and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: t Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 GL 00275 00 (05/16) Page 1 of 1 Endorsement No.: 12 This endorsement, effective: January 1, 2024 (at 12:01 A.M. standard time at the address of the Named Insured as shown in Item 1. (b) of the Declarations) forms a pad of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. CLAIMS REPORTING AMENDMENT (AMENDMENT OF CONDITION F. DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT) It is agreed that this policy is amended as follows: SECTION V - CONDITIONS, Paragraph F. Duties In The Event Of Occurrence, Claim Or Suit is amended to include the following additional provisions: The insured must provide the company with immediate written notice of any claim, either paid or reserved, for twenty—five percent (25%) or more of the applicable limits of underlying excess insurance. The insured must also give the company immediate written notice of any injury of the following types: a. a fatality; b. severe burns; c. traumatic brain injury; d. dismemberment or amputation; e. paralysis; f. loss or impairment of eyesight or hearing; or g. severe scarring. h. a sexual assault or battery, including, but not limited to, rape, molestation or sexual abuse. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 GL 00390 00 (07/13) Page 1 of 1 Endorsement No.: 13 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address of the Named Insured as shown. in Item 1. (b) of the Declarations) forms a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. CLAIMS -MADE RETROACTIVE COVERAGE LIMITATION It is a condition precedent to the rights of any insured under this policy with respect to any: 1. Injury or damage that occurred; 2. Accident that occurred; 3. Offense that was committed; or 4. Act, error, or omission that occurred; (collectively referred to below as "Event") Prior to the Policy Period of this policy that the Named Insured was not aware of such Event prior to 01/01/2023 (referred to below as the "Awareness Date"). Regardless of any other provision of this policy, the Named Insured will be deemed to have been aware of such Event if any executive officer of any insured or any manager or equivalent -level employee in any insured's risk management, insurance or law, legal, or general counsel department was aware of such Event (or of any injury or damage arising out of such Event) irrespective of whether or not such person was aware that such Event (or any injury or damage arising out of such Event) was likely to involve this policy. To the extent any person, described in the paragraph above, was aware, prior to the Awareness Date, of any Event (or of any injury or damage arising out of such Event), then any continuation, change or resumption of such Event (or of any injury or damage arising out of such Event) subsequent to the Awareness Date will be deemed to have occurred, or to have been committed, and to have been known by the Named Insured, prior to the Awareness Date. All other terms and conditions of this policy remain unchanged. By: Joseph Cellura Title: President, North American Casualty Division Date: October 4, 2024 GL 00481 00 (05/16) Page 1 of 1 Endorsement No.: 14 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address of the Named Insured as shown in Item 1. (h) of the Declarations) forms a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. ABSOLUTE ACCESS, COLLECTION AND DISCLOSURE OF NON-PUBLIC INFORMATION EXCLUSION It is agreed that this policy is amended as follows: A. It is agreed that this policy does not provide coverage for bodily injury, property damage, or personal injury and advertising injury or any other loss, injury, damage, cost, expense, liability or legal obligation arising out of, or in any way related to, any: 1. unauthorized access to, or unauthorized collection or use of, non-public information; 2. intentional release or disclosure of non-public information, made by any insured or employee of any insured with unlawful intent or intentionally in violation of any insured's procedures or policies designed to protect the confidentiality of non-public information; or 3. notification expenses, credit monitoring expenses, forensic expenses, public relations expenses, any expenses related to the issuance or re -issuance of any credit, debit or other type of payment card, or any other similar expenses incurred by the insured or others arising out of any access to, collection of, or disclosure or release of non-public information. B. Solely for the purpose of this endorsement, SECTION VI - DEFINITIONS is amended to include the following additional definitions: Electronic data mean information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Non-public information means any person's or organization's private, confidential or personal information in the form of electronic data, including but not limited to, patents, trade secrets, processing methods, customer lists, financial information, credit card information, health or medical information or any other type of information not publicly available. All other terms and conditions of this policy remain unchanged. By: Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 GL 00482 00 (06/16) Page 1 of 1 Endorsement No.: 15 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) fortes a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. COMMUNICABLE DISEASE AND INFECTIOUS AGENT EXCLUSION Notwithstanding any other provision of this policy, it is agreed that this policy does not provide coverage for any liability, loss, injury, damage, cost or expense resulting directly, or indirectly, from or arising in whole, or in part, out of, or relating in any way to: 1. any Communicable Disease or Infectious Agent; or 2. any loss, cost or expense relating to the testing, monitoring, sanitizing, clean-up, removal, containment, treatment, disposal, replacement, rehabilitation of, or responding in any way to, real or personal property due to actual or suspected contamination by a Communicable Disease or Infectious Agent. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing, breach of duty or violation of law in: a. supervising, hiring, employing, training or monitoring of others that may be a host or carrier of an Infectious Agent or infected with a Communicable Disease; b. testing or failure to test for an Infectious Agent or Communicable Disease; c. failure to prevent or limit the spread of an Infectious Agent or Communicable Disease; d. failure to warn or inadequacy of any warnings or instructions related to the actual or potential presence of an Infectious Agent or Communicable Disease; e. failure to report the presence of a known or suspected Infectious Agent or Communicable Disease to a governing authority or organization; or f. any other measures taken in response to the actual or suspected presence of an Infectious Agent or Communicable Disease. Solely for the purpose of this endorsement, SECTION VI - DEFINITIONS is amended to include the following additional definitions: Communicable Disease means any disease, illness or bodily condition caused by the direct or indirect transmission by any means of or exposure to an Infectious Agent. Infectious Agent means any bacteria, virus, toxin, parasite or other organism or biological entity capable of causing a Communicable Disease or exacerbating or accelerating an existing bodily condition or illness. It is understood that to the extent any coverage may otherwise be provided under this policy and its endorsements, the provisions of this exclusion shall be applicable and shall supersede any such other provisions. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. GL 00621 00 (07/20) Page 1 of 2 By: Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 GL 00621 00 (07/20) Page 2 of 2 Endorsement No.: 16 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) forms a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCE (PFAS) EXCLUSION It is agreed that this policy does not provide coverage for any liability, occurrence, loss, cost or expense based upon, arising from, whether directly or indirectly or in whole or in part, in any way involving, related to, or in any way associated with any actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of: 1 polymers or non -polymers of any perfluoroalkyl or polyfluoroalkyl substance ("PFAS"), including, but not limited to, perfluorooctanoic acid ("PFOA"), perfluorooctane sulfonic acid ("PFOS"), or any PFAS replacement compound (such as Gen -X); 2. any additives to any substance or compound described in paragraph 1. above; or 3. any associated salts, precursors, by-products or degradation products of any substance or compound or additive described in paragraphs 1. and 2. above. This exclusion applies regardless of: (i) the source or origin of the PFAS or any other substance or compound described above; and (ii) whether the PFAS or any other substance or compound described above is related to or arises out of any services, work, operations, property, or product of any insured. It is understood that to the extent any coverage may otherwise be provided under this policy and its endorsements, the provisions of this exclusion shall be applicable and shall supersede any such other provisions. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: Title: President, North American Casualty Division Date of Issuance: October 4, 2024 GL 00717 00 (07/22) Page 1 of 1 Endorsement No.: 17 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1 (b) of the Declarations) forms a part of Policy No.: 0313-6790 Issued to: Colorado Counties Casualty and Property Pool By: Allied World Assurance Company (U.S.) Inc. POLICY AGGREGATE LIMIT (AUTO LIABILITY NOT INCLUDED) It is agreed that this policy is amended as follows: The DECLARATIONS, ITEM 4. LIMITS OF THIS INSURANCE is amended to include the following additional limit: $10,000,000 Policy Aggregate Limit SECTION IV - LIMITS OF INSURANCE is amended to include the following additional provision: The Policy Aggregate Limit stated in Item 4. of the Declarations (as amended above) is the most the company will pay for all loss under this policy, except loss arising out of the ownership, maintenance, use or entrustment to others of any auto owned or operated by or rented or loaned to any insured. As used above, use includes operation and loading and unloading. It is understood that to the extent any coverage may otherwise be provided under this policy and its endorsements, the provisions of this endorsement shall be applicable and shall supersede any such other provisions. All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: o L A^ 1 I Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 GL 00727 00 (01/23) Page 1 of 1 Endorsement No.: 18 This Endorsement, effective: January 1, 2024 (at 12:01 A.M. prevailing time at the address stated in Item 1. (b) of the Declarations) forms a part of Policy No: 0313-6790 Issued to: Colorado Counties Casually and Property Pool By: Allied World Assurance Company (U.S.) Inc. BIOMETRIC IDENTIFIERS, BIOMETRIC INFORMATION AND DATA PRIVACY EXCLUSION It is agreed that this policy is amended as follows: A. The following exclusion is added to this policy: This insurance does not apply to any bodily injury, property damage, personal and advertising injury or any other liability, damages, loss, cost or expense arising directly or indirectly out of: 1. any actual or alleged act or omission by any insured or any other person that violates or is alleged to violate any biometric identifier, biometric information or personal information related requirement under any federal, state, local or foreign statute, ordinance or regulation; or 2. any other allegation against any insured involving any actual or alleged biometric identifiers, biometric information or personal information, including but not limited to any actual or alleged violation of common or civil law. B. The exclusion in Paragraph A. above applies: 1. To all acts, omissions or allegations, including but not limited to those involving any access to or collection, capture, purchase, receipt through trade, safeguarding, use, handling, storage, retention, disclosure, printing, publication, redisclosure, dissemination, destruction, disposal, transmittal, communication, distribution, sale, lease or trade of any actual or alleged biometric identifier, biometric information or personal information. 2. Even if: a. the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others if the claims involve an act, omission or allegation described in paragraph A. above; or b. damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, defense expenses or any other loss, cost or expense incurred by any insured or others arising out of an act, omission or allegation described in paragraph A. above. C. Solely for the purpose of this endorsement, the following definitions apply: 1. Biometric identifiers mean an individual's physiological, biological or behavioral characteristics that can be used singly or in combination with each other or with other identifying data to establish individual identity, regardless of how captured, converted, stored or shared. Biometric identifiers include but are not limited to: a. a retina or iris scan, fingerprint, voiceprint or scan or image of the hand, palm, vein patterns or face geometry, voice recordings, keystroke patterns or rhythms, gait patterns or rhythms, sleep, health or exercise characteristics; b. an individual's deoxyribonucleic acid (DNA); and c. any biometric identifiers as set forth in any federal, state, local or foreign statute, ordinance or regulation. Page 1 of 3 GL 00731 00 (04/23) 2 Biometric information means any information, regardless of how it is captured, stored, converted or shared, that is based on an individual's biometric identifier as described in paragraph C.1. above. 3. Personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked to a particular person, household, account or property, including but not limited to: a. identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, password, account name, social security number, driver's license or state identification card number, passport number, telephone number, insurance policy number, employment, employment history, bank account number, credit card number, debit card number or any other financial information, medical information, genetic information or health insurance information or other similar identifiers, characteristics or descriptors; b. commercial information, including records of personal property, products or services purchased, obtained or considered, transactions occurring over a peer -to -peer electronic cash system, or other purchasing or consuming histories or tendencies; c. internet or other electronic network activity information, including but not limited to browsing history, search history and information regarding a person's or household's interaction with an internet website, application or advertisement; d. geolocation data; e. audio, electronic, visual, thermal, olfactory or similar information; f. professional or employment -related information that is not publicly available; g. education information, i.e., information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Section 1232g; 34 CFR Part 99) including any amendments thereto; h. identifiers set forth in any state or federal consumer protection or privacy statute or law, including but not limited to the identifiers shown in Paragraphs a. through g. above; or i. inferences drawn from any of the identifiers shown in Paragraphs a. through h. above to create a profile about a person or household reflecting such person's or household's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities or aptitudes. It is understood that to the extent any coverage may otherwise be provided under this policy and its endorsements, the provisions of this exclusion shall be applicable and shall supersede any such other provisions. Page 2of3 GL 00731 00 (04/23) All other terms and conditions of this policy remain unchanged. Allied World Assurance Company (U.S.) Inc. By: Joseph Cellura Title: President, North American Casualty Division Date of Issuance: October 4, 2024 Page 3 of 3 GL 00731 00 (04/23) POLICYHOLDER DISCLOSURE STATEMENT UNDER THE TERRORISM RISK INSURANCE ACT The insured is hereby notified that under the federal Terrorism Risk Insurance Act, as amended, (the "Act"), the insured has a right to purchase insurance coverage for losses arising out of an Act of Terrorism, as defined in Section 102(1) of the Act. The term "act of terrorism" means any act certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside of the United States in case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The insured should read the Act for a complete description of its coverage. The Secretary's decision to certify or not to certify an event as an Act of Terrorism covered by the Act is final and not subject to review. Coverage provided by this policy for losses caused by a Certified Act of Terrorism may be partially reimbursed by the United States Government under a formula established by federal law. However, the insured's policy may contain other exclusions that might affect coverage, such as an exclusion for nuclear events. Under the formula, beginning on January 1, 2020, the United States Government will generally reimburse 80% of covered terrorism losses exceeding a statutorily established deductible that must be met by the company, and which deductible is based on a percentage of the company's direct earned premiums for the year preceding the Certified Act of Terrorism. Be advised that the Terrorism Risk Insurance Act, as amended, contains a $100 billion cap on all losses resulting from Certified Acts of Terrorism. If aggregate insured losses attributable to Certified Acts of Terrorism exceed $100 billion in a calendar year, the United States Government shall not make any payment for any portion of the amount of such loss that exceeds $100 billion. If aggregate insured losses attributable to Certified Acts of Terrorism exceed $100 billion in a calendar year and the company has met its deductible under the Act, the company shall not be liable for payment of any portion of the losses that exceeds $100 billion, and in such case, insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Coverage for "insured losses" as defined in the Act is subject to the coverage terms, conditions, amounts and limits in this policy applicable to losses arising from events other than Certified Acts of Terrorism. The insured should know that under federal law, the insured is not required to purchase coverage for losses caused by Certified Acts of Terrorism. Please indicate the selection of the insured below. The insured hereby elects to purchase coverage in accordance with the Act for a premium of $126,000.00. The insured hereby rejects coverage and accepts reinstatement of the exclusion in accordance with the Act. Colorado Counties Casualty and Property Pool Signature of Insured 0313-6790 Print/Title Date GL 00117 00 (03/21) Page 1 of 1 ALLIED AV, ASSURANCE a ALLIED WORLD ASSURANCE COMPANY (U.S.) INC. FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY Words and phrases that appear in bold print have special meanings that are defined under Section VI — Definitions of this policy. If the Followed Policy listed in Item 6. of the Declarations has defined a word or phrase, this policy will follow that definition unless this policy expressly defines such word or phrase, in which case the meaning given to such word or phrase in this policy will apply. Please read the entire policy and the Followed Policy listed in Item 6. of the Declarations carefully. SECTION I - INSURING AGREEMENT A. Subject to all the warranties, terms, conditions, exclusions and limitations applicable to this policy, the company shall pay, on behalf of the insured, that part of loss, to which this policy applies, which exceeds the applicable underlying limits. This policy does not provide coverage for any pad of loss within underlying limits, or any related cost or expenses. B. This policy only applies if the triggering event that must happen during the policy period of the Followed Policy happens during the Policy Period, as stated in Item 2. of the Declarations, of this policy. C. This policy does not provide coverage for any: 1. Injury or damage that occurs; 2. Accident that occurs; 3. Offense that was committed; or 4. Act, error or omission that occurs; Before the Retroactive Date, if any, stated in Item 3. of the Declarations of this policy. D. This policy will follow the warranties, terms, conditions, exclusions and limitations that are contained in the Followed Policy listed in Item 6. of the Declarations unless a warranty, term, condition, exclusion or limitation contained in this policy: 1. Differs from a warranty, term, condition, exclusion or limitation of the Followed Policy; or 2. Is not contained in the Followed Policy; In which case, such warranty, term, condition, exclusion or limitation of this policy will apply, to the extent that it provides less coverage than the Followed Policy. E. Regardless of any other warranties, terms, conditions, exclusions or limitations of this policy, if any policy of underlying excess insurance does not cover loss for reasons other than exhaustion of its applicable limit of liability by payment of claims, then this policy will not cover such loss. F. The company has no obligation under this policy with respect to any claim, suit or proceeding settled without its prior written consent. G. If the company is prevented by law from paying on behalf of the insured for coverage provided under this policy, then the company will indemnify the insured. H. Other than as provided under Section II - Defense And Supplementary Payments of this policy, the company will have no other obligation or liability to pay sums or perform acts or services under this policy. S ECTION II - DEFENSE AND S UPPLEMENTARY PAYMENTS S ubject to all the warranties, terms, conditions, exclusions and limitations applicable to this policy: A. The company shall have the right, but not the duty, to assume charge of the investigation, settlement or defense of any claim made, suit brought, or proceeding instituted against any insured upon exhaustion of the applicable underlying limits. If the company has exercised such right, it will not investigate, GL 00126 00 (06/07) Page 1 of 7 settle or defend any claim, suit or proceeding after it has exhausted the applicable Limit Of Insurance of this policy as stated in Item 4. of the Declarations. If the company does not exercise such right, or if the applicable underlying limits are not exhausted, the company will have the right, and will be given the opportunity, to associate effectively with the insured or any underlying insurer, or both, in the investigation, settlement or defense of any claim, suit or proceeding that is likely to involve this policy. In such event, the insured, the underlying insurer, and the company shall cooperate in the investigation, settlement or defense of such claim, suit or proceeding. B. The company will only pay the following defense and supplementary expenses: 1. Interest that accrues on a judgment after entry of the judgment and before the company has paid, offered to pay, or deposited in court the part of the judgment that is within the applicable Limit Of Insurance of this policy; 2. Reasonable attorney fees and other reasonable investigation, loss - adjustment or litigation expenses incurred directly by the company or by the insured, with the company's consent; 3. The cost of bonds required to: i. Appeal judgments (in connection with the initiation and continuation of any appeal agreed to by the company); or ii. Release attachments; But only for bond amounts within the applicable Limit Of Insurance of this policy; and 4. Pre -judgment interest on that pad of a judgment within the applicable Limit Of Insurance of this policy; however, if the company makes an offer to pay the applicable Limit Of Insurance prior to judgment, it will not pay any pre- judgment interest that accrues after its offer. C. When defense or supplementary payments do not reduce any of the underlying limits provided by underlying excess insurance, then any such expense payment made under this policy will not reduce the Limits Of Insurance provided by this policy. SECTION III - WHO IS AN INSURED The following persons and organizations qualify as insureds: A. The Named Insured designated in Item 1. (a) of the Declarations; B. Any person or organization (other than a person or organization included in C. below) qualifying as an insured in every policy of underlying excess insurance and every applicable policy of underlying primary insurance; and C. Any person or organization to whom any person or organization included in paragraph A. or B. above is obligated by virtue of a written contract or written agreement (other than a contract or policy of insurance) to provide insurance such as is afforded by this policy, but: 1. Only if such person or organization qualifies as an insured in every policy of underlying excess insurance and every applicable policy of underlying primary insurance; and 2. Only to the extent of such obligation and no further. SECTION IV - LIMITS OF INSURANCE A. The Limits Of Insurance of this policy stated in Item 4. of the Declarations and the rules below determine the most the company will pay for loss, regardless of the number of: 1. Insureds; 2. Claims made, suits brought, or proceedings instituted; 3. Persons or organizations making claims, bringing suits, or instituting proceedings; 4. Vehicles involved; or 5. Coverages provided under this policy. B. The Limits Of Insurance of this policy will apply only in excess of the underlying limits. C. The Each Occurrence Limit stated in Item 4. (a) of the Declarations is the most the company will pay for loss arising out of any one occurrence. Any amount paid for loss will reduce the amount of the applicable GL 00126 00 (06/07) Page 2 of 7 aggregate Limit Of Insurance of this policy available for any other payment. If the applicable aggregate Limit Of Insurance of this policy has been reduced to an amount that is less than the Each Occurrence Limit stated in Item 4. (a) of the Declarations, the remaining amount of such aggregate Limit Of Insurance is the most that will be available for any other payment. D. Subject to the Each Occurrence Limit stated in Item 4. (a) of the Declarations, the Products -Completed Operations Aggregate Limit stated in Item 4. (b) of the Declarations is the most the company will pay for loss under the products -completed operations hazard, as that hazard is defined in the Followed Policy. E. Subject to the Each Occurrence Limit stated in Item 4. (a) of the Declarations, the Other Aggregate Limit stated in Item 4. (c) of the Declarations is the most the company will pay for loss under this policy, except loss: 1. Included in the products -completed operations hazard, as that hazard is defined in the Followed Policy; or 2. Otherwise covered by the Followed Policy but to which no aggregate limit in the Followed Policy applies, but only if all other underlying excess insurance also does not apply an aggregate limit to such loss. F. Subject to paragraphs C., D., and E. above, if the underlying limits have been reduced by payment of loss to which this policy would also apply (but for the existence of such underlying limits), then this policy will drop down to become immediately excess of the reduced underlying limits, but only if all underlying excess insurance applies to such loss and also drops down. G. Underlying limits will not be reduced by: 1. The insolvency of, or unwillingness to pay by, any insurer; 2. The uncollectibility of any self -insured retention, deductible or other alternative risk -financing mechanism; 3. Any insured's failure to pay any allocation, deductible, participation, retention, or other self-insurance; 4. The existence of a sub -limit of liability in any underlying excess insurance; 5. Cancellation, expiration or recision of any underlying primary insurance or underlying excess insurance; 6. Defense or supplementary expense payments, unless the Schedule Of Underlying Insurance of this policy specifies that the applicable limits of underlying excess insurance are reduced by such payments; or 7. Any underlying excess insurance containing a warranty, term, condition, exclusion or limitation different from the Followed Policy or this policy. H. If after issuance, the Policy Period of this policy, stated in Item 2. of the Declarations, is extended, then the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance of this policy. SECTION V - CONDITIONS A. Appeals The company may, at its option, initiate or continue an appeal of a judgment against any insured if the judgment is for more than the underlying limits. If the company initiates or continues an appeal, it will pay its costs of the appeal subject to Section II — Defense And Supplementary Payments. In no event will the amount the company pays for loss exceed the Limits Of Insurance of this policy. B. Cancellation 1. The first Named Insured designated in item 1. (a) of the Declarations may cancel this policy by mailing or delivering to the company, at the address stated in Item 8. (b) of the Declarations, advance written notice stating when such cancellation is to take effect. 2. The company may cancel this policy by delivering to the first Named Insured, or by mailing to the first Named Insured (by registered, certified, or other first class mail), at the address stated in Item 1. (b) of the Declarations, written notice, not less than thirty (30) days [or ten (10) days in the event any premium is not paid when due], in advance of the cancellation date. Proof of mailing of such notice to the first Named Insured at the address GL 00126 00 (06/07) Page 3 of 7 stated in Item 1. (b) of the Declarations will be sufficient proof of notice. 3. The Policy Period of this policy will end on the date and hour specified in the cancellation notice. 4. If the insured cancels this policy, the company will be due the greater of either; a) The sum of: i. The earned amount of the Minimum And Advance Premium stated in Item 7. (a) of the Declarations; plus ii. 10% of the unearned amount of the Minimum And Advance Premium stated in Item 7. (a) of the Declarations; or b) The Minimum Earned Premium, if any, stated in Item 7. (b) of the Declarations After deduction of the amount due the company as determined above, the remaining amount of any unearned premium previously paid to the company will be returned to the first Named Insured. 5. If this policy is cancelled by the company, then the company shall return the pro rata portion of any unearned premium, previously paid to the company, to the first Named Insured. 6. Payment or tender of any unearned premium by the company will not be a condition precedent to the effectiveness of cancellation, but the company shall make such payment as soon as practicable. The company's check or its representative's check, mailed or delivered to the first Named Insured, will be sufficient tender of any refund due any insured. 7. Any of these provisions that conflict with a law that controls the cancellation of this policy is changed by this paragraph to comply with that law. C. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or change in any part of this policy. This policy can be changed only by a written Endorsement that becomes part of this policy. The Endorsement must be signed by one of the company's authorized representatives. D. Changes In Followed Policy If during the Policy Period of this policy, the warranties, terms, conditions, exclusions or limitations of the Followed Policy are changed in any manner from those in effect on the inception date of this policy, the insured shall, as a condition precedent to its rights under this policy, give to the company at the address stated in Item 8. (b) of the Declarations written notice of the full particulars of such changes as soon as practicable. This policy will follow such changes upon the effective date of the changes in the Followed Policy, but only if: 1. The company agrees to follow such changes by written Endorsement that becomes a part of this policy; 2. The insured agrees to any amendment of the warranties, terms, conditions, exclusions or limitations of this policy required by the company relating to such changes; and 3. The insured pays when due any additional premium required by the company relating to such changes. E. Compliance The company has no duty to provide coverage under this policy unless the Named Insured and any other involved insured have fully complied with all the warranties, terms and conditions of this policy. F. Duties In The Event Of Occurrence, Claim Or Suit 1. The insured shall, as a condition precedent to the obligations of the company under this policy, give written notice as soon as practicable to the company at the address stated in Item 8. (a) of the Declarations of any occurrence, claim, suit or proceeding that involves or is likely to involve underlying excess insurance. Notice to an underlying insurer shall not constitute notice to the company. GL 00126 00 (06/07) Page 4 of 7 2. Without limiting the requirements of paragraph 1. above, the Named Insured shall separately and as soon as practicable give written notice to the company when a payment is made or reserve established for any occurrence, claim, suit or proceeding that has brought the total of all payments and reserves by the insured or any underlying insurers to a level of twenty-five (25%) or more of any of the underlying limits. 3. In the event the underlying limits are exhausted, no insured will, except at that insured's own cost, make any payment, assume any obligation, or incur any expense without the company's consent. 4. If applicable underlying excess insurance imposes any duties, responsibilities, or obligations on any insured in the event of "injury," "damage," "offense," "accident," "disease," "act, error or omission," or such similar event, then the duties specified in this condition will also apply in the event of "injury," "damage," "offense," "accident," "disease," "act, error or omission," or such similar event. With respect to the duties specified in this condition, the word or phrase "injury," "damage," "offense," "accident," "disease," "act, error or omission," or such similar event will have the same meaning that it has with respect to such applicable underlying excess insurance. G. First Named Insured The person or organization first named in Item 1. (a) of the Declarations is responsible for payment of all premiums due under this policy. The first Named Insured will act on behalf of all other insureds for the giving and receiving of any notice of cancellation or nonrenewal and the receiving of any return premiums that become payable under this policy. H. Maintenance Of Underlying Insurance And Underlying Limits The company has issued this policy in reliance upon representations made by the Named Insured about underlying excess insurance, underlying primary insurance, and the underlying limits. The Named Insured must see to it that: 1. Underlying excess insurance and underlying primary insurance are and remain valid and in full force and effect; 2. Underlying excess insurance and underlying primary insurance will not be cancelled, non -renewed, or rescinded without replacement of coverage to which the company agrees in writing; 3. The warranties, terms, conditions, exclusions and limitations of underlying excess insurance and underlying primary insurance will not materially change unless the company agrees in writing otherwise; 4. The warranties, terms, conditions, exclusions and limitations of renewals or replacements of underlying excess insurance will be materially the same as the prior coverage, unless the company agrees in writing otherwise; 5. The underlying limits are and remain available, regardless of any bankruptcy, insolvency or other financial impairment of any insurer or any other person or organization; 6. The underlying limits will not be reduced, except for the reduction by payment of loss to which this policy also would apply but for the existence of such underlying limits. Failure to comply with this condition will not invalidate this policy, but in the case of any such failure, the company's obligation or liability will not exceed that which would have applied absent any failure to comply with this condition. The Named Insured must notify the company as soon as possible if any underlying excess insurance or underlying primary insurance is no longer valid or no longer in full force and effect. I. Other Insurance This policy will apply in excess of all other insurance. GL 00126 00 (06/07) Page 5of7 J. Premium 1. At the beginning of the Policy Period, stated in Item 2. of the Declarations, of this policy, the first Named Insured must pay the company the Minimum And Advance Premium stated in Item 7. (a) of the Declarations for this policy. 2. The Minimum Earned Premium, if any, stated in Item 7. (b) will be deemed to be 100% earned from the inception date of the Policy Period of this policy. 3. The Minimum And Advance Premium is subject to adjustment if: a) The premium of the Followed Policy is adjusted; or b) An Endorsement describing such adjustment is attached to this policy. 4. In no event, however, will the adjusted premium be less than the greater of: a) The Minimum And Advance Premium for this policy stated in Item 7. (a) of the Declarations; or b) The Minimum Earned Premium, if any, stated in Item 7. (b) of the Declarations. K. Representations The company has issued this policy based, and in reliance, upon representations made by the insured and by the insured's representatives to the company. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition, unless an officer (whether or not an employee) of any insured or an officer's designee knows about such hazard or other material information. SECTION VI - DEFINITIONS Company means the company shown in the Declarations that is providing this policy. Insured means a person or an organization qualifying as an insured in Section III — Who Is An Insured of this policy. Loss means damages that the insured becomes legally obligated to pay because of injury or damage, after making proper deductions for all recoveries and salvage. If defense or supplementary payments reduce any of the underlying limits provided by underlying excess insurance, then any defense or supplementary payments made under Section II - Defense And S upplementary Payments of this policy will be included within the meaning of loss and will reduce the Limits Of Insurance of this policy. Other insurance means valid and collectible insurance providing coverage for loss that is covered in whole or in pad by this policy (or that would be covered in whole or in pad by this policy, but for the existence of the underlying limits). However, other insurance does not include underlying excess insurance, underlying primary insurance, or any policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords. Policy means the various sections of this contract as well as the Declarations and any Endorsements and Schedules made a pad of this contract by reference. Triggering event means: 1. With respect to any coverage provided by the Followed Policy on an occurrence basis, when: a) The injury or damage occurs; or b) The offense is committed; As determined by the provisions of such coverage under the Followed Policy; 2. With respect to any coverage provided by the Followed Policy on a claims -made basis, when the claim is first made as determined by the provisions of such coverage under the Followed Policy. U nderlying excess insurance means the insurance described in the Schedule Of U nderlying Insurance of this policy as well as the next applicable renewal or replacement, or any applicable antecedent, of the described insurance. U nderlying primary insurance means any insurance (including the next applicable renewal or replacement, or any applicable antecedent, thereof) that underlies the underlying excess insurance. Underlying primary insurance does not include insurance that is described in the Schedule Of Underlying Insurance of this policy. GL 00126 00 (06/07) Page 6 of7 Underlying limits mean the sum of: 1. The remaining amount of underlying excess insurance, including the remaining amount of any allocation, deductible, participation, retention, or other self-insurance that is included within the limits of underlying excess insurance; 2. The remaining amount of any applicable underlying primary insurance, including the remaining amount of any allocation, deductible, participation, retention, or other self-insurance that is included within the limits of any applicable underlying primary insurance; 3. Any reinstatement of limits or supplemental or other limits available under the insurance described in items 1. and 2. above; 4. Any amounts that any insured must pay because underlying excess insurance or underlying primary insurance, as represented by the insured, is not available for any reason other than reduction or exhaustion of such insurance as specified under paragraph F. of Section III — Limits Of Insurance; 5. Any applicable other insurance; 6. The remaining amount of any applicable self - insured retention, deductible or other alternative risk -financing mechanism, which immediately underlies the underlying excess insurance and which is not included within the limits of underlying excess insurance or underlying primary insurance; and 7. The remaining amount of any applicable self - insured retention, deductible or other alternative risk -financing mechanism, which underlies the underlying primary insurance and which is not included within the limits of underlying primary insurance. GL 00126 00 (06/07) Page 7 of 7 Hello