backgroundchecks helpingyoubuildabetterteamkr-sp-1 04/07 policy no. declarations extension the named...

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CG P 016 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 2

COMMERCIAL GENERAL LIABILITYCG P 016 05 14

GENERAL LIABILITY ACCESS OR DISCLOSURE OFCONFIDENTIAL OR PERSONAL INFORMATION

EXCLUSIONS

ADVISORY NOTICE TO POLICYHOLDERS

This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed toreplace any provision of your policy. You should read your policy and review your Declarations page for completeinformation on the coverages you are provided. If there is any conflict between the Policy and this Notice, THEPROVISIONS OF THE POLICY SHALL PREVAIL.

Carefully read your policy, including the endorsements attached to your policy.

This Notice provides information concerning the following new endorsements, which applies to your renewalpolicy being issued by us:

CG 21 06 05 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability – With Limited Bodily Injury Exception (For Use With The Commercial General LiabilityCoverage Part)

When this endorsement is attached to your policy:

• Under Coverage A – Bodily Injury And Property Damage Liability, coverage is excluded for damagesarising out of any access to or disclosure of confidential or personal information. This is a reinforcementof coverage.

• Under Coverage B – Personal And Advertising Injury Liability, coverage is excluded for personal andadvertising injury arising out of any access to or disclosure of confidential or personal information. To theextent that any access or disclosure of confidential or personal information results in an oral or writtenpublication that violates a person's right of privacy, this may result in a reduction in coverage.

CG 21 07 05 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability – Limited Bodily Injury Exception Not Included (For Use With The Commercial GeneralLiability Coverage Part)

When this endorsement is attached to your policy:

• Under Coverage A – Bodily Injury And Property Damage Liability, coverage is excluded for damagesarising out of any access to or disclosure of confidential or personal information. This is a reinforcementof coverage. However, when this endorsement is attached, it will result in a reduction of coverage due tothe deletion of an exception with respect to damages because of bodily injury arising out of loss of, lossof use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.


of 2 © Insurance Services Office, Inc., 2013 CG P 016 05 14

CG 21 08 05 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information (Coverage BOnly) (For Use With The Commercial General Liability Coverage Part)

When this endorsement is attached to your policy, coverage is excluded for personal and advertising injury arisingout of any access to or disclosure of confidential or personal information. To the extent that any access ordisclosure of confidential or personal information results in an oral or written publication that violates a person'sright of privacy, this may result in a reduction in coverage.

CG 04 37 – Electronic Data Liability (For Use With The Commercial General Liability Coverage Part)

With respect to damages arising out of access or disclosure of confidential or personal information, when thisendorsement is attached to your policy:

• Under Coverage A – Bodily Injury And Property Damage Liability, coverage is excluded for damagesarising out of any access to or disclosure of confidential or personal information. This is a reinforcementof coverage.


CG 33 53 05 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability – With Limited Bodily Injury Exception (For Use With The Owners And ContractorsProtective Liability Coverage Part and Products/Completed Operations Coverage Part)

When this endorsement is attached to your policy, coverage is excluded for damages arising out of any access toor disclosure of confidential or personal information. This is a reinforcement of coverage.

CG 33 59 05 14 – Exclusion – Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability – Limited Bodily Injury Exception Not Included (For Use With The Owners AndContractors Protective Liability and Products/Completed Operations Liability Coverage Parts)

When this endorsement is attached to your policy, coverage is excluded for damages arising out of any access toor disclosure of confidential or personal information. This is a reinforcement of coverage.

However, when this endorsement is attached, it will result in a reduction of coverage due to the deletion of anexception with respect to damages because of bodily injury arising out of loss of, loss of use of, damage to,corruption of, inability to access, or inability to manipulate electronic data.

CG 33 63 – Exclusion – Access, Disclosure Or Unauthorized Use Of Electronic Data (For Use With The Electronic Data Liability Coverage Part)

With respect to damages arising out of access or disclosure of confidential or personal information, when thisendorsement is attached to your policy coverage is excluded for damages arising out of any access to ordisclosure of confidential or personal information. This is a reinforcement of coverage.

However, to the extent that damages arising out of theft or unauthorized viewing, copying, use, corruption,manipulation or deletion, of electronic data by any Named Insured, past or present employee, temporary workeror volunteer worker of the Named Insured may extend beyond loss of electronic data arising out of such theft orthe other listed items, this revision may be considered a reduction in coverage.

04/22/15

NOTICE: THESE POLICYFORMS AND THEAPPLICABLE RATES AREEXEMPT FROM THEFILING REQUIREMENTSOF THE NEW YORKINSURANCE LAW ANDREGULATIONS.HOWEVER, THE FORMSAND RATES MUST MEETTHE MINIMUMSTANDARDS OF THENEW YORK INSURANCELAW ANDREGULATIONS.

2-22002

KR-D-1-NY 04/10

Home OfficeMadison, Wisconsin

Administrative Office:8877 North Gainey Center Drive • Scottsdale, Arizona 85258

1-800-423-7675A STOCK COMPANY

COMMON POLICY – DECLARATIONS

Policy No.Previous Policy No.

NAMED INSURED AND ADDRESS: PRODUCER’S NAME AND ADDRESS:K&K Insurance1712 Magnavox WayP.O. Box 2338Fort Wayne, IN 46801

POLICY PERIOD: From toat 12:01 a.m. Standard Time at your mailing address shown above.

BUSINESS DESCRIPTION:In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide theinsurance as stated in this policy.

This policy consists of the following coverage parts and separate policies for which a premium is indicated. This premiummay be subject to adjustment.

PREMIUM

Commercial Property Coverage PartCommercial General Liability Coverage PartCommercial Inland Marine Coverage PartCommercial Crime Coverage PartCommercial Auto Coverage PartLiquor Liability Coverage PartEmployee Benefits LiabilityErrors and Omission Coverage PartEmployment-Related Practices Liability

Minimum PremiumTOTAL PREMIUM

FORMS APPLICABLE TO ALL COVERAGE PARTS:

COUNTERSIGNED by:DATE AUTHORIZED REPRESENTATIVE

KEO0000005273400 KEO0000004232700

NEW YORK STATE (SEE KR-SP-1) PO BOX 1040 PINE BUSH, NY 12566-1040

04/22/15 04/22/16

SNOWMOBILE ASSOCIATION

Included

$ 10,000

See KR-GL-60

UT-COVPG-NY(03/13) KR-SP-1(04/07) IL0017(11/98) IL0023(07/02) IL0268(01/14) UT-131G(03/92)

UT-COVPG-NY (3-13)

Home Office:Madison, WisconsinAdministrative Office:

8877 North Gainey Center Drive • Scottsdale, Arizona 852581-800-423-7675

A STOCK COMPANY

NOTICE:THESE POLICY FORMS AND THE APPLICABLE RATES AREEXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORKINSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMSAND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEWYORK INSURANCE LAW AND REGULATIONS.

In Witness Whereof, the Company has caused this policy to be executed and attested.

Secretary President

The information contained herein replaces any similar information contained elsewhere in the policy.

IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1

POLICY NUMBER: IL 00 17 11 98

COMMON POLICY CONDITIONS

All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in theDeclarations may cancel this policy by mailing ordelivering to us advance written notice ofcancellation.

2. We may cancel this policy by mailing or deliveringto the first Named Insured written notice ofcancellation at least:

a. 10 days before the effective date ofcancellation if we cancel for nonpayment ofpremium; or

b. 30 days before the effective date ofcancellation if we cancel for any other reason.

3. We will mail or deliver our notice to the firstNamed Insured's last mailing address known tous.

4. Notice of cancellation will state the effective dateof cancellation. The policy period will end on thatdate.

5. If this policy is cancelled, we will send the firstNamed Insured any premium refund due. If wecancel, the refund will be pro rata. If the firstNamed Insured cancels, the refund may be lessthan pro rata. The cancellation will be effectiveeven if we have not made or offered a refund.

6. If notice is mailed, proof of mailing will besufficient proof of notice.

B. Changes

This policy contains all the agreements between youand us concerning the insurance afforded. The firstNamed Insured shown in the Declarations isauthorized to make changes in the terms of this policywith our consent. This policy's terms can be amendedor waived only by endorsement issued by us andmade a part of this policy.

C. Examination Of Your Books And Records

We may examine and audit your books and recordsas they relate to this policy at any time during thepolicy period and up to three years afterward.

D. Inspections And Surveys

1. We have the right to:

a. Make inspections and surveys at any time;

b. Give you reports on the conditions we find;and

c. Recommend changes.

2. We are not obligated to make any inspections,surveys, reports or recommendations and anysuch actions we do undertake relate only toinsurability and the premiums to be charged. Wedo not make safety inspections. We do notundertake to perform the duty of any person ororganization to provide for the health or safety ofworkers or the public. And we do not warrant thatconditions:

a. Are safe or healthful; or

b. Comply with laws, regulations, codes orstandards.

3. Paragraphs 1. and 2. of this condition apply notonly to us, but also to any rating, advisory, rateservice or similar organization which makesinsurance inspections, surveys, reports orrecommendations.

4. Paragraph 2. of this condition does not apply toany inspections, surveys, reports orrecommendations we may make relative tocertification, under state or municipal statutes,ordinances or regulations, of boilers, pressurevessels or elevators.

E. Premiums

The first Named Insured shown in the Declarations:

1. Is responsible for the payment of all premiums;and

2. Will be the payee for any return premiums we pay.

F. Transfer Of Your Rights And Duties Under ThisPolicy

Your rights and duties under this policy may not betransferred without our written consent except in thecase of death of an individual named insured.

If you die, your rights and duties will be transferred toyour legal representative but only while acting withinthe scope of duties as your legal representative. Untilyour legal representative is appointed, anyone havingproper temporary custody of your property will haveyour rights and duties but only with respect to thatproperty.

KEO0000005273400

KR-SP-1 04/07

Policy No. Declarations ExtensionKEO0000005273400

The Named Insured, wherever it may appear throughout the policy, shall read as follows:

New York State Snowmobile Association, Inc. member clubs who are in good standing in

accordance with the New York State Snowmobile Association, Inc. during the policy period

while participating in events and/or activities that are approved in advance and

conducted by the club. In order for an event to be considered a club event/activity must

be approved in advance of the event/activity by the club. STEP Trainers are included as

named insured but only while acting in their capacity as such with respect to work

performed on behalf of New York State Snowmobile Association, Inc.

Thousand Islands Snowmobile Club Inc.

The Whitehall Railriders Snowmobile Club, Inc.

Adirondack Snowdrifters

Adirondack Trailriders

Algonquin Sno-Blazers Inc.

Ashford Snowmobile Club Inc.

Barnes Corners Sno-Pals Inc.

The Barnstormers Snowmobile Club (Kingsbury)

Battenkill Snowdrifters Inc.

B.C. Sno Riders

Bleecker Snow Rovers Inc.

Boondockers Snowmobile Club

Border Riders Snowmobile Club

Brantingham Snowmobile Club Inc.

B.R.A.S.S.

Caledonia Trailblazers Snowmobile Club

Camillus Snowmobile Club

Can/Am Border Riders

Canadarago Snowtopper Association Inc.

Candor Valley Riders

Cato Trail Blazers Inc.

Catskill Mountain Sno-Riders Inc.

Snow Bounders Inc.

Cave Country Riders Inc.

Central Catskill Trail Association

Charlton Snowmobile Club

Chautauqua Lake Snowmobile Club Inc.

Chenango Sno Riders

Cherry Creek Sno-Goers Inc.

Childwold Sno Packers Inc.

Colden Trail Riders

Columbia County Sno Drifters

Country Trailblazers

Cranberry Lake Mountaineers Snowmobile Club Inc.

Delaware Valley Ridge Riders

Delaware-Otsego-Chenango Snowriders (DOCS)

Dryden Caroline Drifters Inc.

Galway Trailmasters Snowmobile Club Inc.

East Herkimer Sno-Riders Inc.

Eden Trailblazers Snowmobile Club Inc.

Elibomwons Snowmobile Club

Ellery Sno Cruisers

Enchanted Mountains Border RIders

KR-SP-1 04/07

Policy No. Declarations Extension


KEO0000005273400

Exeter Trail Blazers, Inc.

EZ Riders Snowmobile Club, Inc.

Fingerlakes Trail Runners, Inc.

Fingerlakes Snowmobile Club

Folsom Trailblazers Snowmobile Club, Inc.

Forest Preserve Users, Inc.

Franklinville Snow Sled Club, Inc.

Frontier Sno Riders, Inc.

Fulton Area Snow Travelers, Inc.

Genesee Sno-Packers

Grand Island Snowmobile Club

SnoBlazers

Greenwood Lake Snow-Ballers

Hamburg Snowmobile Club, Inc.

Hamden Hill Ridge Riders

Hartford Ridge Riders

Heldeberg Ridge Runners

Henrietta Hill & Gully Riders

Hill & Valley Riders, Inc.

Hilton Sno Flyers

Holland Sno-Rascals

Horseheads Snowmobile Club, Inc.

Ilion Snowdrifters

Indian Lake Snowarriors

Inlet Barnstormers Snowmobile Club, Inc.

Baldwinsville Snow Riders

Kaaterskill Snowmobile Association

Kasoag Trailblazers

LaFayette Trail Riders, Inc.

Lake Effect Trail Breakers

Lake Placid Snowmobile Club

Lakeshore Snow Devils

Long Island Sno-Seekers

Long Pond Sno Sled Club, Inc.

Lost Trail Snowmobile Club, Inc.

Marathon Snowdusters Club, Inc.

Marcellus Snowmobile Club, Inc.

Marilla Sno-Mob Snowmobile Club, Inc.

Maywood Snow Riders

Mexico Trail Riders, Inc.

Milford Sno-Trekkers, Inc.

Minerva Snow Travelers

Missing Link Snowmobile Club

Mohawk Valley Sno-Bobbers, Inc.

Ful-Mont Snow Travelers, Inc.

Moonlight Riders Snowmobile Club, Inc.

Moonlighter Snowmobile Club

Mountain Lakers Snowmobile Club

Mountain Lions Snowmobile Club

Mountain Top Snow Travelers

Mulleyville Trail System Snowmobile Club, Inc.

Mystery lake Trail Riders, Inc.

Newcomb Snowmobile Club

KR-SP-1 04/07



KEO0000005273400

Nick Stoner Trailers

Northern Adirondack Trailbreakers Snowmobile Club

Northern Erie Sno Seekers, Inc.

Northern Star Riders Snowmobile Club

Northern Tier Sno-Runners, Inc.

Northern Warren Trailblazers

Oatka Valley Snowmobile Association

Ohio Ridge Riders Snowmobile Club

Oppenheim Trail Blazers

Orleans County Snowdrifters

Osceola Snowmobile Assn.

O-T-GO Sno-Goers, Inc.

Otsego Snow Travelers, Inc.

Penn Mountain Snow Riders

Pioneer Sno Surfers of Sardinia

Pleasant Riders Snowmobile Club

Poor Folks Snowmobile Club

Pulaski-Boylston Snowmobile Club, Inc.

Punchlock Travelers, Inc.

Redfield Snowmobile Association, Inc.

Rensselaer County Snowriders

Ridge Riders Snowmobile Club

Ridgerunners Snowmobile Club of Middleburgh

Rock Tavern Sno Riders

Sacandaga Snowmobile Club

Salisbury Ridgerunners Snowmobile Club, Inc.

Scio-Amity Pathfinders

Seven Valley Snow Goers, Inc.

Sharon Pathfinders, Inc.

SHASTA

Shawangunk Snowmobile & Rescue Club, Inc.

Shawnee Sno Chiefs

Shu-Maker Mountain Climbers

Sleds of Stafford

Bath Sno-Flakes Club

Snow Owls, Inc.

Snowrats Snowmobile Club, Inc.

South Shore Trailblazers, Inc.

South Warren Snowmobile Club, Inc.

Southern Adirondack Snowmobile Assoc., Inc.

Southern Tier Snow Drifters, Inc.

Southern Tug Hill Sno-Riders, Inc.

Spencer-VanEtten Snowmobile Club, Inc.

Square Valley Trail Blazers

St. Lawrence County Snowmobile Association

Sterling Trail Tamers

Snowdrifters of Stratford, Inc.

Sullivan County Trail Association, Inc.

Summit Sno Riders, Inc.

Snow Valley Riders, Inc.

T.C. Riders Snowmobile Club, Inc.

Taberg Trail blazers

Tawaeri Taqui Trailblazers Snowmobile Club

KR-SP-1 04/07



KEO0000005273400

Friendly Snowmobile Club

Thurman Connection Snowmobile Club, Inc.

Tioga Ridge Runners

Toad Hollow Trailriders

Town of Florida Snowmobile Club

Moriah Snowmobile Club

Trackside Blazers Snowmobile Club

Trail Tamers

Trailbusters Snowmobile Club, Inc.

Trail Finders Snowmobile Club, Inc.

Trailgroomers

Tri Town Trailblazers Snowmobile Club, Inc.

Tri-County Drift Hoppers, Inc.

Tri-Lakes Snowmobilers, Inc.

Tri-Valley Trail Riders, Inc.

Truxton Snowmobile Club, Inc.

Tully Trailblazers

Twin Lakes Snowmobile Association

Valley Snow Travelers of Lewis County

Vanderbilt Snowmobile Club

CNY Snow Travelers, Inc.

Webster Ridge Runners, Inc.

Weedsport Winter Wanderers

West Canada Trailriders

West Rome Riders, Inc.

Western NY Snowmobile Club of Boston, Inc.

Williamson Driftriders

Yates Snow Travelers Association, Inc. (YASTA)

Trail Hounds

Port Byron Snow Panthers

Turin Ridge Riders, Inc.

Salmon Creek Snowmobile Club

Unadilla Valley Snow Drifters

Schroon Lake/North Hudson Snowmobile Club

X-County Trailriders Snowmobile Club

Lincoln Mountain Snowmobile Club

Hoosick Trailmasters

Southern Orleans Trailblazers

Winona Forest Recreation Association

Sunset Drifters Snowmobile Club, Inc.

Lehigh Valley Snow Riders

Grafton Trail Blazers, Inc.

Portville Snowmobile Club, Inc.

Greene Driftriders

Edmeston Panther Trax

Edwards Snowmobile Club

Hermon Sledders

Dairyland Snowmobile Club

Northern Washington County Trail Blazers

Black River Raiders

Sno-Skippers, Inc.

Deerfield Snow Trails Inc.

Hudson Valley Snowmobile Club

KR-SP-1 04/07



KEO0000005273400

Ten Towns Snowmobile Club

Alma Ridge Runners, Inc.

Southern Tier Snow Riders

Angelica Snowdrifters

Allegany County Trailblazers Bolivar Chapter

Centerville Hill Riders

Cuba Driftbusters

Fillmore Winter Warriors

Rushford Snowmobile Club

Wellsville/Andover Touring Club

Whitesville Association of Snowmobilers

North Wind Riders, Inc.

Tupper Lake Snowmobile Club

Chittenango Polar Bears Snowmobile Club

Moira Trail Breakers

Stephentown Trail Riders

D&D Snowdiggers Inc.

Ridge Runners Snowmobile Club of Groton, Inc.

Grasse River Groomers

West Fulton Snowmobile Club, Inc.

Hague Sno-Goers, Inc.

Oriska Sno-Drifters, Inc.

Pendleton Snowmobile Club

Big Valley Tail Breakers Snowmobile Club, Inc.

Quad County Snowmobile Club, Inc.

Royal Mountain Moonlighters

New York State Snowmobile Association

Franklin Snowmobilers, Inc.

Seneca Sledders

D.R.A.G. of Speculator

Allegany County Federation of Snowmobilers

Cattaraugus County Snowmobile Federation

Cayuga County Snowmobile Association

Chautauqua County Snowmobile Federation

Chenango County Snowmobile Federation

Delaware Federation of Snowmobile Clubs

Erie County Federation of Snowmobile Clubs

Franklin Snowmobilers, Inc.

Gateway to the Adirondacks Trail & Snowmobile Assn., Inc.

Genesee County Snowmobile Association

Herkimer County Trail & Trade Assoc.

Lewis County Area Snowmobile Assoc.

Madison County Association of Snowmobile Clubs

Montgomery County: Mohawk Valley Snowclub, Inc.

Niagara County Federation

Oneida County Area Snowmobile Assoc.

Onondaga County Snowmobile Association

Orleans County Federation of Snowmobile Clubs

Oswego County Snowmobile Association, Inc.

Otsego County Snowmobile Association c/o Mary O'Connor

Saratoga County Snowmobile Association

Southern Tier Snowmobile Trails Assoc.

St. Lawrence County Snowmobile Association

KR-SP-1 04/07



KEO0000005273400

Warren County Assoc. of Snowmobile Clubs, Inc.

Washington County Assoc. of Snowmobile Clubs

Wayne County Snowmobile Federation

Wyoming County Snowmobile Federation

IL 00 23 07 02 © ISO Properties, Inc., 2001 Page 1 of 2


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NUCLEAR ENERGY LIABILITY EXCLUSIONENDORSEMENT

(Broad Form)

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PARTFARM COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTSPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OFTRANSPORTATION

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily injury" or"property damage":

(1) With respect to which an "insured" under thepolicy is also an insured under a nuclear en-ergy liability policy issued by Nuclear EnergyLiability Insurance Association, Mutual AtomicEnergy Liability Underwriters, Nuclear Insur-ance Association of Canada or any of theirsuccessors, or would be an insured under anysuch policy but for its termination upon ex-haustion of its limit of liability; or

(2) Resulting from the "hazardous properties" of"nuclear material" and with respect to which(a) any person or organization is required tomaintain financial protection pursuant to theAtomic Energy Act of 1954, or any law amen-datory thereof, or (b) the "insured" is, or hadthis policy not been issued would be, entitledto indemnity from the United States of Amer-ica, or any agency thereof, under any agree-ment entered into by the United States ofAmerica, or any agency thereof, with any per-son or organization.

B. Under any Medical Payments coverage, to ex-penses incurred with respect to "bodily injury" re-sulting from the "hazardous properties" of "nuclearmaterial" and arising out of the operation of a "nu-clear facility" by any person or organization.

C. Under any Liability Coverage, to "bodily injury" or"property damage" resulting from "hazardousproperties" of "nuclear material", if:

(1) The "nuclear material" (a) is at any "nuclearfacility" owned by, or operated by or on behalfof, an "insured" or (b) has been discharged ordispersed therefrom;

(2) The "nuclear material" is contained in "spentfuel" or "waste" at any time possessed, han-dled, used, processed, stored, transported ordisposed of, by or on behalf of an "insured"; or

(3) The "bodily injury" or "property damage"arises out of the furnishing by an "insured" ofservices, materials, parts or equipment inconnection with the planning, construction,maintenance, operation or use of any "nuclearfacility", but if such facility is located within theUnited States of America, its territories orpossessions or Canada, this exclusion (3) ap-plies only to "property damage" to such "nu-clear facility" and any property thereat.

2. As used in this endorsement:

"Hazardous properties" includes radioactive, toxic orexplosive properties.

"Nuclear material" means "source material", "Specialnuclear material" or "by-product material".

KEO0000005273400

of 2 © ISO Properties, Inc., 2001 IL 00 23 07 02

"Source material", "special nuclear material", and "by-product material" have the meanings given them in theAtomic Energy Act of 1954 or in any law amendatorythereof.

"Spent fuel" means any fuel element or fuel compo-nent, solid or liquid, which has been used or exposedto radiation in a "nuclear reactor".

"Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes pro-duced by the extraction or concentration of uranium orthorium from any ore processed primarily for its"source material" content, and (b) resulting from theoperation by any person or organization of any "nu-clear facility" included under the first two paragraphs ofthe definition of "nuclear facility".

"Nuclear facility" means:

(a) Any "nuclear reactor";

(b) Any equipment or device designed or used for (1)separating the isotopes of uranium or plutonium,(2) processing or utilizing "spent fuel", or (3) han-dling, processing or packaging "waste";

(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 inthe custody of the "insured" at the premises wheresuch equipment or device is located consists of orcontains more than 25 grams of plutonium or ura-nium 233 or any combination thereof, or morethan 250 grams of uranium 235;

(d) Any structure, basin, excavation, premises orplace prepared or used for the storage or disposalof "waste";

and includes the site on which any of the foregoing islocated, all operations conducted on such site and allpremises used for such operations.

"Nuclear reactor" means any apparatus designed orused to sustain nuclear fission in a self-supportingchain reaction or to contain a critical mass of fission-able material.

"Property damage" includes all forms of radioactivecontamination of property.

IL 02 68 01 14 © Insurance Services Office, Inc., 2013 Page 1 of 5



NEW YORK CHANGES – CANCELLATIONAND NONRENEWAL


CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL INLAND MARINE COVERAGE PARTCOMMERCIAL PROPERTY COVERAGE PARTCRIME AND FIDELITY COVERAGE PARTEQUIPMENT BREAKDOWN COVERAGE PARTFARM COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraphs 1., 2., 3. and 5. of the CancellationCommon Policy Condition are replaced by thefollowing:

1. The first Named Insured shown in theDeclarations may cancel this entire policy bymailing or delivering to us advance written noticeof cancellation.

2. Cancellation Of Policies In Effect

a. 60 Days Or Less

We may cancel this policy by mailing ordelivering to the first Named Insured writtennotice of cancellation at least:

(1) 30 days before the effective date ofcancellation if we cancel for any reasonnot included in Paragraph A.2.b. below.

(2) 15 days before the effective date ofcancellation if we cancel for any of thereasons included in Paragraph A.2.b.below.

b. For More Than 60 Days

If this policy has been in effect for more than60 days, or if this policy is a renewal orcontinuation of a policy we issued, we maycancel only for any of the reasons listedbelow, provided we mail the first NamedInsured written notice at least 15 days beforethe effective date of cancellation:

(1) Nonpayment of premium, providedhowever, that a notice of cancellation onthis ground shall inform the first NamedInsured of the amount due;

(2) Conviction of a crime arising out of actsincreasing the hazard insured against;

(3) Discovery of fraud or materialmisrepresentation in the obtaining of thepolicy or in the presentation of a claim;

(4) After issuance of the policy or after the lastrenewal date, discovery of an act oromission, or a violation of any policycondition, that substantially and materiallyincreases the hazard insured against, andwhich occurred subsequent to inception ofthe current policy period;

(5) Material physical change in the propertyinsured, occurring after issuance or lastannual renewal anniversary date of thepolicy, which results in the propertybecoming uninsurable in accordance withour objective, uniformly appliedunderwriting standards in effect at the timethe policy was issued or last renewed; ormaterial change in the nature or extent ofthe risk, occurring after issuance or lastannual renewal anniversary date of thepolicy, which causes the risk of loss to besubstantially and materially increasedbeyond that contemplated at the time thepolicy was issued or last renewed;

(6) Required pursuant to a determination bythe Superintendent that continuation ofour present premium volume wouldjeopardize our solvency or be hazardousto the interest of our policyholders, ourcreditors or the public;

KEO0000005273400

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(7) A determination by the Superintendentthat the continuation of the policy wouldviolate, or would place us in violation of,any provision of the Insurance Code; or

(8) Where we have reason to believe, in goodfaith and with sufficient cause, that there isa probable risk of danger that the insuredwill destroy, or permit to be destroyed, theinsured property for the purpose ofcollecting the insurance proceeds. If wecancel for this reason, you may make awritten request to the Department ofFinancial Services, within 10 days ofreceipt of this notice, to review ourcancellation decision. Also, we willsimultaneously send a copy of thiscancellation notice to the Department ofFinancial Services.

3. We will mail or deliver our notice, including thereason for cancellation, to the first NamedInsured at the address shown in the policy and tothe authorized agent or broker.

5. If this policy is cancelled, we will send the firstNamed Insured any premium refund due. If wecancel, the refund will be pro rata. If the firstNamed Insured cancels, the refund may be lessthan pro rata.

However, when the premium is advanced undera premium finance agreement, the cancellationrefund will be pro rata. Under such financedpolicies, we will be entitled to retain a minimumearned premium of 10% of the total policypremium or $60, whichever is greater. Thecancellation will be effective even if we have notmade or offered a refund.

B. The following is added to the Cancellation CommonPolicy Condition:

7. If one of the reasons for cancellation inParagraph A.2.b. or D.2.b.(2) exists, we maycancel this entire policy, even if the reason forcancellation pertains only to a new coverage orendorsement initially effective subsequent to theoriginal issuance of this policy.

C. The following conditions are added:

1. Nonrenewal

If we decide not to renew this policy we will sendnotice as provided in Paragraph C.3. below.

2. Conditional Renewal

If we conditionally renew this policy subject to:

a. A change of limits;

b. A change in type of coverage;

c. A reduction of coverage;

d. An increased deductible;

e. An addition of exclusion; or

f. Increased premiums in excess of 10%, exclusive of any premium increase due to andcommensurate with insured value added orincreased exposure units; or as a result ofexperience rating, loss rating, retrospectiverating or audit;

we will send notice as provided in ParagraphC.3. below.

3. Notices Of Nonrenewal And ConditionalRenewal

a. If we decide not to renew this policy or toconditionally renew this policy as provided inParagraphs C.1. and C.2. above, we will mailor deliver written notice to the first NamedInsured shown in the Declarations at least 60but not more than 120 days before:

(1) The expiration date; or

(2) The anniversary date if this is acontinuous policy.

b. Notice will be mailed or delivered to the firstNamed Insured at the address shown in thepolicy and to the authorized agent or broker.If notice is mailed, proof of mailing will besufficient proof of notice.

c. Notice will include the specific reason(s) fornonrenewal or conditional renewal, includingthe amount of any premium increase forconditional renewal and description of anyother changes.

d. If we violate any of the provisions ofParagraph C.3.a., b. or c. above by sendingthe first Named Insured an incomplete or lateconditional renewal notice or a latenonrenewal notice:

(1) And if notice is provided prior to theexpiration date of this policy, coverage willremain in effect at the same terms andconditions of this policy at the lower of thecurrent rates or the prior period's ratesuntil 60 days after such notice is mailed ordelivered, unless the first Named Insured,during this 60-day period, has replacedthe coverage or elects to cancel;


(2) And if the notice is provided on or after theexpiration date of this policy, coverage willremain in effect at the same terms andconditions of this policy for another policyperiod, at the lower of the current rates orthe prior period's rates, unless the first Named Insured, during this additionalpolicy period, has replaced the coverageor elects to cancel.

e. If you elect to renew on the basis of a lateconditional renewal notice, the terms, conditions and rates set forth in such noticeshall apply:

(1) Upon expiration of the 60-day period,unless Subparagraph (2) below applies; or

(2) Notwithstanding the provisions inParagraphs d.(1) and d.(2), as of therenewal date of the policy if the conditionalrenewal notice was sent at least 30 daysprior to the expiration or anniversary dateof the policy.

f. We will not send you notice of nonrenewal orconditional renewal if you, your authorizedagent or broker or another insurer of yoursmails or delivers notice that the policy hasbeen replaced or is no longer desired.

D. The following provisions apply when the Commercial Property Coverage Part, the Farm Coverage Part orthe Capital Assets Program (Output Policy)Coverage Part is made a part of this policy:

1. Items D.2. and D.3. apply if this policy meets thefollowing conditions:

a. The policy is issued or issued for delivery inNew York State covering property located inthis state; and

b. The policy insures:

(1) For loss of or damage to structures, otherthan hotels or motels, used predominantlyfor residential purposes and consisting ofno more than four dwelling units; or

(2) For loss of or damage to personal propertyother than farm personal property orbusiness property; or

(3) Against damages arising from liability forloss of, damage to or injury to persons orproperty, except liability arising frombusiness or farming; and

c. The portion of the annual premiumattributable to the property and contingenciesdescribed in 1.b. exceeds the portionapplicable to other property andcontingencies.

2. Paragraph 2. of the Cancellation CommonPolicy Condition is replaced by the following:

2. Procedure And Reasons For Cancellation

a. We may cancel this entire policy bymailing or delivering to the first NamedInsured written notice of cancellation atleast:

(1) 15 days before the effective date ofcancellation if we cancel fornonpayment of premium, providedhowever, that a notice of cancellationon this ground shall inform the first Named Insured of the amount due; or

(2) 30 days before the effective date ofcancellation if we cancel for any otherreason.

b. But if this policy:

(1) Has been in effect for more than 60days; or

(2) Is a renewal of a policy we issued;

we may cancel this policy only for one ormore of the following reasons:

(1) Nonpayment of premium, providedhowever, that a notice of cancellationon this ground shall inform the first Named Insured of the amount due;

(2) Conviction of a crime arising out ofacts increasing the risk of loss;

(3) Discovery of fraud or materialmisrepresentation in obtaining thepolicy or in making a claim;

(4) Discovery of willful or reckless acts oromissions increasing the risk of loss;

(5) Physical changes in the coveredproperty that make that propertyuninsurable in accordance with ourobjective and uniformly appliedunderwriting standards in effect whenwe:

(a) Issued the policy; or

(b) Last voluntarily renewed the policy;

of 5 © Insurance Services Office, Inc., 2013 IL 02 68 01 14

(6) The Superintendent of FinancialServices' determination thatcontinuing the policy would violateChapter 28 of the Insurance Law; or

(7) Required pursuant to a determinationby the Superintendent of FinancialServices that the continuation of ourpresent premium volume would behazardous to the interests of ourpolicyholders, our creditors or thepublic.

3. The following are added:

a. Conditional Continuation

Instead of cancelling this policy, we maycontinue it on the condition that:

(1) The policy limits be changed; or

(2) Any coverage not required by law beeliminated.

If this policy is conditionally continued, we willmail or deliver to the first Named Insuredwritten notice at least 20 days before theeffective date of the change or elimination.We will mail or deliver our notice to the firstNamed Insured's last mailing address knownto us. If notice is mailed, proof of mailing willbe sufficient proof of notice. Delivery of thenotice will be the same as mailing.

b. Nonrenewal

If, as allowed by the laws of New York State,we:

(1) Do not renew this policy; or

(2) Condition policy renewal upon:

(a) Change of limits; or

(b) Elimination of coverage;

we will mail or deliver written notice ofnonrenewal or conditional renewal:

(a) At least 45 days; but

(b) Not more than 60 days;

before the expiration date of the policy. We will mail or deliver our notice to the firstNamed Insured's last mailing address knownto us. If notice is mailed, proof of mailing willbe sufficient proof of notice. Delivery of thenotice will be the same as mailing.

E. The following is added to the Farm Property – OtherFarm Provisions Form – Additional Coverages,Conditions, Definitions, the Commercial PropertyCoverage Part and the Capital Assets Program(Output Policy) Coverage Part:

When the property is subject to the Anti-arsonApplication in accordance with New YorkDepartment of Financial Services' InsuranceRegulation No. 96, the following provisions areadded:

If you fail to return the completed, signed andaffirmed anti-arson application to us:

1. Or our broker or agent within 45 days of theeffective date of a new policy, we will cancel theentire policy by giving 20 days' written notice toyou and to the mortgageholder shown in theDeclarations.

2. Before the expiration date of any policy, we willcancel the policy by giving written notice to youand to the mortgageholder shown in theDeclarations at least 15 days before the effectivedate of cancellation.

The cancellation provisions set forth in E.1. and E.2.above supersede any contrary provisions in thispolicy including this endorsement.

If the notice in E.1. or E.2. above is mailed, proof ofmailing will be sufficient proof of notice. Delivery ofthe notice will be the same as mailing.

F. The following applies to the Commercial PropertyCoverage Part, the Farm Coverage Part and theCapital Assets Program (Output Policy) CoveragePart:

Paragraphs f. and g. of the MortgageholdersCondition are replaced by the following:

f. Cancellation

(1) If we cancel this policy, we will give writtennotice to the mortgageholder at least:

(a) 10 days before the effective date ofcancellation if we cancel for yournonpayment of premium; or

(b) 30 days before the effective date ofcancellation if we cancel for any otherreason.


(2) If you cancel this policy, we will givewritten notice to the mortgageholder. With respect to the mortgageholder's interestonly, cancellation will become effective onthe later of:

(a) The effective date of cancellation of theinsured's coverage; or

(b) 10 days after we give notice to themortgageholder.

g. Nonrenewal

(1) If we elect not to renew this policy, we willgive written notice to the mortgageholderat least 10 days before the expiration dateof this policy.

(2) If you elect not to renew this policy, we willgive written notice to the mortgageholder.With respect to the mortgageholder'sinterest only, nonrenewal will becomeeffective on the later of:

(a) The expiration date of the policy; or

(b) 10 days after we give notice to themortgageholder.

G. The following provisions apply when the followingare made a part of this policy:

Commercial General Liability Coverage Part

Employment-Related Practices Liability CoveragePart

Farm Liability Coverage Form

Liquor Liability Coverage Part

Products/Completed Operations Liability CoveragePart

1. The aggregate limits of this policy as shown inthe Declarations will be increased in proportion toany policy extension provided in accordance withParagraph C.3.d. above.

2. The last sentence of Limits Of Insurance doesnot apply when the policy period is extendedbecause we sent the first Named Insured anincomplete or late conditional renewal notice or alate nonrenewal notice.

ENDORSEMENTNO.

ATTACHED TO ANDFORMING A PART OF

POLICY NUMBER

ENDORSEMENT EFFECTIVE DATE(12:01 A.M. STANDARD TIME)

NAMED INSURED AGENT NO.

UT-131g (3-92)


ASBESTOS EXCLUSION

The coverage afforded by this policy does not apply to bodilyinjury, personal injury or property damage arising out of:

1. Inhaling, ingesting or prolonged physical exposure toasbestos or goods or products containing asbestos; or

2. The use of asbestos in construction or manufacturingany good, product or structure; or

3. The removal of asbestos from any good, product orstructure; or

4. The manufacture, sale, transportation, storage or dis-posal of asbestos or goods or products containing as-bestos.

The coverage afforded by the policy does not apply to pay-ment for the investigation or defense of any loss, injury ordamage or any cost, fine or penalty or for any expense ofclaim or suit related to any of the above.

AUTHORIZED REPRESENTATIVE DATE

0000

KEO0000005273400 04/22/15 NEW YORK STATE (SEE KR-SP-1)

KR-GL-D-1 (Page 1 of 1) 07/07

Home OfficeMadison, Wisconsin

Administrative Office:8877 North Gainey Center Drive • Scottsdale, Arizona 85258

1-800-423-7675A STOCK COMPANY

KR-GL-D-1(07/07)

COMMERCIAL GENERAL LIABILITY - DECLARATIONSPolicy No. Policy Period: to 12:01 am Standard TimeReplacement No.

NAMED INSURED AND ADDRESS: FORM OF BUSINESSIndividual Limited Liability CompanyPartnership Organization, including a

Corporation (but not including aPartnership, Joint Venture or LimitedLiability Company)

Joint Venture

RETROACTIVE DATE: (CG 00 02 only) This insurance does not apply to “bodily injury” or “property damage” or “personal injury and advertising injury” which occurs before the following Retroactive Date: (Enter date or NONE if noRetroactive Date Applies)

LIMITS OF INSURANCEGeneral Aggregate Limit (Other than Products – Completed Operations)Products – Completed Operations Aggregate LimitPersonal and Advertising Injury LimitEach Occurrence LimitDamage to Premises Rented to You Limit any one premisesMedical Expense Limit any one person

SCHEDULE OF LOCATIONS:

PREMIUMAdvance Premium for this Coverage Part is

ENDORSEMENTS ATTACHED TO THIS COVERAGE PART:

KEO0000005273400 04/22/15 04/22/16 KEO0000004232700

XNEW YORK STATE (SEE KR-SP-1) PO BOX 1040 PINE BUSH, NY 12566-1040

$ 3,000,000 $ 3,000,000 $ 2,000,000 $ 2,000,000 $ 300,000

NONE

0001 Various, as on file with the Company

Included

KR-GL-SP-2(04/14) KR-GL-SP-1(04/07) CG0001(04/13) KR-GL-94(01/08) KR-GL-43(04/07) KR-GL-61(04/07) KR-GL-60(04/07) KR-GL-53(04/07) KR-GL-73(04/07) KR-GL-89(04/07) GL-58S(12/93) KR-GL-136(10/11) CG0224(10/93) CG2026(04/13) CG2106(05/14) CG2135(10/01) CG2144(07/98) CG2147(12/07) CG2167(12/04) CG2196(03/05) CG2407(01/96) CG2173(01/08) CG0104(12/04) CG0163(07/11) CG2621(10/91)

KR-GL-SP-2 04/14

QUICK REFERENCECOMMERCIAL GENERAL LIABILITY COVERAGE PART

Please read your policy carefully.

DECLARATIONS PAGESNamed Insured and Mailing Address

Policy Period

Description of Business and Location

Coverages and Limits of Insurance

SECTION I - COVERAGES Beginning on PageCoverage A - Insuring Agreement .......................................... 1

Bodily Injury

and Property Damage Exclusions ....................................................... 2

Liability

Coverage B - Insuring Agreement .......................................... 5

Personal and

Advertising Exclusions ....................................................... 6

Injury Liability

Coverage C - Insuring Agreement .......................................... 7

Medical Payments Exclusions ....................................................... 7

SECTION II - WHO IS AN INSURED ............................................................................................................................. 8

SECTION III - LIMITS OF INSURANCE ........................................................................................................................ 9

SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONSBankruptcy ..................................................................................................................................................... 10

Duties In The Event of Occurrence, Claim or Suit ........................................................................................... 10

Legal Action Against Us .................................................................................................................................. 10

Other Insurance ............................................................................................................................................... 11

Premium Audit ................................................................................................................................................. 11

Representations............................................................................................................................................... 11

Separation of Insureds..................................................................................................................................... 11

Transfer of Rights of Recovery Against Others To Us .................................................................................... 12

When We Do Not Renew ................................................................................................................................ 12

SECTION V – DEFINITIONS........................................................................................................................................ 12

COMMON POLICY CONDITIONSCancellation

Changes

Examination of Your Books and Records

Inspections and Surveys

Premiums

Transfer of Your Rights and Duties Under This Policy

ENDORSEMENTS (If Any)

KEO0000005273400

KR-GL-SP-1 04/07

LIABILITY SCHEDULE AND PREMIUM RECAP

POLICY NUMBER:

LOC.NO

* DESCRIPTIONSUBLINE - CLASS CODE

**PREMIUM BASEACT. EXPOSURE

RATES PREMIUMS

TOTALPREMIUMS

*SUBLINE KEY **PREMIUM/EXPOSURE BASE KEY332 - Liquor Liability A - Area (per 1,000 square feet)334 - Premises/Operations C - Total Cost (per $1,000)335 - Owners/Contractors Protective or E - Admissions (per head)

Principals Protective M - Admissions (per 1,000)336 - Products/Completed Operations P - Payroll (per $1,000)350 - Pollution Liability R - Receipts (per $100)345 - Other Composite Rated/Premises/Operations ONLY S - Gross Sales (per $1,000)346 - Other Composite Rated/Product/Completed U - Units (per unit) or type in base

Operations ONLY347 - Other Composite Rated - BOTH Premises/Operations

AND Product/Completed Operations or type in subline

KEO0000005273400

1 334 46913 RACE TRACKS - MOTORIZED VEHICLES

(LESSOR'S RISK ONLY)

U PER EVENT $ 284.364

336 PRODUCTS:

16811 REFRESHMENT PRODUCTS

18434 NON-FOOD OR DRINK

THIS POLICY IS SUBJECT TO A PER EVENT AUDIT

$ 284.364

CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 15

POLICY NUMBER: COMMERCIAL GENERAL LIABILITYCG 00 01 04 13

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

Various provisions in this policy restrict coverage. Readthe entire policy carefully to determine rights, duties andwhat is and is not covered.

Throughout this policy the words "you" and "your" referto the Named Insured shown in the Declarations, andany other person or organization qualifying as a NamedInsured under this policy. The words "we", "us" and"our" refer to the company providing this insurance.

The word "insured" means any person or organizationqualifying as such under Section II – Who Is An Insured.

Other words and phrases that appear in quotationmarks have special meaning. Refer to Section V –Definitions.

SECTION I – COVERAGES

COVERAGE A – BODILY INJURY AND PROPERTYDAMAGE LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insuredbecomes legally obligated to pay as damagesbecause of "bodily injury" or "property damage"to which this insurance applies. We will have theright and duty to defend the insured against any"suit" seeking those damages. However, we willhave no duty to defend the insured against any"suit" seeking damages for "bodily injury" or"property damage" to which this insurance doesnot apply. We may, at our discretion, investigateany "occurrence" and settle any claim or "suit"that may result. But:

(1) The amount we will pay for damages islimited as described in Section III – Limits Of Insurance; and

(2) Our right and duty to defend ends when wehave used up the applicable limit of insurancein the payment of judgments or settlementsunder Coverages A or B or medical expensesunder Coverage C.

No other obligation or liability to pay sums or perform acts or services is covered unlessexplicitly provided for under SupplementaryPayments – Coverages A and B.

b. This insurance applies to "bodily injury" and"property damage" only if:

(1) The "bodily injury" or "property damage" iscaused by an "occurrence" that takes place inthe "coverage territory";

(2) The "bodily injury" or "property damage"occurs during the policy period; and

(3) Prior to the policy period, no insured listedunder Paragraph 1. of Section II – Who Is AnInsured and no "employee" authorized by youto give or receive notice of an "occurrence" orclaim, knew that the "bodily injury" or"property damage" had occurred, in whole orin part. If such a listed insured or authorized"employee" knew, prior to the policy period,that the "bodily injury" or "property damage"occurred, then any continuation, change orresumption of such "bodily injury" or "propertydamage" during or after the policy period willbe deemed to have been known prior to thepolicy period.

c. "Bodily injury" or "property damage" which occursduring the policy period and was not, prior to thepolicy period, known to have occurred by anyinsured listed under Paragraph 1. of Section II –Who Is An Insured or any "employee" authorizedby you to give or receive notice of an"occurrence" or claim, includes any continuation,change or resumption of that "bodily injury" or"property damage" after the end of the policyperiod.

d. "Bodily injury" or "property damage" will bedeemed to have been known to have occurred atthe earliest time when any insured listed underParagraph 1. of Section II – Who Is An Insured orany "employee" authorized by you to give orreceive notice of an "occurrence" or claim:

(1) Reports all, or any part, of the "bodily injury"or "property damage" to us or any otherinsurer;

(2) Receives a written or verbal demand or claimfor damages because of the "bodily injury" or"property damage"; or

(3) Becomes aware by any other means that"bodily injury" or "property damage" hasoccurred or has begun to occur.

e. Damages because of "bodily injury" includedamages claimed by any person or organizationfor care, loss of services or death resulting at anytime from the "bodily injury".

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2. Exclusions

This insurance does not apply to:

a. Expected Or Intended Injury

"Bodily injury" or "property damage" expected orintended from the standpoint of the insured. Thisexclusion does not apply to "bodily injury"resulting from the use of reasonable force toprotect persons or property.

b. Contractual Liability

"Bodily injury" or "property damage" for which theinsured is obligated to pay damages by reason ofthe assumption of liability in a contract oragreement. This exclusion does not apply toliability for damages:

(1) That the insured would have in the absenceof the contract or agreement; or

(2) Assumed in a contract or agreement that isan "insured contract", provided the "bodilyinjury" or "property damage" occurssubsequent to the execution of the contract oragreement. Solely for the purposes of liabilityassumed in an "insured contract", reasonableattorneys' fees and necessary litigationexpenses incurred by or for a party other thanan insured are deemed to be damagesbecause of "bodily injury" or "propertydamage", provided:

(a) Liability to such party for, or for the cost of,that party's defense has also beenassumed in the same "insured contract";and

(b) Such attorneys' fees and litigationexpenses are for defense of that partyagainst a civil or alternative disputeresolution proceeding in which damagesto which this insurance applies arealleged.

c. Liquor Liability

"Bodily injury" or "property damage" for whichany insured may be held liable by reason of:

(1) Causing or contributing to the intoxication ofany person;

(2) The furnishing of alcoholic beverages to aperson under the legal drinking age or underthe influence of alcohol; or

(3) Any statute, ordinance or regulation relatingto the sale, gift, distribution or use of alcoholicbeverages.

This exclusion applies even if the claims againstany insured allege negligence or otherwrongdoing in:

(a) The supervision, hiring, employment,training or monitoring of others by thatinsured; or

(b) Providing or failing to providetransportation with respect to any personthat may be under the influence of alcohol;

if the "occurrence" which caused the "bodilyinjury" or "property damage", involved that whichis described in Paragraph (1), (2) or (3) above.

However, this exclusion applies only if you are inthe business of manufacturing, distributing,selling, serving or furnishing alcoholic beverages.For the purposes of this exclusion, permitting aperson to bring alcoholic beverages on yourpremises, for consumption on your premises, whether or not a fee is charged or a license isrequired for such activity, is not by itselfconsidered the business of selling, serving orfurnishing alcoholic beverages.

d. Workers' Compensation And Similar Laws

Any obligation of the insured under a workers'compensation, disability benefits orunemployment compensation law or any similarlaw.

e. Employer's Liability

"Bodily injury" to:

(1) An "employee" of the insured arising out ofand in the course of:

(a) Employment by the insured; or

(b) Performing duties related to the conduct ofthe insured's business; or

(2) The spouse, child, parent, brother or sister ofthat "employee" as a consequence ofParagraph (1) above.

This exclusion applies whether the insured maybe liable as an employer or in any other capacityand to any obligation to share damages with orrepay someone else who must pay damagesbecause of the injury.

This exclusion does not apply to liability assumedby the insured under an "insured contract".

f. Pollution

(1) "Bodily injury" or "property damage" arisingout of the actual, alleged or threateneddischarge, dispersal, seepage, migration,release or escape of "pollutants":

(a) At or from any premises, site or locationwhich is or was at any time owned oroccupied by, or rented or loaned to, anyinsured. However, this subparagraph doesnot apply to:

(i) "Bodily injury" if sustained within abuilding and caused by smoke, fumes, vapor or soot produced by ororiginating from equipment that is usedto heat, cool or dehumidify the building,


or equipment that is used to heat waterfor personal use, by the building'soccupants or their guests;

(ii) "Bodily injury" or "property damage" forwhich you may be held liable, if youare a contractor and the owner orlessee of such premises, site orlocation has been added to your policyas an additional insured with respect toyour ongoing operations performed forthat additional insured at thatpremises, site or location and suchpremises, site or location is not andnever was owned or occupied by, orrented or loaned to, any insured, otherthan that additional insured; or

(iii) "Bodily injury" or "property damage"arising out of heat, smoke or fumesfrom a "hostile fire";

(b) At or from any premises, site or locationwhich is or was at any time used by or forany insured or others for the handling,storage, disposal, processing or treatmentof waste;

(c) Which are or were at any time transported,handled, stored, treated, disposed of, orprocessed as waste by or for:

(i) Any insured; or

(ii) Any person or organization for whomyou may be legally responsible; or

(d) At or from any premises, site or locationon which any insured or any contractors orsubcontractors working directly orindirectly on any insured's behalf areperforming operations if the "pollutants"are brought on or to the premises, site orlocation in connection with suchoperations by such insured, contractor orsubcontractor. However, thissubparagraph does not apply to:

(i) "Bodily injury" or "property damage"arising out of the escape of fuels,lubricants or other operating fluidswhich are needed to perform thenormal electrical, hydraulic ormechanical functions necessary for theoperation of "mobile equipment" or itsparts, if such fuels, lubricants or otheroperating fluids escape from a vehiclepart designed to hold, store or receivethem. This exception does not apply ifthe "bodily injury" or "property damage"arises out of the intentional discharge,dispersal or release of the fuels,lubricants or other operating fluids, or ifsuch fuels, lubricants or other

operating fluids are brought on or tothe premises, site or location with theintent that they be discharged,dispersed or released as part of theoperations being performed by suchinsured, contractor or subcontractor;

(ii) "Bodily injury" or "property damage"sustained within a building and causedby the release of gases, fumes orvapors from materials brought into thatbuilding in connection with operationsbeing performed by you or on yourbehalf by a contractor or subcontractor;or

(iii) "Bodily injury" or "property damage"arising out of heat, smoke or fumesfrom a "hostile fire".

(e) At or from any premises, site or locationon which any insured or any contractors orsubcontractors working directly orindirectly on any insured's behalf areperforming operations if the operations areto test for, monitor, clean up, remove,contain, treat, detoxify or neutralize, or inany way respond to, or assess the effectsof, "pollutants".

(2) Any loss, cost or expense arising out of any:

(a) Request, demand, order or statutory orregulatory requirement that any insured orothers test for, monitor, clean up, remove,contain, treat, detoxify or neutralize, or inany way respond to, or assess the effects of, "pollutants"; or

(b) Claim or suit by or on behalf of agovernmental authority for damagesbecause of testing for, monitoring,cleaning up, removing, containing,treating, detoxifying or neutralizing, or inany way responding to, or assessing theeffects of, "pollutants".

However, this paragraph does not apply toliability for damages because of "propertydamage" that the insured would have in theabsence of such request, demand, order orstatutory or regulatory requirement, or suchclaim or "suit" by or on behalf of agovernmental authority.

g. Aircraft, Auto Or Watercraft

"Bodily injury" or "property damage" arising out ofthe ownership, maintenance, use or entrustmentto others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to anyinsured. Use includes operation and "loading orunloading".


This exclusion applies even if the claims againstany insured allege negligence or otherwrongdoing in the supervision, hiring,employment, training or monitoring of others bythat insured, if the "occurrence" which caused the"bodily injury" or "property damage" involved theownership, maintenance, use or entrustment toothers of any aircraft, "auto" or watercraft that isowned or operated by or rented or loaned to anyinsured.

This exclusion does not apply to:

(1) A watercraft while ashore on premises youown or rent;

(2) A watercraft you do not own that is:

(a) Less than 26 feet long; and

(b) Not being used to carry persons orproperty for a charge;

(3) Parking an "auto" on, or on the ways next to,premises you own or rent, provided the "auto"is not owned by or rented or loaned to you orthe insured;

(4) Liability assumed under any "insuredcontract" for the ownership, maintenance oruse of aircraft or watercraft; or

(5) "Bodily injury" or "property damage" arisingout of:

(a) The operation of machinery or equipmentthat is attached to, or part of, a landvehicle that would qualify under thedefinition of "mobile equipment" if it werenot subject to a compulsory or financialresponsibility law or other motor vehicleinsurance law where it is licensed orprincipally garaged; or

(b) The operation of any of the machinery orequipment listed in Paragraph f.(2) or f.(3)of the definition of "mobile equipment".

h. Mobile Equipment

"Bodily injury" or "property damage" arising outof:

(1) The transportation of "mobile equipment" byan "auto" owned or operated by or rented orloaned to any insured; or

(2) The use of "mobile equipment" in, or while inpractice for, or while being prepared for, anyprearranged racing, speed, demolition, orstunting activity.

i. War

"Bodily injury" or "property damage", howevercaused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) Warlike action by a military force, includingaction in hindering or defending against anactual or expected attack, by anygovernment, sovereign or other authorityusing military personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurpedpower, or action taken by governmentalauthority in hindering or defending againstany of these.

j. Damage To Property

"Property damage" to:

(1) Property you own, rent, or occupy, includingany costs or expenses incurred by you, or anyother person, organization or entity, for repair,replacement, enhancement, restoration ormaintenance of such property for any reason,including prevention of injury to a person ordamage to another's property;

(2) Premises you sell, give away or abandon, ifthe "property damage" arises out of any partof those premises;

(3) Property loaned to you;

(4) Personal property in the care, custody orcontrol of the insured;

(5) That particular part of real property on whichyou or any contractors or subcontractorsworking directly or indirectly on your behalfare performing operations, if the "propertydamage" arises out of those operations; or

(6) That particular part of any property that must be restored, repaired or replaced because"your work" was incorrectly performed on it.

Paragraphs (1), (3) and (4) of this exclusion donot apply to "property damage" (other thandamage by fire) to premises, including thecontents of such premises, rented to you for aperiod of seven or fewer consecutive days. Aseparate limit of insurance applies to Damage ToPremises Rented To You as described in SectionIII – Limits Of Insurance.

Paragraph (2) of this exclusion does not apply ifthe premises are "your work" and were neveroccupied, rented or held for rental by you.

Paragraphs (3), (4), (5) and (6) of this exclusiondo not apply to liability assumed under asidetrack agreement.

Paragraph (6) of this exclusion does not apply to"property damage" included in the "products-completed operations hazard".

k. Damage To Your Product

"Property damage" to "your product" arising outof it or any part of it.


l. Damage To Your Work

"Property damage" to "your work" arising out of itor any part of it and included in the "products-completed operations hazard".

This exclusion does not apply if the damagedwork or the work out of which the damage ariseswas performed on your behalf by asubcontractor.

m. Damage To Impaired Property Or PropertyNot Physically Injured

"Property damage" to "impaired property" orproperty that has not been physically injured,arising out of:

(1) A defect, deficiency, inadequacy ordangerous condition in "your product" or "yourwork"; or

(2) A delay or failure by you or anyone acting onyour behalf to perform a contract oragreement in accordance with its terms.

This exclusion does not apply to the loss of useof other property arising out of sudden andaccidental physical injury to "your product" or"your work" after it has been put to its intendeduse.

n. Recall Of Products, Work Or ImpairedProperty

Damages claimed for any loss, cost or expenseincurred by you or others for the loss of use,withdrawal, recall, inspection, repair,replacement, adjustment, removal or disposal of:

(1) "Your product";

(2) "Your work"; or

(3) "Impaired property";

if such product, work, or property is withdrawn orrecalled from the market or from use by anyperson or organization because of a known orsuspected defect, deficiency, inadequacy ordangerous condition in it.

o. Personal And Advertising Injury

"Bodily injury" arising out of "personal andadvertising injury".

p. Electronic Data

Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, orinability to manipulate electronic data.

However, this exclusion does not apply to liabilityfor damages because of "bodily injury".

As used in this exclusion, electronic data meansinformation, facts or programs stored as or on,created or used on, or transmitted to or fromcomputer software, including systems andapplications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processingdevices or any other media which are used withelectronically controlled equipment.

q. Recording And Distribution Of Material OrInformation In Violation Of Law

"Bodily injury" or "property damage" arisingdirectly or indirectly out of any action or omissionthat violates or is alleged to violate:

(1) The Telephone Consumer Protection Act(TCPA), including any amendment of oraddition to such law;

(2) The CAN-SPAM Act of 2003, including anyamendment of or addition to such law;

(3) The Fair Credit Reporting Act (FCRA), andany amendment of or addition to such law,including the Fair and Accurate CreditTransactions Act (FACTA); or

(4) Any federal, state or local statute, ordinanceor regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and theiramendments and additions, that addresses,prohibits, or limits the printing, dissemination,disposal, collecting, recording, sending,transmitting, communicating or distribution ofmaterial or information.

Exclusions c. through n. do not apply to damage byfire to premises while rented to you or temporarilyoccupied by you with permission of the owner. Aseparate limit of insurance applies to this coverageas described in Section III – Limits Of Insurance.

COVERAGE B – PERSONAL AND ADVERTISINGINJURY LIABILITY


a. We will pay those sums that the insuredbecomes legally obligated to pay as damagesbecause of "personal and advertising injury" towhich this insurance applies. We will have theright and duty to defend the insured against any"suit" seeking those damages. However, we willhave no duty to defend the insured against any"suit" seeking damages for "personal andadvertising injury" to which this insurance doesnot apply. We may, at our discretion, investigateany offense and settle any claim or "suit" thatmay result. But:

(1) The amount we will pay for damages islimited as described in Section III – Limits Of Insurance; and


(2) Our right and duty to defend end when wehave used up the applicable limit of insurancein the payment of judgments or settlementsunder Coverages A or B or medical expensesunder Coverage C.

No other obligation or liability to pay sums or perform acts or services is covered unlessexplicitly provided for under SupplementaryPayments – Coverages A and B.

b. This insurance applies to "personal andadvertising injury" caused by an offense arisingout of your business but only if the offense wascommitted in the "coverage territory" during thepolicy period.

2. Exclusions


a. Knowing Violation Of Rights Of Another

"Personal and advertising injury" caused by or atthe direction of the insured with the knowledgethat the act would violate the rights of anotherand would inflict "personal and advertisinginjury".

b. Material Published With Knowledge Of Falsity

"Personal and advertising injury" arising out oforal or written publication, in any manner, ofmaterial, if done by or at the direction of theinsured with knowledge of its falsity.

c. Material Published Prior To Policy Period

"Personal and advertising injury" arising out oforal or written publication, in any manner, ofmaterial whose first publication took place beforethe beginning of the policy period.

d. Criminal Acts

"Personal and advertising injury" arising out of acriminal act committed by or at the direction ofthe insured.

e. Contractual Liability

"Personal and advertising injury" for which theinsured has assumed liability in a contract oragreement. This exclusion does not apply toliability for damages that the insured would havein the absence of the contract or agreement.

f. Breach Of Contract

"Personal and advertising injury" arising out of abreach of contract, except an implied contract touse another's advertising idea in your"advertisement".

g. Quality Or Performance Of Goods – FailureTo Conform To Statements

"Personal and advertising injury" arising out ofthe failure of goods, products or services toconform with any statement of quality orperformance made in your "advertisement".

h. Wrong Description Of Prices

"Personal and advertising injury" arising out ofthe wrong description of the price of goods,products or services stated in your"advertisement".

i. Infringement Of Copyright, Patent, TrademarkOr Trade Secret

"Personal and advertising injury" arising out ofthe infringement of copyright, patent, trademark,trade secret or other intellectual property rights.Under this exclusion, such other intellectualproperty rights do not include the use ofanother's advertising idea in your"advertisement".

However, this exclusion does not apply toinfringement, in your "advertisement", ofcopyright, trade dress or slogan.

j. Insureds In Media And Internet TypeBusinesses

"Personal and advertising injury" committed byan insured whose business is:

(1) Advertising, broadcasting, publishing ortelecasting;

(2) Designing or determining content of web sitesfor others; or

(3) An Internet search, access, content or serviceprovider.

However, this exclusion does not apply toParagraphs 14.a., b. and c. of "personal andadvertising injury" under the Definitions section.

For the purposes of this exclusion, the placing offrames, borders or links, or advertising, for you orothers anywhere on the Internet, is not by itself,considered the business of advertising,broadcasting, publishing or telecasting.

k. Electronic Chatrooms Or Bulletin Boards

"Personal and advertising injury" arising out of anelectronic chatroom or bulletin board the insuredhosts, owns, or over which the insured exercisescontrol.

l. Unauthorized Use Of Another's Name OrProduct

"Personal and advertising injury" arising out ofthe unauthorized use of another's name or product in your e-mail address, domain name ormetatag, or any other similar tactics to misleadanother's potential customers.

m. Pollution

"Personal and advertising injury" arising out ofthe actual, alleged or threatened discharge,dispersal, seepage, migration, release or escapeof "pollutants" at any time.


n. Pollution-related

Any loss, cost or expense arising out of any:

(1) Request, demand, order or statutory orregulatory requirement that any insured orothers test for, monitor, clean up, remove,contain, treat, detoxify or neutralize, or in anyway respond to, or assess the effects of, "pollutants"; or

(2) Claim or suit by or on behalf of agovernmental authority for damages becauseof testing for, monitoring, cleaning up,removing, containing, treating, detoxifying orneutralizing, or in any way responding to, orassessing the effects of, "pollutants".

o. War

"Personal and advertising injury", howevercaused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) Warlike action by a military force, includingaction in hindering or defending against anactual or expected attack, by anygovernment, sovereign or other authorityusing military personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurpedpower, or action taken by governmentalauthority in hindering or defending againstany of these.

p. Recording And Distribution Of Material OrInformation In Violation Of Law

"Personal and advertising injury" arising directlyor indirectly out of any action or omission thatviolates or is alleged to violate:

(1) The Telephone Consumer Protection Act(TCPA), including any amendment of oraddition to such law;

(2) The CAN-SPAM Act of 2003, including anyamendment of or addition to such law;

(3) The Fair Credit Reporting Act (FCRA), andany amendment of or addition to such law,including the Fair and Accurate CreditTransactions Act (FACTA); or

(4) Any federal, state or local statute, ordinanceor regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and theiramendments and additions, that addresses,prohibits, or limits the printing, dissemination,disposal, collecting, recording, sending,transmitting, communicating or distribution ofmaterial or information.

COVERAGE C – MEDICAL PAYMENTS


a. We will pay medical expenses as describedbelow for "bodily injury" caused by an accident:

(1) On premises you own or rent;

(2) On ways next to premises you own or rent; or

(3) Because of your operations;

provided that:

(a) The accident takes place in the "coverageterritory" and during the policy period;

(b) The expenses are incurred and reportedto us within one year of the date of theaccident; and

(c) The injured person submits toexamination, at our expense, byphysicians of our choice as often as wereasonably require.

b. We will make these payments regardless of fault.These payments will not exceed the applicablelimit of insurance. We will pay reasonableexpenses for:

(1) First aid administered at the time of anaccident;

(2) Necessary medical, surgical, X-ray and dentalservices, including prosthetic devices; and

(3) Necessary ambulance, hospital, professionalnursing and funeral services.

2. Exclusions

We will not pay expenses for "bodily injury":

a. Any Insured

To any insured, except "volunteer workers".

b. Hired Person

To a person hired to do work for or on behalf ofany insured or a tenant of any insured.

c. Injury On Normally Occupied Premises

To a person injured on that part of premises youown or rent that the person normally occupies.

d. Workers' Compensation And Similar Laws

To a person, whether or not an "employee" ofany insured, if benefits for the "bodily injury" arepayable or must be provided under a workers'compensation or disability benefits law or asimilar law.

e. Athletics Activities

To a person injured while practicing, instructingor participating in any physical exercises orgames, sports, or athletic contests.

f. Products-Completed Operations Hazard

Included within the "products-completedoperations hazard".

g. Coverage A Exclusions

Excluded under Coverage A.


SUPPLEMENTARY PAYMENTS – COVERAGES AAND B

1. We will pay, with respect to any claim we investigateor settle, or any "suit" against an insured we defend:

a. All expenses we incur.

b. Up to $250 for cost of bail bonds requiredbecause of accidents or traffic law violationsarising out of the use of any vehicle to which theBodily Injury Liability Coverage applies. W e donot have to furnish these bonds.

c. The cost of bonds to release attachments, butonly for bond amounts within the applicable limitof insurance. We do not have to furnish thesebonds.

d. All reasonable expenses incurred by the insuredat our request to assist us in the investigation ordefense of the claim or "suit", including actualloss of earnings up to $250 a day because oftime off from work.

e. All court costs taxed against the insured in the"suit". However, these payments do not includeattorneys' fees or attorneys' expenses taxedagainst the insured.

f. Prejudgment interest awarded against theinsured on that part of the judgment we pay. Ifwe make an offer to pay the applicable limit ofinsurance, we will not pay any prejudgmentinterest based on that period of time after theoffer.

g. All interest on the full amount of any judgmentthat accrues after entry of the judgment andbefore we have paid, offered to pay, or depositedin court the part of the judgment that is within theapplicable limit of insurance.

These payments will not reduce the limits of insurance.

2. If we defend an insured against a "suit" and anindemnitee of the insured is also named as a partyto the "suit", we will defend that indemnitee if all ofthe following conditions are met:

a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability ofthe indemnitee in a contract or agreement that isan "insured contract";

b. This insurance applies to such liability assumedby the insured;

c. The obligation to defend, or the cost of thedefense of, that indemnitee, has also beenassumed by the insured in the same "insuredcontract";

d. The allegations in the "suit" and the informationwe know about the "occurrence" are such that noconflict appears to exist between the interests ofthe insured and the interests of the indemnitee;

e. The indemnitee and the insured ask us toconduct and control the defense of thatindemnitee against such "suit" and agree that wecan assign the same counsel to defend theinsured and the indemnitee; and

f. The indemnitee:

(1) Agrees in writing to:

(a) Cooperate with us in the investigation,settlement or defense of the "suit";

(b) Immediately send us copies of anydemands, notices, summonses or legalpapers received in connection with the"suit";

(c) Notify any other insurer whose coverage isavailable to the indemnitee; and

(d) Cooperate with us with respect tocoordinating other applicable insuranceavailable to the indemnitee; and

(2) Provides us with written authorization to:

(a) Obtain records and other informationrelated to the "suit"; and

(b) Conduct and control the defense of theindemnitee in such "suit".

So long as the above conditions are met, attorneys'fees incurred by us in the defense of thatindemnitee, necessary litigation expenses incurredby us and necessary litigation expenses incurred bythe indemnitee at our request will be paid asSupplementary Payments. Notwithstanding theprovisions of Paragraph 2.b.(2) of Section I –Coverage A – Bodily Injury And Property DamageLiability, such payments will not be deemed to bedamages for "bodily injury" and "property damage"and will not reduce the limits of insurance.

Our obligation to defend an insured's indemniteeand to pay for attorneys' fees and necessarylitigation expenses as Supplementary Paymentsends when we have used up the applicable limit ofinsurance in the payment of judgments orsettlements or the conditions set forth above, or theterms of the agreement described in Paragraph f.above, are no longer met.

SECTION II – WHO IS AN INSURED

1. If you are designated in the Declarations as:

a. An individual, you and your spouse are insureds,but only with respect to the conduct of a businessof which you are the sole owner.

b. A partnership or joint venture, you are aninsured. Your members, your partners, and theirspouses are also insureds, but only with respectto the conduct of your business.


c. A limited liability company, you are an insured.Your members are also insureds, but only withrespect to the conduct of your business. Yourmanagers are insureds, but only with respect totheir duties as your managers.

d. An organization other than a partnership, jointventure or limited liability company, you are aninsured. Your "executive officers" and directorsare insureds, but only with respect to their dutiesas your officers or directors. Your stockholdersare also insureds, but only with respect to theirliability as stockholders.

e. A trust, you are an insured. Your trustees arealso insureds, but only with respect to their dutiesas trustees.

2. Each of the following is also an insured:

a. Your "volunteer workers" only while performingduties related to the conduct of your business, oryour "employees", other than either your"executive officers" (if you are an organizationother than a partnership, joint venture or limitedliability company) or your managers (if you are alimited liability company), but only for acts withinthe scope of their employment by you or whileperforming duties related to the conduct of yourbusiness. However, none of these "employees"or "volunteer workers" are insureds for:

(1) "Bodily injury" or "personal and advertisinginjury":

(a) To you, to your partners or members (if you are a partnership or joint venture), toyour members (if you are a limited liabilitycompany), to a co-"employee" while in thecourse of his or her employment orperforming duties related to the conduct ofyour business, or to your other "volunteerworkers" while performing duties related tothe conduct of your business;

(b) To the spouse, child, parent, brother orsister of that co-"employee" or "volunteerworker" as a consequence of Paragraph(1)(a) above;

(c) For which there is any obligation to sharedamages with or repay someone else whomust pay damages because of the injurydescribed in Paragraph (1)(a) or (b)above; or

(d) Arising out of his or her providing or failingto provide professional health careservices.

(2) "Property damage" to property:

(a) Owned, occupied or used by;

(b) Rented to, in the care, custody or controlof, or over which physical control is beingexercised for any purpose by;

you, any of your "employees", "volunteerworkers", any partner or member (if you are apartnership or joint venture), or any member(if you are a limited liability company).

b. Any person (other than your "employee" or"volunteer worker"), or any organization whileacting as your real estate manager.

c. Any person or organization having propertemporary custody of your property if you die, butonly:

(1) With respect to liability arising out of themaintenance or use of that property; and

(2) Until your legal representative has beenappointed.

d. Your legal representative if you die, but only withrespect to duties as such. That representative willhave all your rights and duties under thisCoverage Part.

3. Any organization you newly acquire or form, otherthan a partnership, joint venture or limited liabilitycompany, and over which you maintain ownership ormajority interest, will qualify as a Named Insured ifthere is no other similar insurance available to thatorganization. However:

a. Coverage under this provision is afforded onlyuntil the 90th day after you acquire or form theorganization or the end of the policy period,whichever is earlier;

b. Coverage A does not apply to "bodily injury" or"property damage" that occurred before youacquired or formed the organization; and

c. Coverage B does not apply to "personal andadvertising injury" arising out of an offensecommitted before you acquired or formed theorganization.

No person or organization is an insured with respect tothe conduct of any current or past partnership, jointventure or limited liability company that is not shown asa Named Insured in the Declarations.

SECTION III – LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarationsand the rules below fix the most we will payregardless of the number of:

a. Insureds;

b. Claims made or "suits" brought; or

c. Persons or organizations making claims or bringing "suits".

2. The General Aggregate Limit is the most we will payfor the sum of:

a. Medical expenses under Coverage C;


b. Damages under Coverage A, except damagesbecause of "bodily injury" or "property damage"included in the "products-completed operationshazard"; and

c. Damages under Coverage B.

3. The Products-Completed Operations AggregateLimit is the most we will pay under Coverage A fordamages because of "bodily injury" and "propertydamage" included in the "products-completedoperations hazard".

4. Subject to Paragraph 2. above, the Personal AndAdvertising Injury Limit is the most we will pay underCoverage B for the sum of all damages because ofall "personal and advertising injury" sustained by anyone person or organization.

5. Subject to Paragraph 2. or 3. above, whicheverapplies, the Each Occurrence Limit is the most wewill pay for the sum of:

a. Damages under Coverage A; and

b. Medical expenses under Coverage C

because of all "bodily injury" and "property damage"arising out of any one "occurrence".

6. Subject to Paragraph 5. above, the Damage ToPremises Rented To You Limit is the most we willpay under Coverage A for damages because of"property damage" to any one premises, whilerented to you, or in the case of damage by fire, whilerented to you or temporarily occupied by you withpermission of the owner.

7. Subject to Paragraph 5. above, the Medical ExpenseLimit is the most we will pay under Coverage C forall medical expenses because of "bodily injury"sustained by any one person.

The Limits of Insurance of this Coverage Part applyseparately to each consecutive annual period and toany remaining period of less than 12 months, startingwith the beginning of the policy period shown in theDeclarations, unless the policy period is extended afterissuance for an additional period of less than 12months. In that case, the additional period will bedeemed part of the last preceding period for purposesof determining the Limits of Insurance.

SECTION IV – COMMERCIAL GENERAL LIABILITYCONDITIONS

1. Bankruptcy

Bankruptcy or insolvency of the insured or of theinsured's estate will not relieve us of our obligationsunder this Coverage Part.

2. Duties In The Event Of Occurrence, Offense,Claim Or Suit

a. You must see to it that we are notified as soon aspracticable of an "occurrence" or an offensewhich may result in a claim. To the extentpossible, notice should include:

(1) How, when and where the "occurrence" oroffense took place;

(2) The names and addresses of any injuredpersons and witnesses; and

(3) The nature and location of any injury ordamage arising out of the "occurrence" oroffense.

b. If a claim is made or "suit" is brought against anyinsured, you must:

(1) Immediately record the specifics of the claimor "suit" and the date received; and

(2) Notify us as soon as practicable.

You must see to it that we receive written noticeof the claim or "suit" as soon as practicable.

c. You and any other involved insured must:

(1) Immediately send us copies of any demands,notices, summonses or legal papers receivedin connection with the claim or "suit";

(2) Authorize us to obtain records and otherinformation;

(3) Cooperate with us in the investigation orsettlement of the claim or defense against the"suit"; and

(4) Assist us, upon our request, in theenforcement of any right against any personor organization which may be liable to theinsured because of injury or damage to whichthis insurance may also apply.

d. No insured will, except at that insured's own cost,voluntarily make a payment, assume anyobligation, or incur any expense, other than forfirst aid, without our consent.

3. Legal Action Against Us

No person or organization has a right under thisCoverage Part:

a. To join us as a party or otherwise bring us into a"suit" asking for damages from an insured; or

b. To sue us on this Coverage Part unless all of itsterms have been fully complied with.

A person or organization may sue us to recover onan agreed settlement or on a final judgment againstan insured; but we will not be liable for damages thatare not payable under the terms of this CoveragePart or that are in excess of the applicable limit ofinsurance. An agreed settlement means asettlement and release of liability signed by us, theinsured and the claimant or the claimant's legalrepresentative.


4. Other Insurance

If other valid and collectible insurance is available tothe insured for a loss we cover under Coverages Aor B of this Coverage Part, our obligations arelimited as follows:

a. Primary Insurance

This insurance is primary except whenParagraph b. below applies. If this insurance isprimary, our obligations are not affected unlessany of the other insurance is also primary. Then,we will share with all that other insurance by themethod described in Paragraph c. below.

b. Excess Insurance

(1) This insurance is excess over:

(a) Any of the other insurance, whetherprimary, excess, contingent or on anyother basis:

(i) That is Fire, Extended Coverage,Builder's Risk, Installation Risk orsimilar coverage for "your work";

(ii) That is Fire insurance for premisesrented to you or temporarily occupiedby you with permission of the owner;

(iii) That is insurance purchased by you tocover your liability as a tenant for"property damage" to premises rentedto you or temporarily occupied by youwith permission of the owner; or

(iv) If the loss arises out of themaintenance or use of aircraft, "autos"or watercraft to the extent not subjectto Exclusion g. of Section I – CoverageA – Bodily Injury And PropertyDamage Liability.

(b) Any other primary insurance available toyou covering liability for damages arisingout of the premises or operations, or theproducts and completed operations, for which you have been added as anadditional insured.

(2) When this insurance is excess, we will haveno duty under Coverages A or B to defendthe insured against any "suit" if any otherinsurer has a duty to defend the insuredagainst that "suit". If no other insurer defends,we will undertake to do so, but we will beentitled to the insured's rights against allthose other insurers.

(3) When this insurance is excess over otherinsurance, we will pay only our share of theamount of the loss, if any, that exceeds thesum of:

(a) The total amount that all such otherinsurance would pay for the loss in theabsence of this insurance; and

(b) The total of all deductible and self-insuredamounts under all that other insurance.

(4) We will share the remaining loss, if any, withany other insurance that is not described inthis Excess Insurance provision and was notbought specifically to apply in excess of theLimits of Insurance shown in the Declarationsof this Coverage Part.

c. Method Of Sharing

If all of the other insurance permits contributionby equal shares, we will follow this method also.Under this approach each insurer contributesequal amounts until it has paid its applicable limitof insurance or none of the loss remains,whichever comes first.

If any of the other insurance does not permitcontribution by equal shares, we will contributeby limits. Under this method, each insurer's shareis based on the ratio of its applicable limit ofinsurance to the total applicable limits ofinsurance of all insurers.

5. Premium Audit

a. We will compute all premiums for this CoveragePart in accordance with our rules and rates.

b. Premium shown in this Coverage Part asadvance premium is a deposit premium only. Atthe close of each audit period we will computethe earned premium for that period and sendnotice to the first Named Insured. The due datefor audit and retrospective premiums is the dateshown as the due date on the bill. If the sum ofthe advance and audit premiums paid for thepolicy period is greater than the earned premium, we will return the excess to the first NamedInsured.

c. The first Named Insured must keep records of the information we need for premiumcomputation, and send us copies at such timesas we may request.

6. Representations

By accepting this policy, you agree:

a. The statements in the Declarations are accurateand complete;

b. Those statements are based uponrepresentations you made to us; and

c. We have issued this policy in reliance upon yourrepresentations.

7. Separation Of Insureds

Except with respect to the Limits of Insurance, andany rights or duties specifically assigned in thisCoverage Part to the first Named Insured, thisinsurance applies:

a. As if each Named Insured were the only NamedInsured; and


b. Separately to each insured against whom claimis made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against OthersTo Us

If the insured has rights to recover all or part of anypayment we have made under this Coverage Part,those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,the insured will bring "suit" or transfer those rights tous and help us enforce them.

9. When We Do Not Renew

If we decide not to renew this Coverage Part, we willmail or deliver to the first Named Insured shown inthe Declarations written notice of the nonrenewal notless than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficientproof of notice.

SECTION V – DEFINITIONS

1. "Advertisement" means a notice that is broadcast orpublished to the general public or specific marketsegments about your goods, products or services forthe purpose of attracting customers or supporters.For the purposes of this definition:

a. Notices that are published include materialplaced on the Internet or on similar electronicmeans of communication; and

b. Regarding web sites, only that part of a web sitethat is about your goods, products or services forthe purposes of attracting customers orsupporters is considered an advertisement.

2. "Auto" means:

a. A land motor vehicle, trailer or semitrailerdesigned for travel on public roads, including anyattached machinery or equipment; or

b. Any other land vehicle that is subject to acompulsory or financial responsibility law or othermotor vehicle insurance law where it is licensedor principally garaged.

However, "auto" does not include "mobileequipment".

3. "Bodily injury" means bodily injury, sickness ordisease sustained by a person, including deathresulting from any of these at any time.

4. "Coverage territory" means:

a. The United States of America (including itsterritories and possessions), Puerto Rico andCanada;

b. International waters or airspace, but only if theinjury or damage occurs in the course of travel ortransportation between any places included inParagraph a. above; or

c. All other parts of the world if the injury or damagearises out of:

(1) Goods or products made or sold by you in theterritory described in Paragraph a. above;

(2) The activities of a person whose home is inthe territory described in Paragraph a. above,but is away for a short time on your business;or

(3) "Personal and advertising injury" offenses thattake place through the Internet or similarelectronic means of communication;

provided the insured's responsibility to pay damagesis determined in a "suit" on the merits, in the territorydescribed in Paragraph a. above or in a settlementwe agree to.

5. "Employee" includes a "leased worker". "Employee"does not include a "temporary worker".

6. "Executive officer" means a person holding any ofthe officer positions created by your charter,constitution, bylaws or any other similar governingdocument.

7. "Hostile fire" means one which becomesuncontrollable or breaks out from where it wasintended to be.

8. "Impaired property" means tangible property, otherthan "your product" or "your work", that cannot beused or is less useful because:

a. It incorporates "your product" or "your work" thatis known or thought to be defective, deficient,inadequate or dangerous; or

b. You have failed to fulfill the terms of a contract oragreement;

if such property can be restored to use by the repair,replacement, adjustment or removal of "yourproduct" or "your work" or your fulfilling the terms ofthe contract or agreement.

9. "Insured contract" means:

a. A contract for a lease of premises. However, thatportion of the contract for a lease of premisesthat indemnifies any person or organization fordamage by fire to premises while rented to you ortemporarily occupied by you with permission ofthe owner is not an "insured contract";

b. A sidetrack agreement;

c. Any easement or license agreement, except inconnection with construction or demolitionoperations on or within 50 feet of a railroad;

d. An obligation, as required by ordinance, toindemnify a municipality, except in connectionwith work for a municipality;

e. An elevator maintenance agreement;


f. That part of any other contract or agreementpertaining to your business (including anindemnification of a municipality in connectionwith work performed for a municipality) underwhich you assume the tort liability of anotherparty to pay for "bodily injury" or "propertydamage" to a third person or organization. Tortliability means a liability that would be imposedby law in the absence of any contract oragreement.

Paragraph f. does not include that part of anycontract or agreement:

(1) That indemnifies a railroad for "bodily injury"or "property damage" arising out ofconstruction or demolition operations, within50 feet of any railroad property and affectingany railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing;

(2) That indemnifies an architect, engineer orsurveyor for injury or damage arising out of:

(a) Preparing, approving, or failing to prepareor approve, maps, shop drawings,opinions, reports, surveys, field orders,change orders or drawings andspecifications; or

(b) Giving directions or instructions, or failingto give them, if that is the primary cause ofthe injury or damage; or

(3) Under which the insured, if an architect,engineer or surveyor, assumes liability for aninjury or damage arising out of the insured'srendering or failure to render professionalservices, including those listed in (2) aboveand supervisory, inspection, architectural orengineering activities.

10. "Leased worker" means a person leased to you by alabor leasing firm under an agreement between youand the labor leasing firm, to perform duties relatedto the conduct of your business. "Leased worker" does not include a "temporary worker".

11. "Loading or unloading" means the handling ofproperty:

a. After it is moved from the place where it isaccepted for movement into or onto an aircraft,watercraft or "auto";

b. While it is in or on an aircraft, watercraft or"auto"; or

c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finallydelivered;

but "loading or unloading" does not include themovement of property by means of a mechanicaldevice, other than a hand truck, that is not attachedto the aircraft, watercraft or "auto".

12. "Mobile equipment" means any of the following typesof land vehicles, including any attached machineryor equipment:

a. Bulldozers, farm machinery, forklifts and othervehicles designed for use principally off publicroads;

b. Vehicles maintained for use solely on or next topremises you own or rent;

c. Vehicles that travel on crawler treads;

d. Vehicles, whether self-propelled or not,maintained primarily to provide mobility topermanently mounted:

(1) Power cranes, shovels, loaders, diggers ordrills; or

(2) Road construction or resurfacing equipmentsuch as graders, scrapers or rollers;

e. Vehicles not described in Paragraph a., b., c. ord. above that are not self-propelled and aremaintained primarily to provide mobility topermanently attached equipment of the followingtypes:

(1) Air compressors, pumps and generators,including spraying, welding, building cleaning,geophysical exploration, lighting and wellservicing equipment; or

(2) Cherry pickers and similar devices used toraise or lower workers;

f. Vehicles not described in Paragraph a., b., c. ord. above maintained primarily for purposes otherthan the transportation of persons or cargo.

However, self-propelled vehicles with thefollowing types of permanently attachedequipment are not "mobile equipment" but will beconsidered "autos":

(1) Equipment designed primarily for:

(a) Snow removal;

(b) Road maintenance, but not construction orresurfacing; or

(c) Street cleaning;

(2) Cherry pickers and similar devices mountedon automobile or truck chassis and used toraise or lower workers; and

(3) Air compressors, pumps and generators,including spraying, welding, building cleaning,geophysical exploration, lighting and wellservicing equipment.

However, "mobile equipment" does not include anyland vehicles that are subject to a compulsory orfinancial responsibility law or other motor vehicleinsurance law where it is licensed or principallygaraged. Land vehicles subject to a compulsory orfinancial responsibility law or other motor vehicleinsurance law are considered "autos".


13. "Occurrence" means an accident, includingcontinuous or repeated exposure to substantially thesame general harmful conditions.

14. "Personal and advertising injury" means injury,including consequential "bodily injury", arising out ofone or more of the following offenses:

a. False arrest, detention or imprisonment;

b. Malicious prosecution;

c. The wrongful eviction from, wrongful entry into, orinvasion of the right of private occupancy of aroom, dwelling or premises that a personoccupies, committed by or on behalf of its owner,landlord or lessor;

d. Oral or written publication, in any manner, ofmaterial that slanders or libels a person ororganization or disparages a person's ororganization's goods, products or services;

e. Oral or written publication, in any manner, ofmaterial that violates a person's right of privacy;

f. The use of another's advertising idea in your"advertisement"; or

g. Infringing upon another's copyright, trade dressor slogan in your "advertisement".

15. "Pollutants" mean any solid, liquid, gaseous orthermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals andwaste. Waste includes materials to be recycled,reconditioned or reclaimed.

16. "Products-completed operations hazard":

a. Includes all "bodily injury" and "property damage"occurring away from premises you own or rentand arising out of "your product" or "your work"except:

(1) Products that are still in your physicalpossession; or

(2) Work that has not yet been completed orabandoned. However, "your work" will bedeemed completed at the earliest of thefollowing times:

(a) When all of the work called for in yourcontract has been completed.

(b) When all of the work to be done at the jobsite has been completed if your contractcalls for work at more than one job site.

(c) When that part of the work done at a jobsite has been put to its intended use byany person or organization other thananother contractor or subcontractorworking on the same project.

Work that may need service, maintenance,correction, repair or replacement, but which isotherwise complete, will be treated ascompleted.

b. Does not include "bodily injury" or "propertydamage" arising out of:

(1) The transportation of property, unless theinjury or damage arises out of a condition inor on a vehicle not owned or operated by you,and that condition was created by the"loading or unloading" of that vehicle by anyinsured;

(2) The existence of tools, uninstalled equipmentor abandoned or unused materials; or

(3) Products or operations for which theclassification, listed in the Declarations or in apolicy Schedule, states that products-completed operations are subject to theGeneral Aggregate Limit.

17. "Property damage" means:

a. Physical injury to tangible property, including allresulting loss of use of that property. All suchloss of use shall be deemed to occur at the time of the physical injury that caused it; or

b. Loss of use of tangible property that is notphysically injured. All such loss of use shall bedeemed to occur at the time of the "occurrence"that caused it.

For the purposes of this insurance, electronic data isnot tangible property.

As used in this definition, electronic data meansinformation, facts or programs stored as or on,created or used on, or transmitted to or fromcomputer software, including systems andapplications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devicesor any other media which are used withelectronically controlled equipment.

18. "Suit" means a civil proceeding in which damagesbecause of "bodily injury", "property damage" or"personal and advertising injury" to which thisinsurance applies are alleged. "Suit" includes:

a. An arbitration proceeding in which such damagesare claimed and to which the insured mustsubmit or does submit with our consent; or

b. Any other alternative dispute resolutionproceeding in which such damages are claimedand to which the insured submits with ourconsent.

19. "Temporary worker" means a person who isfurnished to you to substitute for a permanent"employee" on leave or to meet seasonal or short-term workload conditions.

20. "Volunteer worker" means a person who is not your"employee", and who donates his or her work andacts at the direction of and within the scope of dutiesdetermined by you, and is not paid a fee, salary orother compensation by you or anyone else for theirwork performed for you.

21. "Your product":


a. Means:

(1) Any goods or products, other than realproperty, manufactured, sold, handled,distributed or disposed of by:

(a) You;

(b) Others trading under your name; or

(c) A person or organization whose businessor assets you have acquired; and

(2) Containers (other than vehicles), materials,parts or equipment furnished in connectionwith such goods or products.

b. Includes:

(1) Warranties or representations made at anytime with respect to the fitness, quality,durability, performance or use of "yourproduct"; and

(2) The providing of or failure to provide warningsor instructions.

c. Does not include vending machines or otherproperty rented to or located for the use of othersbut not sold.

22. "Your work":

a. Means:

(1) Work or operations performed by you or onyour behalf; and

(2) Materials, parts or equipment furnished inconnection with such work or operations.

b. Includes:

(1) Warranties or representations made at anytime with respect to the fitness, quality,durability, performance or use of "your work";and

(2) The providing of or failure to provide warningsor instructions.

ENDORSEMENTNO.


POLICY NUMBER



Includes copyrighted material of ISO Properties, Inc., with its permission.Copyright, ISO Properties, Inc., 2007

KR-GL-94 (1-08) Page 1 of 2


COMMERCIAL GENERAL LIABILITY BROADENED COVERAGE



A. SECTION I—COVERAGES, COVERAGE ABODILY INJURY AND PROPERTY DAMAGELIABILITY, subsection 2. Exclusions, paragraph a.is replaced by:

a. “Bodily injury” or “property damage” expected orintended from the standpoint of the insured.This exclusion does not apply to “bodily injury”or “property damage” resulting from the use of reasonable force to protect persons or prop-erty.

B. SECTION I—COVERAGES, Coverage A. BODILYINJURY AND PROPERTY DAMAGE LIABILITY,subsection 2. Exclusions, paragraph g.(2) is re-placed by:

(2) A watercraft you do not own that is:

(a) Less than fifty-one (51) feet long; and

(b) Not being used to carry persons or propertyfor a charge.

C. SECTION I—COVERAGES, Coverage B.PERSONAL AND ADVERTISING INJURYLIABILITY, subsection 2. Exclusions, paragraph b.and c. are replaced by:

b. Material Published With Knowledge ofFalsity

“Personal and advertising injury” arising out ofpublication of material, including, but not limitedto, oral, written, televised, videotaped or elec-tronically transmitted publication of material, ifdone at the direction of the insured with knowl-edge of its falsity;

c. Material Published Prior To Policy Period

“Personal and advertising injury” arising out ofpublication of material, including, but not limitedto, oral, written, televised, videotaped or elec-tronically transmitted publication of material,whose first publication took place before thebeginning of the policy period.

D. SECTION I—COVERAGES, SUPPLEMENTARYPAYMENTS—COVERAGES A. and B.,paragraph 1.b. and 1.d. are replaced by:

b. Up to $1,000 for the cost of bail bonds requiredbecause of accidents or traffic law violationsarising out of the use of any vehicle to which theBodily Injury Liability Coverage applies. We donot have to furnish these bonds.

d. All reasonable expenses incurred by the in-sured at our request to assist us in the investi-gation or defense of the claim or “suit,” includingactual loss of earnings up to $500 a day be-cause of time off from work.

E. The following replaces SECTION II—WHO IS ANINSURED, 3.a.:

a. Coverage under this provision is afforded onlyuntil the 180th day after you acquire or form theorganization or the end of the policy period,whichever is earlier.

0000



KR-GL-94 (1-08) Page 2 of 2

F. The following are added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDI-TIONS, paragraph 2. Duties In The Event ofOccurrence, Offense, Claim Or Suit:

Knowledge of the “occurrence,” offense, claim or“suit” by the agent, servant, or “employee” of an in-sured shall not in itself constitute your knowledgeunless one of your officers, manager or partnershas received notice of the “occurrence,” offense,claim or “suit.”

Failure by the agent, servant or “employee” of aninsured (other than an officer, manager or partner)to notify us of an “occurrence” shall not constitute afailure to comply with Items a. and b. of this condi-tion.

G. The following are added to SECTION IV—COMMERCIAL GENERAL LIABILITYCONDITIONS:

Unintentional Error or Omission

Any unintentional error or omission in the descrip-tion of or failure to completely describe, any prem-ises or operations intended to be covered by thisCoverage Part will not invalidate or affect coveragefor those premises or operations. However, youmust report such error or omission to us as soon aspracticable after its discovery.

Waiver of Right of Recovery

We waive all rights of recovery when you haveagreed to waive your rights of recovery when re-quired by a written contract. However, this provisiononly applies if the written contract was executedprior to the date of the “occurrence.”

H. With respect to this endorsement, the following re-places SECTION V—DEFINITIONS, paragraph 3.and 14.:

3. “Bodily injury” means bodily injury, sickness ordisease sustained by a person. This includesmental anguish, mental injury, shock, fright,humiliation, emotional distress or death result-ing from bodily injury, sickness or disease.

14. “Personal and advertising injury” means injury,including consequential “bodily injury,” arisingout of one or more of the following offenses:


b. Malicious prosecution or abuse of process;

c. The wrongful eviction from, wrongful entryinto, or invasion of the right of private occu-pancy of a room, dwelling or premises thata person occupies, committed by or on be-half of its owner, landlord or lessor;

d. Any publication of material including, butnot limited to oral, written, televised, video-taped or electronically transmitted publica-tion of material that slanders or libels aperson or organization or disparages a per-son’s or organization’s goods, products orservices;

e. Any publication of material, including butnot limited to oral, written, televised, video-taped or electronically transmitted publica-tion of material that violates a person’s rightof privacy;

f. The use of another’s advertising idea inyour “advertisement”; or

g. Infringing upon another’s copyright, tradedress or slogan in your “advertisement.”

I. Broadened Coverage—Damage to PremisesRented to You

1. The word fire is replaced with the phrase fire orexplosion where it appears in:

a. SECTION I—COVERAGES, Coverage A.,2. Exclusions, j. Damage to Property;

b. SECTION I—COVERAGES, Coverage A.,2. Exclusions, last paragraph;

c. SECTION III—LIMITS OF INSURANCE,Item 6.;

d. SECTION IV—COMMERCIAL GENERALLIABILITY CONDITIONS, 4. OtherInsurance, Item (1)(b).

2. The Limit of Insurance applicable to Damage toPremises Rented to You is $300,000 unless ahigher limit is specified on the CommercialGeneral Liability Coverage Part SupplementalDeclarations.


ENDORSEMENTNO.


POLICY NUMBER



KR-GL-43 (4-07) Page 1 of 1


EARNED PREMIUM


COMMERCIAL GENERAL LIABILITY COVERAGE PART

The following is effective only when indicated by an “x.”

Premium Fully Earned at inception……………………………………

Premium Fully Earned at inception …………………………………...(Percentage of Policy Term Premium)

Balance earned …………………………………………………………(Indicate when 100% of premium is earned)

Total Premium…………………………………………………………..

90% of the annual premium is earned during the term of the event or season

Premium Fully Earned as follows:

of Total Premium is Fully Earned in the event of cancellation prior to

Total Policy Premium is Fully Earned in the event of cancellation after

Event Premiums

The following premiums apply to each category of event indicated and are Fully Earned as of thebeginning of each event:

EVENT PREMIUM PER EVENT


0000


X $ 10,000

ENDORSEMENTNO.


POLICY NUMBER



KR-GL-61 (4-07) Page 1 of 1


FIREWORKS EXCLUSION



This insurance does not apply to “bodily injury,” “property damage” or “personal and advertising injury”arising out of fireworks.

For the purposes of this endorsement, fireworks means any display of explosive or burning devices, mate-rial or pyrotechnics. Fireworks does not include:

a. The firing of an explosive commonly used to start or end an event; or

b. Flashboxes which are induced electronically in a cylinder with no projectile, wadding or wrapping.


0000


ENDORSEMENTNO.


POLICY NUMBER



KR-GL-60 (4-07) Page 1 of 2


COMMERCIAL GENERAL LIABILITY“COVERED PROGRAM” EVENT TYPE/LIMIT/RATE SCHEDULE

Limits of liability indicated below apply to each type of event specified herein:

TYPE OF EVENT:

LIMITS: EACH OCCURRENCE

LEGAL LIABILITY TO PARTICIPANT

RATE: EACH EVENT; ANNUAL

TYPE OF EVENT:




TYPE OF EVENT:




TYPE OF EVENT:




0000


State Snowmobile Association - Annual

$1,000,000

NONE

$ 284,364 X

Drag Events

$1,000,000

NONE

$ 466 X

Uphill Drag Fundraiser

$1,000,000

NONE

$ 1,200 X

Vintage Oval, Slalom, Cross Country

$1,000,000

NONE

$ 466 X

KR-GL-60 (4-07) Page 2 of 2

TYPE OF EVENT:




TYPE OF EVENT:




TYPE OF EVENT:




TYPE OF EVENT:




TYPE OF EVENT:




TYPE OF EVENT:





Snowmobile Grass Drag

$1,000,000

NONE

$ 443 X

ENDORSEMENTNO.


POLICY NUMBER




KR-GL-53 (4-07) Page 1 of 1


EXCLUSION—DESIGNATED OPERATIONS



SCHEDULE

Description of Designated Operation(s):

Specified Location (If Applicable):

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicableto this endorsement.)

The following exclusion is added to SECTION I—COVERAGES, COVERAGE A BODILY INJURY ANDPROPERTY DAMAGE LIABILITY, 2. Exclusions:

This insurance does not apply to “bodily injury” or “prop-erty damage” arising out of the operations described in theSchedule of this endorsement, regardless of whether suchoperations are conducted by you or on your behalf orwhether the operations are conducted for yourself or forothers.

Unless a “location” is specified in the Schedule, this exclu-sion applies regardless of where such operations are con-ducted by you or on your behalf. If a specific “location” isdesignated in the Schedule of this endorsement, this ex-clusion applies only to the described operations conductedat that “location.”

For the purpose of this endorsement, “location” meanspremises involving the same or connecting lots, or prem-ises whose connection is interrupted only by a street,roadway, water way or right-of-way of a railroad.


0000


Coverage is excluded for all club functions/activities/events that include equipment/vehicles other than snowmobiles in so far as the equipment/vehicles are not club owned or operated.

ENDORSEMENTNO.


POLICY NUMBER



KR-GL-73 (4-07) Page 1 of 1


EXCLUSION—NON RACING DAY PREMISES

SCHEDULE

Description and Location of Premises:

(If no entry appears above, information required to complete this endorsement will be shown in the Decla-rations as applicable to this endorsement.)

For the coverage provided in the MOTORSPORTS RACING LIABILITY COVERAGE, this insurance doesnot apply to “bodily injury,” “property damage” and “personal and advertising injury” arising out of:

1. The ownership, maintenance or use of the premises shown in the Schedule or any property locatedon these premises unless a “covered program” is taking place.

2. Operations on these premises or elsewhere which are necessary or incidental to the ownership, main-tenance or use of these premises unless they specifically apply to a “covered program”; or

3. Goods or products manufactured at or distributed from these premises.(


0000


ENDORSEMENTNO.


POLICY NUMBER




KR-GL-89 (4-07) Page 1 of 1


AMENDMENT OF LIMITS—INSURED MEMBER



The Limits of Insurance shown in the Supplemental Declarations, or wherever they may appear, apply separatelyto each “insured member.”With respect to this endorsement, “insured member” means the entity or entities indicated below by an “x” in thebox for which premium has been paid for coverage under this policy:

First Named Insured

Club Team Concessionaire

League Association Vendor

Instructor Organization Exhibitor

Other

However, the Limits of Insurance do not apply separately to the following:

a. The individual persons, subsidiaries, affiliates or other entities that are a part of the “insured member”when the “insured member” is not an individual person; or

b. Any person, subsidiary, affiliate or other entity that qualifies as an insured or an additional insured un-der this policy that is not an “insured member.”


0000


X

X

ENDORSEMENTNO.


POLICY NUMBER



GL-58s (12-93)


LEAD CONTAMINATION EXCLUSION

This endorsement modifies insurance provided under:


This endorsement excludes “occurrences” at or from anypremises, site or location which is or was at any timeowned or occupied by, or rented or loaned to, any insured;or from the operations of the insured, which result in:

a. “Bodily injury” arising out of the ingestion, inhalation orabsorption of lead in any form;

b. “Property Damage” arising from any form of lead;

c. “Personal Injury” arising from any form of lead;

d. “Advertising Injury” arising from any form of lead;

e. Medical Payments arising from any form of lead;

f. Any loss, cost or expense arising out of any request,demand or order that any insured or others test for,monitor, clean up, remove, contain, treat, detoxify orneutralize, or in any way respond to, or assess the ef-fects of lead; or

g. Any loss, cost or expense arising out of any claim or“suit” by or on behalf of a governmental authority fordamages because of testing for, monitoring, cleaningup, removing, containing, treating, detoxifying or neu-tralizing, or in any way responding to, or assessing theeffects of lead.


0000


ENDORSEMENTNO.


POLICY NUMBER



KR-GL-136 (10-11) Page 1 of 3


CYBER PRIVACY AND CLIENT IDENTITY THEFTSUPPLEMENTARY PAYMENTS



The following is added to SUPPLEMENTARY PAY-MENTS—COVERAGES A AND B of SECTION I—COVERAGES:

With respect to “personal and advertising injury,”the following payments will not reduce the limits of insurance:

1. Up to $25,000 during the policy period for Net-work Remediation Work to investigate, remedi-ate, develop or improve your network securitysystems to address any network security issuesraised as a result of a claim made against youfor “personal and advertising injury” as definedin Definition 14. as amended in this endorse-ment.

2. Up to $10,000 per person with an aggregate of$100,000 during the policy period, to reimburseyou for any sums you become legally obligatedto pay as damages because of “personal andadvertising injury” arising from the loss or theftof “personal information” or data about any cli-ent which is in your care, custody or control.This includes, without limitation, loss or theftfrom any computer, computer system, networkor website that is in your care, custody or con-trol.

The $100,000 aggregate limit of insurance ap-plicable to this supplemental payment is themaximum amount payable for the policy period,for all of you regardless of the number ofclaims, and is in addition to the General Aggre-gate Limit as set forth in the Declarations.

In respect to the coverage afforded by this sup-plemental payment only, damages means acompensatory monetary amount for which youmay be held legally liable, including any costs

associated with correcting, monitoring and safe-guarding “personal information” that you have alegal liability to protect from identity theft.

Damages shall include punitive damages, ex-emplary damages or any damages which are amultiple of compensatory damages includingdouble or treble damages, awarded against youif such damages are insurable pursuant toapplicable law.

Damages do not include:

a. Civil or criminal fines, sanctions, restitutionor penalties, whether pursuant to any civilor criminal law or statute: however, dam-ages includes fines and penalties assessedagainst your clients by the Internal RevenueService or any state or municipal tax au-thority;

b. Amounts paid to you as fees, costs or ex-penses for services performed which are tobe reimbursed or discharged as part of thejudgment or settlement;

c. Any cost assessed against you as the resultof any proceeding brought against you by astate or other regulatory or disciplinary offi-cial or agency to investigate charges alleg-ing professional misconduct in performingyour business operations.

d. Equitable relief, injunctive relief, declaratoryrelief or any other relief or recovery that isnot seeking a monetary judgment, award orsettlement; or

e. Any fees, costs or expenses, including, butis not limited to, claimant/plaintiff attorneyfees, related to equitable relief, injunctive

0000


KR-GL-136 (10-11) Page 2 of 3

relief, declaratory relief or any other relief orrecovery that is not seeking a monetaryjudgment, award or settlement.

3. Up to $12,500 during the policy period to reim-burse you for attorney fees, attorney costs andcourt costs you incur, regardless of the numberof investigations or the number of you who aresubject to such investigations, in responding to:

a. Any investigation a state licensing board,self regulatory body, public oversight boardorgovernmental agency with the authority toregulate your business operations or anyentity acting on behalf of such entities thatinitiates an investigation of you;

b. Arising from an act or omission in the ren-dering of professional services including anactual or alleged violation of a “privacybreach notice law” or any law referencedunder the definition of “privacy and identitytheft”; and

c. You report this to us in accordance withparagraph 2. Duties In The Event Of Oc-currence, Offense, Claim Or Suit ofSECTION IV—COMMERCIAL GENERALLIABILITY.

With respect to this endorsement, definition 14, “per-sonal and advertising injury” of SECTION V—DEFINITIONS is replaced by:

14. “Personal and advertising injury” means injuryarising out of one or more of the followingoffenses:


b. Malicious prosecution;

c. The wrongful eviction from, wrongful entryinto, or invasion of the right of private occu-pancy of a room, dwelling or premises thata person occupies by or on behalf of itsowner, landlord or lessor;

d. Oral or written publication of material thatslanders or libels a person or organizationor disparages a person’s or organization’sgoods, products or services;

e. Oral or written publication of material thatviolates a person’s right of privacy; or

f. Violation of a right of privacy or a “privacyregulation” as a result of a breach of the In-sured’s network security through hacking,mismanagement, and/or loss or theft of“personal information,” computer hardware,software or personal digital assistant.

With respect to this endorsement, the following defini-tions are added to SECTION V—DEFINITIONS:

Whenever used in this policy, the following wordshave these meanings:

“Personal information” means an individual’s iden-tity with any one or more of the following:

1. Social Security number;

2. A medical or health care data, or other pro-tected health information;

3. Drivers license number or state identificationnumber;

4. Account number, credit card number or debitcard number in combination with any requiredsecurity code, access code or password thatwould permit access to that individual’s financialaccount; or

5. Other nonpublic personal information as definedin a “privacy regulation.”

“Privacy regulation” means state, federal, and for-eign identity theft and privacy protection legislationincluding but not limited to: a) Health InsurancePortability and Accountability Act of 1996 (PublicLaw 104-191); b) Gramm-Leach-Bliley Act of 1999;c) the California Security Breach Notification Act(CA SB 1386); and other similar state, federal, andforeign identity theft and privacy protection legisla-tion that requires commercial entities that collect“personal information” to post privacy policies,adopt specific privacy controls, or notify individualsin the event that “personal information” has beenpotentially been compromised.

With respect to the coverage afforded by this Supple-mentary Payments only, the following definitions areadded:

“Privacy breach notice law” means any statute orregulation that requires an entity who is the custo-dian of “personal information” to provide notice toindividuals of any actual or potential privacy breachwith respect to such “personal information.” “Privacybreach notice law” include Sections 1798.29 and1798.82—1798.84 of the California Civil Code (for-merly S.B. 1386) and other similar laws in any juris-diction.

“Privacy injury and identity theft” means:

1. Any unauthorized disclosure of, inability to ac-cess, or inaccuracy with respect to, “personalinformation” in violation of:

a. Your “privacy policy”; or

b. Any federal, state, foreign or other law,statute or regulation governing the confi-dentiality, integrity or accessibility of “per-

KR-GL-136 (10-11) Page 3 of 3

sonal information” including, but is not lim-ited to, the Health Insurance Portability andAccount-ability Act of 1996, Gramm-Leach-Biley Act, Children’s Online Privacy Protec-tion Act, or the EU Data Protection Act.

2. Your failure to prevent unauthorized access to“confidential commercial information.”

“Privacy policy” means your polices in written orelectronic form that:

1. Govern the collection, dissemination, confiden-tiality, integrity, accuracy or availability of “per-sonal information”; and

2. You provide to your customers, employees orothers who provide you with “personal informa-tion.”

“Confidential commercial information” means infor-mation that has been provided to you by another, orcreated by you for another where such informationis subject to the terms of a confidentiality agreementor equivalent obligating you to protect such informa-tion on behalf of another.


CG 02 24 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1

CG 02 24 10 93


EARLIER NOTICE OF CANCELLATION PROVIDED BY US


COMMERCIAL GENERAL LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

This endorsement changes the policy effective on the inception date of the policy unless another date is indicatedbelow.

Endorsement Effective Policy No.

Countersigned byNamed Insured

(Authorized Representative)

SCHEDULE

Number of Days’ Notice

(If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applica-ble to this endorsement.)

For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice ofcancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amendedby an applicable state cancellation endorsement, is increased to the number of days shown in the Scheduleabove.

04/22/15 KEO0000005273400

NEW YORK STATE (SEE KR-SP-1)

90




ADDITIONAL INSURED – DESIGNATEDPERSON OR ORGANIZATION



SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended toinclude as an additional insured the person(s) ororganization(s) shown in the Schedule, but onlywith respect to liability for "bodily injury", "propertydamage" or "personal and advertising injury"caused, in whole or in part, by your acts oromissions or the acts or omissions of those actingon your behalf:

1. In the performance of your ongoing operations;or

2. In connection with your premises owned by orrented to you.

However:

1. The insurance afforded to such additionalinsured only applies to the extent permitted bylaw; and

2. If coverage provided to the additional insured isrequired by a contract or agreement, the

insurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured.

B. With respect to the insurance afforded to theseadditional insureds, the following is added toSection III – Limits Of Insurance:

If coverage provided to the additional insured isrequired by a contract or agreement, the most wewill pay on behalf of the additional insured is theamount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits ofInsurance shown in the Declarations;

whichever is less.

This endorsement shall not increase the applicableLimits of Insurance shown in the Declarations.

KEO0000005273400

Landowners and government entities who allow their land to be used as trails by member clubs of New York State Snowmobile Association Inc.

Clubs are defined as an organization which is a member in good standing of the New York State Snowmobile Association Inc. at the time coverage commences, or otherwise added with the approval of the Company.




EXCLUSION – ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONALINFORMATION AND DATA-RELATED LIABILITY – WITH

LIMITED BODILY INJURY EXCEPTION



A. Exclusion 2.p. of Section I – Coverage A – BodilyInjury And Property Damage Liability is replacedby the following:

2. Exclusions


p. Access Or Disclosure Of Confidential OrPersonal Information And Data-relatedLiability

Damages arising out of:

(1) Any access to or disclosure of anyperson's or organization's confidential orpersonal information, including patents,trade secrets, processing methods,customer lists, financial information, creditcard information, health information or anyother type of nonpublic information; or

(2) The loss of, loss of use of, damage to,corruption of, inability to access, or inability to manipulate electronic data.

This exclusion applies even if damages areclaimed for notification costs, creditmonitoring expenses, forensic expenses,public relations expenses or any other loss,cost or expense incurred by you or othersarising out of that which is described inParagraph (1) or (2) above.

However, unless Paragraph (1) aboveapplies, this exclusion does not apply todamages because of "bodily injury".

As used in this exclusion, electronic datameans information, facts or programs storedas or on, created or used on, or transmitted toor from computer software, including systems and applications software, hard or floppydisks, CD-ROMs, tapes, drives, cells, dataprocessing devices or any other media whichare used with electronically controlledequipment.

B. The following is added to Paragraph 2. Exclusionsof Section I – Coverage B – Personal AndAdvertising Injury Liability:

2. Exclusions


Access Or Disclosure Of Confidential OrPersonal Information

"Personal and advertising injury" arising out ofany access to or disclosure of any person's ororganization's confidential or personalinformation, including patents, trade secrets,processing methods, customer lists, financialinformation, credit card information, healthinformation or any other type of nonpublicinformation.

This exclusion applies even if damages areclaimed for notification costs, credit monitoringexpenses, forensic expenses, public relationsexpenses or any other loss, cost or expenseincurred by you or others arising out of anyaccess to or disclosure of any person's ororganization's confidential or personalinformation.

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CG 21 35 10 01 © ISO Properties, Inc., 2000 Page 1 of 1



EXCLUSION – COVERAGE C – MEDICAL PAYMENTS



SCHEDULE

Description And Location Of Premises Or Classification:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applica-ble to this endorsement.)

With respect to any premises or classification shown in theSchedule:

1. Section I – Coverage C – Medical Payments doesnot apply and none of the references to it in theCoverage Part apply: and

2. The following is added to Section I – Supplemen-tary Payments:

h. Expenses incurred by the insured for first aidadministered to others at the time of an accidentfor "bodily injury" to which this insurance ap-plies.

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LIMITATION OF COVERAGE TO DESIGNATEDPREMISES OR PROJECT



SCHEDULE

Premises:

Project:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicableto this endorsement.)

This insurance applies only to “bodily injury”, “property damage”, “personal and advertising injury” and medical expensesarising out of:

1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary or incidental tothose premises; or

2. The project shown in the Schedule.


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Various, as on file with the Company




EMPLOYMENT-RELATED PRACTICES EXCLUSION



A. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage A – Bodily In-jury And Property Damage Liability:


"Bodily injury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's employment; or

(c) Employment-related practices, policies, actsor omissions, such as coercion, demotion,evaluation, reassignment, discipline, defama-tion, harassment, humiliation, discriminationor malicious prosecution directed at that per-son; or

(2) The spouse, child, parent, brother or sister of thatperson as a consequence of "bodily injury" to thatperson at whom any of the employment-relatedpractices described in Paragraphs (a), (b), or (c)above is directed.

This exclusion applies:

(1) Whether the injury-causing event described inParagraphs (a), (b) or (c) above occurs beforeemployment, during employment or after em-ployment of that person;

(2) Whether the insured may be liable as an em-ployer or in any other capacity; and

(3) To any obligation to share damages with or repaysomeone else who must pay damages becauseof the injury.

B. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage B – PersonalAnd Advertising Injury Liability:


"Personal and advertising injury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's employment; or

(c) Employment-related practices, policies, actsor omissions, such as coercion, demotion,evaluation, reassignment, discipline, defama-tion, harassment, humiliation, discriminationor malicious prosecution directed at that per-son; or

(2) The spouse, child, parent, brother or sister of thatperson as a consequence of "personal and ad-vertising injury" to that person at whom any of theemployment-related practices described in Para-graphs (a), (b), or (c) above is directed.

This exclusion applies:

(1) Whether the injury-causing event described inParagraphs (a), (b) or (c) above occurs beforeemployment, during employment or after em-ployment of that person;

(2) Whether the insured may be liable as an em-ployer or in any other capacity; and

(3) To any obligation to share damages with or repaysomeone else who must pay damages becauseof the injury.

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FUNGI OR BACTERIA EXCLUSION



A. The following exclusion is added to Paragraph 2.Exclusions of Section I – Coverage A – Bodily In-jury And Property Damage Liability:

2. Exclusions


Fungi Or Bacteria

a. "Bodily injury" or "property damage" whichwould not have occurred, in whole or in part,but for the actual, alleged or threatened inha-lation of, ingestion of, contact with, exposureto, existence of, or presence of, any "fungi" orbacteria on or within a building or structure,including its contents, regardless of whetherany other cause, event, material or productcontributed concurrently or in any sequence tosuch injury or damage.

b. Any loss, cost or expenses arising out of theabating, testing for, monitoring, cleaning up,removing, containing, treating, detoxifying,neutralizing, remediating or disposing of, or inany way responding to, or assessing the ef-fects of, "fungi" or bacteria, by any insured orby any other person or entity.

This exclusion does not apply to any "fungi" orbacteria that are, are on, or are contained in, agood or product intended for bodily consumption.

B. The following exclusion is added to Paragraph 2.Exclusions of Section I – Coverage B – PersonalAnd Advertising Injury Liability:

2. Exclusions


Fungi Or Bacteria

a. "Personal and advertising injury" which wouldnot have taken place, in whole or in part, butfor the actual, alleged or threatened inhalationof, ingestion of, contact with, exposure to, ex-istence of, or presence of any "fungi" or bacte-ria on or within a building or structure, includ-ing its contents, regardless of whether anyother cause, event, material or product con-tributed concurrently or in any sequence tosuch injury.

b. Any loss, cost or expense arising out of theabating, testing for, monitoring, cleaning up,removing, containing, treating, detoxifying,neutralizing, remediating or disposing of, or inany way responding to, or assessing the ef-fects of, "fungi" or bacteria, by any insured orby any other person or entity.

C. The following definition is added to the DefinitionsSection:

"Fungi" means any type or form of fungus, includingmold or mildew and any mycotoxins, spores, scents orbyproducts produced or released by fungi.

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SILICA OR SILICA-RELATED DUST EXCLUSION



A. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage A – Bodily InjuryAnd Property Damage Liability:

2. Exclusions


Silica Or Silica-Related Dust

a. "Bodily injury" arising, in whole or in part, out ofthe actual, alleged, threatened or suspected in-halation of, or ingestion of, "silica" or "silica-related dust".

b. "Property damage" arising, in whole or in part,out of the actual, alleged, threatened or sus-pected contact with, exposure to, existence of,or presence of, "silica" or "silica-related dust".

c. Any loss, cost or expense arising, in whole or inpart, out of the abating, testing for, monitoring,cleaning up, removing, containing, treating, de-toxifying, neutralizing, remediating or disposingof, or in any way responding to or assessing theeffects of, "silica" or "silica-related dust", by anyinsured or by any other person or entity.

B. The following exclusion is added to Paragraph 2.,Exclusions of Section I – Coverage B – PersonalAnd Advertising Injury Liability:

2. Exclusions


Silica Or Silica-Related Dust

a. "Personal and advertising injury" arising, inwhole or in part, out of the actual, alleged,threatened or suspected inhalation of, ingestionof, contact with, exposure to, existence of, orpresence of, "silica" or "silica-related dust".

b. Any loss, cost or expense arising, in whole or inpart, out of the abating, testing for, monitoring,cleaning up, removing, containing, treating, de-toxifying, neutralizing, remediating or disposingof, or in any way responding to or assessing theeffects of, "silica" or "silica-related dust", by anyinsured or by any other person or entity.

C. The following definitions are added to the DefinitionsSection:

1. "Silica" means silicon dioxide (occurring in crystal-line, amorphous and impure forms), silica particles,silica dust or silica compounds.

2. "Silica-related dust" means a mixture or combina-tion of silica and other dust or particles.

KEO0000005273400



PRODUCTS/COMPLETED OPERATIONS HAZARDREDEFINED


COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Description of Premises and Operations:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations asapplicable to this endorsement.)

a.With respect to “bodily injury” or “property damage” Paragraph of the definition of “Products-completedarising out of “your products” manufactured, sold, han- operations hazard” in the DEFINITIONS Section is re-dled or distributed: placed by the following:

1. On, from or in connection with the use of any prem- “Products-completed operations hazard”:ises described in the Schedule, or a. Includes all “bodily injury” and “property dam-

2. In connection with the conduct of any operation age” that arises out of “your products” if thedescribed in the Schedule, when conducted by you “bodily injury” or “property damage” occurs afteror on your behalf, you have relinquished possession of those

products.

CG 24 07 01 96 Page 1 of 1Copyright, Insurance Services Office, Inc., 1994

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EXCLUSION OF CERTIFIED ACTS OF TERRORISM


COMMERCIAL GENERAL LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTION LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTUNDERGROUND STORAGE TANK POLICY

A. The following exclusion is added:


TERRORISM

"Any injury or damage" arising, directly or indirectly,out of a "certified act of terrorism".

B. The following definitions are added:

1. For the purposes of this endorsement, "any injuryor damage" means any injury or damage coveredunder any Coverage Part to which this endorse-ment is applicable, and includes but is not limitedto "bodily injury", "property damage", "personaland advertising injury", "injury" or "environmental damage" as may be defined in any applicableCoverage Part.

2. "Certified act of terrorism" means an act that iscertified by the Secretary of the Treasury, in con-currence with the Secretary of State and the At-torney General of the United States, to be an actof terrorism pursuant to the federal TerrorismRisk Insurance Act. The criteria contained in theTerrorism Risk Insurance Act for a "certified actof 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 TerrorismRisk Insurance Act; and

b. The act is a violent act or an act that is dan-gerous to human life, property or infrastruc-ture and is committed by an individual or indi-viduals as part of an effort to coerce thecivilian population of the United States or toinfluence the policy or affect the conduct ofthe United States Government by coercion.

KEO0000005273400




NEW YORK CHANGES – PREMIUM AUDIT


COMMERCIAL GENERAL LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTPRODUCT WITHDRAWAL COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraph b. of the Premium Audit Condition Sec-tion IV is replaced by the following:

PREMIUM AUDIT

b. Premium shown in this Coverage Part as ad-vance premium is a deposit premium only. At theclose of each audit period we will compute theearned premium for that period and send noticeto the first Named Insured. The due date foraudit and retrospective premiums is the dateshown as the due date on the bill. An audit todetermine the final premium due or to be re-funded will be completed within 180 days afterthe expiration date of the policy. But the auditmay be waived if the total annual premium at-tributable to the auditable exposure base is notreasonably expected to exceed $1500. If thesum of the advance and audit premiums paid forthe policy term is greater than the earned pre-mium, we will return the excess to the firstNamed Insured.

B. Except as provided in Paragraph A. above, the Ex-amination Of Your Books And Records CommonPolicy Condition continues to apply.

KEO0000005273400




NEW YORK CHANGES –COMMERCIAL GENERAL LIABILITY COVERAGE FORM



A. Paragraph 1. Insuring Agreement of Section I –Coverage A Bodily Injury And Property DamageLiability is replaced by the following:


a. We will pay those sums that the insuredbecomes legally obligated to pay as damagesbecause of "bodily injury" or "propertydamage" to which this insurance applies. Wewill have the right and duty to defend theinsured against any "suit" seeking thosedamages even if the allegations of the "suit"are groundless, false or fraudulent. However,we will have no duty to defend the insuredagainst any "suit" seeking damages for"bodily injury" or "property damage" to whichthis insurance does not apply. We may, at ourdiscretion, investigate any "occurrence" andsettle any claim or "suit" that may result. But:

(1) The amount we will pay for damages islimited as described in Section III – LimitsOf Insurance; and

(2) Our right and duty to defend end when wehave used up the applicable limit ofinsurance in the payment of judgments orsettlements under Coverages A or B ormedical expenses under Coverage C.

No other obligation or liability to pay sums orperform acts or services is covered unlessexplicitly provided for under SupplementaryPayments – Coverages A and B.

b. This insurance applies to "bodily injury" and"property damage" only if:

(1) The "bodily injury" or "property damage" iscaused by an "occurrence" that takesplace in the "coverage territory";

(2) The "bodily injury" or "property damage"occurs during the policy period; and

(3) Prior to the policy period, no insured listedunder Paragraph 1. of Section II – Who IsAn Insured and no "employee" authorizedby you to give or receive notice of an"occurrence" or claim, knew that the"bodily injury" or "property damage" hadoccurred, in whole or in part. If such alisted insured or authorized "employee"knew, prior to the policy period, that the"bodily injury" or "property damage"occurred, then any continuation, changeor resumption of such "bodily injury" or"property damage" during or after thepolicy period will be deemed to have beenknown prior to the policy period.

c. "Bodily injury" or "property damage" whichoccurs during the policy period and was not,prior to the policy period, known to haveoccurred by any insured listed underParagraph 1. of Section II – Who Is AnInsured or any "employee" authorized by youto give or receive notice of an "occurrence" orclaim, includes any continuation, change orresumption of that "bodily injury" or "propertydamage" after the end of the policy period.

d. "Bodily injury" or "property damage" will bedeemed to have been known to haveoccurred at the earliest time when anyinsured listed under Paragraph 1. of Section II– Who Is An Insured or any "employee"authorized by you to give or receive notice ofan "occurrence" or claim:

(1) Reports all, or any part, of the "bodilyinjury" or "property damage" to us or anyother insurer;

(2) Receives a written or verbal demand orclaim for damages because of the "bodilyinjury" or "property damage"; or

(3) Becomes aware by any other means that"bodily injury" or "property damage" hasoccurred or has begun to occur.

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e. Damages because of "bodily injury" includedamages claimed by any person ororganization for care, loss of services ordeath resulting at any time from the "bodilyinjury".

B. Paragraph 1.a. of Section I – Coverage B PersonalAnd Advertising Injury Liability is replaced by thefollowing:


a. We will pay those sums that the insuredbecomes legally obligated to pay as damagesbecause of "personal and advertising injury"to which this insurance applies. We will havethe right and duty to defend the insuredagainst any "suit" seeking those damageseven if the allegations of the "suit" aregroundless, false or fraudulent. However, wewill have no duty to defend the insuredagainst any "suit" seeking damages for"personal and advertising injury" to which thisinsurance does not apply. We may, at ourdiscretion, investigate any offense and settleany claim or "suit" that may result. But:

(1) The amount we will pay for damages islimited as described in Section III – LimitsOf Insurance; and

(2) Our right and duty to defend end when wehave used up the applicable limit ofinsurance in the payment of judgments orsettlements under Coverages A and B ormedical expenses under Coverage C.

No other obligation or liability to pay sums orperform acts or services is covered unlessexplicitly provided for under SupplementaryPayments – Coverages A and B.

C. The following is added as Paragraph e. to theDuties In The Event Of Occurrence, Offense,Claim Or Suit Condition (Paragraph 2. of SectionIV – Commercial General Liability Conditions):

e. Notice given by or on behalf of the insured, orwritten notice by or on behalf of the injuredperson or any other claimant, to any agent ofours in New York State, with particularssufficient to identify the insured, shall beconsidered to be notice to us.

D. Paragraph 3. of Section IV – Commercial GeneralLiability Conditions is replaced by the following:

3. Legal Action Against Us

a. Except as provided in Paragraph b., noperson or organization has a right under thisCoverage Part:

(1) To join us as a party or otherwise bring usinto a "suit" asking for damages from aninsured; or

(2) To sue us on this Coverage Part unless allof its terms have been fully complied with.

A person or organization may sue us torecover on an agreed settlement or on a finaljudgment against an insured; but we will notbe liable for damages that are not payableunder the terms of this Coverage Part or thatare in excess of the applicable limit ofinsurance. An agreed settlement means asettlement and release of liability signed byus, the insured and the claimant or theclaimant's legal representative.

b. With respect to "bodily injury" and "personaland advertising injury" claims, if we denycoverage or do not admit liability because aninsured or the injured person, someone actingfor the injured person or other claimant fails togive us written notice as soon as practicable,then the injured person, someone acting forthe injured person or other claimant may bringan action against us, provided the solequestion is whether the denial of coverage ornonadmission of liability is based on thefailure to provide timely notice.

However, the injured person, someone actingfor the injured person or other claimant maynot bring an action if within 60 days after wedeny coverage or do not admit liability, we oran insured:

(1) Brings an action to declare the rights ofthe parties under the policy; and

(2) Names the injured person, someoneacting for the injured person or otherclaimant as a party to the action.

E. The following provision is added and supersedesany provision to the contrary:

Failure to give notice to us as required under thisCoverage Part shall not invalidate any claim madeby the insured, injured person or any other claimant,unless the failure to provide such timely notice hasprejudiced us. However, no claim made by theinsured, injured person or other claimant will beinvalidated if it shall be shown not to have beenreasonably possible to give such timely notice andthat notice was given as soon as was reasonablypossible thereafter.

F. The definition of "loading or unloading" in theDefinitions Section does not apply.




NEW YORK CHANGES - TRANSFER OFDUTIES WHEN A LIMIT OF INSURANCE IS USED UP



The following Condition is added to COMMERCIALGENERAL LIABILITY CONDITIONS (Section IV):

Transfer of Duties When a Limit of Insurance Is UsedUp.

a. If we conclude that, based on “occurrences,” offenses,claims or “suits” which have been reported to us and towhich this insurance may apply, the:

(1) General Aggregate Limit (other than theProducts/Completed Operations Aggregate Limit);

(2) Products/Completed Operations Aggregate Limit;

(3) Personal and Advertising Injury Limit;

(4) Each Occurrence Limit; or

(5) Fire Damage Limit

is likely to be used up in the payment of judgments orsettlements, we will notify the first Named Insured, inwriting, to that effect.

b. When a limit of insurance described in paragraph a.above has actually been used up in the payment ofjudgments or settlements:

(1) We will notify the first Named Insured, in writing, assoon as practicable, that:

(a) Such a limit has actually been used up; and

(b) Our duty to defend “suits” seeking damagessubject to that limit has also ended.

(2) We will initiate, and cooperate in, the transfer ofcontrol, to any appropriate insured, of all claimsand “suits” seeking damages which are subject tothat limit and which are reported to us before thatlimit is used up. That insured must cooperate inthe transfer of control of said claims and “suits”.

We agree to take such steps, as we deemappropriate, to avoid a default in, or continue thedefense of, such “suits” until such transfer iscompleted, provided the appropriate insured iscooperating in completing such transfer.

We will take no action whatsoever with respect toany claim or “suit” seeking damages that wouldhave been subject to that limit, had it not beenused up, if the claim or “suit” is reported to us afterthat limit of insurance has been used up.

(3) The first Named Insured, and any other insuredinvolved in a “suit” seeking damages subject to thatlimit, must arrange for the defense of such “suit”within such time period as agreed to between theappropriate insured and us. Absent any suchagreement, arrangements for the defense of such“suit” must be made as soon as practicable.

c. The first Named Insured will reimburse us for expenseswe incur in taking those steps we deem appropriate inaccordance with paragraph b.(2) above.

The duty of the first Named Insured to reimburse us willbegin on:

(1) The date on which the applicable limit of insuranceis used up, if we sent notice in accordance withparagraph a. above; or

(2) The date on which we sent notice in accordancewith paragraph b.(1) above, if we did not sendnotice in accordance with paragraph a. above.

d. The exhaustion of any limit of insurance by thepayments of judgments or settlements, and theresulting end of our duty to defend, will not be affectedby our failure to comply with any of the provisions ofthis Condition.

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