POLICY FORMS LISTING

Policy Number: 09GLCCCS100

Named Insured: G-Kon, Inc.

POLICY FORMS LISTING

The following forms have been attached to this policy:

CG21340187 - Exclusion - Designated WorkCG21351093 - Exclusion Medical Payments

CL i50- i185 - Genera! Liability Coverage Part

EVGLCOV0407 - Irnmn General liability Policy JacketGL00010899 - Commercial Generat L!abillty Coverage ForrnIC00330807 - Liabiiity Deductible EndorsementIC00410808 - Punitive or Exemplary Damages Exclusion!C00430808 Professional Liability ExclusionIC00531006 - Exclusion ead ContaminationIC01220298 - Contractors Special Cond casualty

IC01360808 - Subsidence I Earth Movement ExclusionIC01540808 - Prior Incidents & Prior Const defects excl!C01870808 - .A.mendment of limits ,_ ,t\ggs apply more than 1 year

IC02251006 - A/I Owners Lessees or Cont.- Comp Ops - No PrimaryIC02380808 - Exclusion - Breach of Contract iC02550701 - Employee Benefits Liability Coverage (Claims-Made)IC02571006 - Mold and Microbiological Contamination ExclusionIC02700308 - Certified Acts of Terrorism ExclusionIC03590907 - State Operations Exclusion IC03740808 - Blast Faxing Exclusion

IC03760808 - Condo/Co-Op/Common Interest Dev Conversion ExelIC04500808 - Engineers Arch or Surveyors Proff Lia ExelIC04510808 - Amendment Aggregate Limits Per ProjectIG00010808 - Service of Suit Clause

IG00020808 - Minimum Retained Premium Provision IG000503-96 - General Change Endorsement IG00630808 - Minimum Premium EndorsementIG00800599 - Policy Forms Listing

IL0017(1185) - Common Policy Conditions

JDL 190(11-85)RB - Common Policy Declaration

PCOVERST - Policy Form Cover Sheet (MUM USE ONLY)

IGOOll00599

- -

COMMERCIAL GENERAL LIABILITY POLICY

IN WITNESS WHEREOF, the Company has caused this policy to be signed by its Presidentand Secretary, but this policy shall not be valid unless countersigned on the Declarationspage by a duly authorized representative of this Company.

£.J eSecretary

IRNMN I NSURANCE COMPANYCOMMERCIAL LINES POLICY

COMMON POLICY DECLARATIONS

08GLCCCS100

Renewal of Number Producer Peachtree Special Risk Brokers- North Carolina

72900

Policy No. 09GLCCCS100

Named Insured and Mailing Address (No. Street, Town or City, County, State, Zip Code)

G-Kon, Inc. 417 12th Street West, Suite 218 Bradenton, FL 34205

Policy Period: From 5/18/2009 to 5/18/2010 at 12:01 am Standard Time at your mailingaddress shown above

Business Description: Contractors - subcontracted work - in connection with construction

IN RETURN FOR THE PAYMENT OF THE PREMIUM, ANO SUBJECT TO ALL THE TERMS OF THIS POLICY, \/VE AGREE WITH YOU TO PROVIDE

THE INSURANCE AS STATED IN THIS POLICY.

I THIS P-OLICY CONSl.STS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. I THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.

I PREMIUM

I Commercial General Uabiiity Coverage Part $45 000 00

TOTAL PREMIUMS $45,000.00

Audit Period: Non-Auditable Unless Indicated by (X) IS]Annual 0Semi-Annual Douarterly D Monthly D Other D Policy Expiration See Endorsement #1

Form(s) and Endorsements(s) made a part of this policy at time of issue•: CL150-1185, EVGLCOV0407, IG00010808, IL0017(1185), JDL 190(11-85)RBIG000503-96, IG00800599

'Omits applicable Forms and Endorsements if shown in specific Coverage ParVCoverage Form Declarations.

913012009

By

Authorized Representative

THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVENUMBERED POLICY.

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Copyright, Insurance Services Office, Inc. 1983, 1984 Agent Copy 1

JDL 190(0)X (Ed. 11-85)

COMMERCIAL GENERAL LIABILITY COVERAGE PARTDECLARATIONS

Policy No. 0.9GLP1007076 Effective Date: 5/18/2009 12:01 AM.. Standard Time..

LIMITS IOF NSURANCE

I General Aggregate Limit (Other Than Products ·Compieied Operations) $;2,000,000

Products ·Completed Operations Aggregate Limit ---·$2,000,000

Personal and Advertising Injury Limit $1,000,000

Each Occurrence Limit $1,000,000

Fire Damage Limit $50,000 Any One Fire

Medical Expense Limit ------ $0 --Any One Person

I

1RETROACTIVE DATE (CG 00 02 only)

Coverage A of this insurance does not apply to "bodily injury" or "property damage" which occurs before Retroactive Date, ifany, shov.in here:

/Enter Date or "None" if no Retroactive Date annlies)

FORM OF BUS!NESS AND LOCAT!ON CF PR Ef 1 1SES "'""' ... iForm of Business:

D Individual DJoint Venture D Partnership (gJ Organization (Other than Partnership or Jo1m Venture)

I Location of Premises You Own, Rent, or Occupy:417 12th Street W, Suite 218, Bradenton, FL 34205

PREMIUM ----·· .

Classification Code Premium Composite AdvancedNo. Basis Rate Premium

Contractors - subcontracted 91585 $2,000,000 Per $1000 Contract Cost $22.50 $45,000.00 work - in connection wlth construction, reconstruction, repair or erection of buildings

- Not Otherwise Classified

Condominium!Townhome 99996 "If Any" Per $1000 of Gross Receipts $0.00 $0.00 Builders

Minimum Annual Premium $45,000.00 Total Advance Premium $45,000.00

FORMS AND ENDORSEMENTS (other than applicable Forms and Endorsements shown elsewhere in the policy)

Forms and Endorsements ann!ying to this Coverage Part and made Part of this policy. at time of issue:

CG21340187, CG21351093, GL00010899, IC00330807, IC00410808, IC00430808, IC00531006, IC01220298, IC01360808,IC01540808, IC01870808, IC02251006, IC02380808, IC02550701, IC02571006, IC02700308, IC03590907, IC03740808,IC03760808, IC04500808, IC04510808, IG00020808, IG00630808

*Information omitted if shown elsewhere in the policv.

"Inclusion of date optionalTHESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD.

CL 150 (Ed. 11-85) Includes copyrighted material of Insurance Services Office, Inc. with it's permission. Copyright, Insurance Services Office, Inc. 1983, 1984

Policy Number: 09GLCCCS100

Named Insured: G-Kon, Inc.

POLICY FORMS LISTING

The following forms have been attached to this policy:

CG21340187 - Exclusion - Designated WorkCG21351093 - Exclusion Medical PaymentsCL150-1185 - General Liability Coverage Part EVGlCOV0407 - Irnmn General Liability Policy JacketGL00010899 - Commercial General iability Coverage FormIC00330807 - Liability Deductible Endorsement IC00410808 - Punitive or Exemplary Damages ExclusionIC00430808 - Professional Liability ExclusionIC00531006 - Exclusion L ead Contamination IC01220298 - Contractors Special Cond casualtyIC01360808 - Subsidence I Earth Movement ExclusionIC01540808 - Prior Incidents & Prior Const deiects excl IC01870808 - Amendment of limits - Aggs apply more than 1 yearIC02251006 - A/I Owners Lessees or Cont.- Comp Ops - No PrimaryIC02380808 - Exclusion - Breach of Contract IC02550701 - Employee Benefits liability Coverage (Claims-Made)IC02571006 - Mold and Microbiological Contamination ExclusionIC02700308 - Certified Acts of Terrorism Exclusion IC03590907 - Staie Operations ExclusionIC03740808 - Blast Faxing Exclusion IC03760808 - Condo/Co-Op/Common Interest Dev Conversion ExelIC04500808 - Engineers Arch or Surveyors Proff Lia ExelIC04510808 - Amendment Aggregate limits Per Project IG00010808 - Service of Suit Clause IG00020808 - Minimum Retained Premium ProvisionIG000503-96 - General Change EndorsementIG00630808 - Minimum Premium EndorsementIG00800599 - Policy Forms listing IL0017(1185) - Common Policy ConditionsJDL 190(11-85)RB - Common Policy Declaration PCOVERST - Policy Form Cover Sheet (MUM USE ONLY)

IG00800599

IL00171185 Page 1 of 2

COMMON POLICY CONDITIONS

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

A. CANCELLAT!ON

1. The first Named Insured shown in the Declarations may cancel this policy bymailing or delivering to us advance written notice of cancellation.

2. \We may cancel this policy by mailing or delivering to the first Named Insuredwritten notice of cancellation at least:

a. 10 days before the effective date of cancellation if we cancel for nonpaymentof premium; or

b. 30 days before the effective date of cancellation if we cancel for any otherreason.

3. We will mail or deliver our notice to the first Named lnsured's last mailingaddress known to us.

4. Notice of cancellation will state the effective date of cancellation. The policyperiod will end on that date.

5. If this policy is cancelled, we will send the first Named Insured any premiumrefund due. If we cancel, the refund will be pro rata. If the first Named insuredcancels, the refund may be less than 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 be sufficient proof of notice.

B. CHANGES

This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations isauthorized to make changes in the terms of this policy with our consent. Thispolicy's terms can be amended or 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 records as they relate to this policy atany time during the policy period and up to three years afterward.

IL00171185 Page 2 of 2

D. INSPECTIONS AND SURVEYS

We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes.

Any inspections, surveys, reports or recommendations relate only to insurability andthe premiums to be charged. We do not make safety inspections. We do notundertake to perform the duty of any person or organization to provide for the health or safety of workers or the public.

And we do not warrant that conditions:

1. Are safe or healthful; or2. Comply with laws, regulations, codes or standards.

This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations.

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 THIS POLICY

Your rights and duties under this policy may not be transferred without our writtenconsent except in the case of death of an individual named insured.

If you die, your rights and duties will be transferred to your legal representative butonly while acting within the scope of duties as your legal representative. Until yourlegal representative is appointed, anyone having proper temporary custody of yourproperty will have your rights and duties but only with respect to that property.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SERVICE OF SUIT CLAUSE

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL GENERAL LIABILITY WRAP COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTCOMMERCIAL PROPERTY COVERAGE PARTNEW YORK CONTRACTORS COMMERCIAL GENERAL LIABILITY INSURANCE POLICY

It is agreed that in the event of the failure of the Insurer hereon to pay any amount claimed to bedue hereunder, the Insurer hereon, at the request of the Insured, will submit to the jurisdiction ofany Court of competent jurisdiction within the United States of America and will comply with allrequirements necessary to give such Court jurisdiction and all matters arising hereunder shall bedetermined in accordance with the law and practice of such Court.

It is further agreed that service of process in such suit may be made upon Alex Sardinia, VicePresident, Claims Manager 310 Highway 35 South, Red Bank, NJ 07701 or his designee, andthat, in any suit instituted under this contract, the Insurer hereon will abide by the final decision ofsuch Court or of any Appellate Court in the event of an appeal.

The above named is authorized and directed to accept service of process on behalf of the Insurerin any such suit and/or upon the request of the Insured to give a written undertaking to the Insured that it or they will enter a general appearance upon the Insurer's behalf in the event suchsuit shall be instituted.

Further, pursuant to any statute of any state, territory, or district of the United States of America,which make provision therefore, the Insurer hereon hereby designates the Superintendent,Commissioner or Director of Insurance or other officer specified for that purpose in the statute, orhis successor or his successors in office, as their true and lawful attorney upon whom may beserved any lawful process in any action, suit or proceeding instituted by or on behalf of theInsured or any beneficiary hereunder arising out of this contract of insurance, and herebydesignates the above named as the person to whom the said officer is authorized to mail suchprocess of true copy thereof.

IG00010808


MINIMUM RETAINED PREMIUM PROVISION


COMMERCIAL GENERAL LIABILITY COVERAGE FORM

COMMERCIAL GENERAL LIABILITY WRAP POLICY FORM

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

NEW YORK CONTRACTORS COMMERCIAL GENERAL LIABILITY INSURANCE POLICY

In the event of cancellation by the insured, the Minimum Premium retained by the Company

for this policy is greater of:

• 25°/o of the Advanced and Deposit prerniurn

• Short rate or pro-rata of the Advance and Deposit Premium

• Audit premium

In no event will the Minimum Retained Premium be less than 25°/o of the Minimum and

Deposit Premium.

It is further agreed that cancellation for non-payment of premium after the effective date of

the policy shall be deemed a request by the named insured for cancellation of this policy,

thereby activating the foregoing Minimum Retained Premium Provision.

ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.

1800020808


EXCLUSION COVERAGE C - MEDICAL PAYMENTS


COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Description and Location of Premises or Classification:

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

With respect to any premises or classification shown in the Schedule, coverage C. MEDICALPAYMENTS (Section I) does not apply and none of the references to it in the Coverage Partapply.

The following is added to SUPPLEMENTARY PAYMENTS (Section I):

8. Expenses incurred by the insured for first aid administered to others at the time of anaccident for "bodily injury" to which this insurance applies.

CG21351093 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1

IC00330807 Page 1 of 2


LIABILITY DEDUCTIBLE ENDORSEMENT


LIQUOR LIABILITY COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL GENERAL LIABILITY WRAP COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

In consideration of the premium charged, it is agreed:

1. From the total amount of the Company's obligation to pay either damages on behalf of the Insured, or any expenses incurred under the SUPPLEMENTARY PAYMENTS, coverages A and B, provision, there shal! be subtracted the deductible amounts stated in the schedule be!ovv as applicable to such coverages.

2. The deductible amount stated in the schedule apply as follows:

(a) PER-CLAIM BASIS - if the deductible is on a "per claim" basis, the deductibleamount applies under Bodily Injury Liability or Property Damage Liability Coverage,respectively, to all payments made (damages or expenses) because of bodily injury sustained by one person, or to all property damage sustained by one person or organization, as the result of any one occurrence.

(b) PER-OCCURRENCE - If the deductible is on a "per occurrence" basis, thedeductible amount applies under the Bodily Injury Liability or Property DamageLiability Coverage, respectively, to all payments made (damages or expenses)because of all bodily injury or property damage as the result of any one occurrence.

3. The terms of the policy, including with respect to (a) the Company's rights and duties withrespect to the defense of suits and (b) the lnsured's duties in the event of an occurrence,apply irrespective of the application of the deductible amount.

4. The Company may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, the Named Insured shall promptlyreimburse the Company for such part of the deductible amount as has been paid by the Company.

5. In the event that the insured shall not promptly reimburse the company for the deductibleamount demanded, then any cost incurred by the Company in collection of the deductibleamount shall be added to and applied in addition to the applicable deductible amountwithout limitation to such costs. These costs shall include but not be limited to collectionagency fees, attorneys fees and interest.

IC00330807 Page 2 of 2

SCHEDULE

COVERAGE AMOUNT & BASIS OF DEDUCTIBLE

A Bodily Injury Liability $ Per Claim

$ Per Occurrence

8. Property Damage $ Per Claim

$ Per Occurrence

C. Bodily Injury and Property Damage Liability Combined $ 50,000. Condo Per Occurrence

$25,000 All Other ' Per Occurrence

D. Liquor Liability $ ------------Per Claim$ Per Occurrence

E. Employee Benefits Legal Liability $ Per Claim

$ Per Occurrence

F. Other $ Per Claim

$ Per Occurrence

NOTE: If the policy provides Personal Injury Liability Coverage, the word "personal" shall besubstituted for the word "Bodily" in the foregoing.

I C00

.


PUNITIVE OR EXEMPLARY DAMAGES EXCLUSION


COMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL GENERAL LIABILITY WRAP COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTNEW YORK CONTRACTORS COMMERCIAL GENERAL LIABILITY INSURANCE POLICY

In consideration of the premium charged and regardless of any other provisions, this policy doesnot ap

410808

. .. ' , - J - - - .;;;.i - - -ply to punitive or exemplarv damages

IC004

.


PROFESSIONAL LIABILITY EXCLUSION


COMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL GENERAL LIABILITY WRAP COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART NEW YORK CONTRACTORS COMMERCIAL GENERAL LIABILITY INSURANCE POLICY

In consideration of the premium charged, it is agreed that the policy shall not apply to loss, cost or expense arising out of "Bodily Injury", "Property Damage", "Personal Injury" or "Advertising Injury", arisinglnsure

30808

..,. - - - -- - -· - -- - - --- - - v - - - ·-···--· - - - · - · ·--· -·· · .1 r ·-·- - -·-··-· --· ··--- ... ···- --··---· -· ... out of the rendering of or failure torender any professional services in the conduct of the d's business.

IC00531006


EXCLUSION - LEAD CONTAMINATION

This endorsement modifies insurance provided under the following coverage parts:


COVERAGE A. Bodily Injury and Property Damage Liability;COVERAGE C. Medical Payments

COMMERCIAL GENERAL LIABILITY WRAP COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABLITY COVERAGE PART

This insurance does not apply to:

a. "Bodily injury" arising out of or contributed to in any way by the ingestion, inhalation or absorption of lead in any form;

b. "Property damage" arising out of or contributed to in any way by lead in any form;

c. Coverage for medical expenses payable under Coverage C. Medical Paymentsarising out of or contributed to in any way by lead in any form;

d. 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 or neutralize, or in any way respond to, or assess the effects of lead; and/or

e. Any loss, cost or expense arising out of any claim or suit for damages because oftesting for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead.

IC01220298


CONTR.ACTORS SPECIAL CONDITIONS



The following condition has been added to the policy:

CONTRACTORS SPECIAL CONDITIONS

You will obtain certificates of insurance from all independent contractors providing evidence of:

1. Limits of liability equal to or greater than the coverages provided by this policy;

2. Commercial General Liability coverage equal to or broader than the coveragesprovided by this policy.

3. Workers Compensation Insurance in compliance with the statutes of the applicablestates.

4. Independent Contractors must name the Named Insured as an additional insured.

Failure to comply with this condition does not alter the coverage provided by this policy. However,should you fail to comply, independent contractors will be considered your employees and apremium charge will be made accordingly. The entire cost of all work sublet will be used as ourexposure base for the work performed.

IC01360808


SUBSIDENCE I EARTH MOVEMENT EXCLUSION



This insurance does not apply to any claim for "bodily injury" or "property damage" caused by, arising out of, relating to, resulting from, contributing to, or aggravated by any actual oralleged "movement of land or earth."

"Movement of land or earth" means:

movement in any direction, including but not limited to, instability, rising, upheaval,expansion, subsidence, settling, sinking, shrinkage, slipping, falling away, tilting, caving in,eroding, shifting in a horizontal or sideways direction, mud flow, mudslide or earthquake or any other movement of land or earth, regardless of the cause, whether manmade or natural.

ALL OTHER TERMS CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED

IC01540

.


PRIOR INCIDENT(S) AND PRIOR CONSTRUCTION DEFECTS

EXCLUSION



PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTNEW YORK CONTRACTORS COMMERCIAL GENERAL LIABILITY INSURANCE POLICY

In consideration of the premium charged, it is hereby understood and agreed that no insurancecoverag"properregardle"bodily progres

This exestablis

808

... ' I - - J - - --- - - - - -- - ·· · -· - ·· ·· ···J -·· · J ···--·· -- • - • - - - • • J "' "J • _J ·e is provided under this policv to defend or indemnify any insured for “bodily injury” orty damage" which has first occurred or begun prior to the effective date of this policy,ss of whether repeated or continued exposure to conditions which were a cause of suchinjury'' or "property damage" occur during the period of this policy and cause additional,sive or further "bodily injury" or "property damage", all of which is excluded from coverage.

clusion shall apply whether or not the insured's legal obligation to pay damages has been hed as of the inception date of this policy.

IC01870808 Page 1 of 2


AMENDMENT OF LIMITS OF INSURANCE


COMMERCIAL GENERAL LIABILITY COVERAGE FORMCOMMERCIAL GENERAL LIABILITY WRAP COVERAGE PART


Section Iii - Limits of Insurance is deleted in its entirety and replaced by the foliowing:

Section m - Limits of Insurance

10 The Limits of Insurance shown in the Declarations and the rules below fix the most we willpay regardless of the number of:

a" Insureds;

bo Claims made or "suits" brought; or

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

20 The General Aggregate Limit is the most we will pay for the sum of:

ao Medical expenses under Coverage C;

bo Damages under Coverage A, except damages because of "bodily injury" or"property damage" included in the "products-completed operations hazard"; and

co Damages under Coverage B;

incurred within the policy period as stated in the Declarations"

30 The Products-Completed Operations Aggregate Limit is the most we will pay underCoverage A for damages because of "bodily injury" or "property damage" included in the"products-completed operations hazard""

40 Subject to 20 above, the Personal and Advertising Injury Limit is the most we will pay underCoverage B for the sum of all damages because of all "personal injury" and all "advertisinginjury" sustained by any one person or organization"

IC01870808 Page 2 of 2

50 Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will

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 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises, while rented to you or temporarilyoccupied by you with permission of the owner, arising out of any one fire.

7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage Cfor all medical expenses because of "bodily injury" sustained by any one person.

IC02251006


ADDITIONAL INSURED - OWNERS, LESSEES OR CONTR_ACTORS



SCHEDULE

Name of Person or Organization: As Required by Written Contract

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

WHO IS AN INSURED (Section II) is amended to include as an insured the person ororganization shown in the Schedule, but only with respect to liability arising out of "your Work" forthat insured by or for you and then only as respects any claim, loss or liability arising out of the operations of the Named Insured, and only if such claim, loss or liability is determined to be solelythe negligence or responsibility of the Named Insured.

"Insureds are advised that certificates of insurance should be used only to provideevidence of insurance in lieu of an actual copy of the applicable insurance policy.Certificates should not be used to amend, expand, or otherwise alter the terms of theactual policy."

ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED

IC02380808

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

BREACH OF CONTRACT EXCLUSION


COMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL GENERAL LIABILITY WRAP COVERAGE PART

PRODUCTS/COMPLETED OPER.ATIONS LIABILITY COVERAGE FORMNEW YORK CONTRACTORS COMMERCIAL GENERAL LIABILITY INSURANCE POLICY

This insurance does not apply to any "bodily injury" or "property damage" arising out of, causedby, or contributed to by your failing to fulfill the terms of a contract or agreement. The companyshall have no obligation to defend or indemnify any insured for any a!!eged breach of contract,whether such contract is written, oral or implied in law or in fact.

The Company shall have no obligation to indemnify you for any sums which you may be foundlegally obligated to pay as a result of the breach of any such contract, or as a result or the breachof any warranty, whether express or implied.

IC02550701 Page 1 of 7


cEMPLOYEE BENEFITS LIABILITY COVERAGE (CLAIMS-M

EMPLOYEE BEtNEFiTS LIABILITY COVERAGE SUPPLEMENTAL SCHEDULE

LIMITS OF INSURANCEEach Claim Limit: $1,000,000 Deductible: $1, 000Aggregate Limit: $1,000,000 Retroactive Date: 06/04/2004 (Enter date or "None" if no Retroactive Date applies)

This insurance does not apply to damages caused by an "employee benefits incident"which occurred before the Retroactive Date, if any, shown above.



In addition to words and phrases contained in the Commercial General Liability Coverage Part, other words and phrases that appear in quotation marks have special meaning. Refer toParagraph E. - ADDITIONAL DEFINITIONS of this endorsement.

The definitions of the word and phrases "coverage territory", "insured" and "suit" contained inparagraph E. apply in place of their definitions stated elsev1here in the policyt but only as respectscoverage under this endorsement.

The provisions of this endorsement apply only as respects Employee Benefit Liability Coverageafforded hereunder.

A. COVERAGE

1. Insuring Agreement

a. We will pay those sums that the insured becomes legally obligated to pay as damagesbecause of any negligent act, error or omission of the insured or of any other person for whose acts the insured is legally liable. The negligent act, error or omission must becommitted in the "administration" of your "employee benefits program" during the policyperiod. No other obligation or liability to pay sums or perform acts or services is coveredunless explicitly provided under SUPPLEMENTARY PAYMENTS of this endorsement.

(1) The amount we will pay for damages is limited as described in paragraph C. -LIMITS OF INSURANCE.

(2) We may at our discretion, investigate any report of a negligent act, error or omissions and settle any claim or "suit" that may result: and

IC02550701 Page 2 of 7

(3) Our right and duty to defend end when we have used up the applicable limit ofinsurance in the payment of judgements or settlements.

b. This insurance applies to an "employee benefits incident" only if: (1) The "employee benefits incident" takes place in the "coverage

"territory". (2) The claim is reported during the policy period.

c. A claim by any "employee" or the dependents or beneficiaries of any"employee" seeking damages will be deemed to have been made when we receive written notice of a claim or "suit" from the first Named Insuredor a third party.

All claims for damages because of injury to the same "employee,"including damages claimed by any beneficiary or dependent, arisingout of the same uemp!oyee benefits incident" 'vViH be deemed to havebeen made at the time the first of the claims is made against any insured.

2. Exclusions


a. Loss arising out of any dishonest, fraudulent, criminal or malicious act or omission,committed by any insured.

b. "Bodily Injury" or "property damage" or "personal injury";

c. Loss arising out of failure of performance of contract by any insurer;

d. Loss arising out of an insufficiency of funds to meet any obligations under any planincluded in the "employee benefit program";

e. Any claim or "suit" based upon:

(1) failure of any investment to perform as represented by any insured; or

(2) advice given to any person to participate in any plan included in the"employee benefit "program".

f. Loss arising out of your failure to comply with the mandatory provisions of any lawconcerning workers compensation, unemployment insurance, social security ordisability benefits;

g. Loss for which insured is liable because of liability imposed on a fiduciary by the Employee Retirement Security Act of 1974, as now or hereafter amended; or

IC02550701 Page 3 of 7

h. Loss or damage for which benefits have accrued under the terms of an employee

benefit p!an to the extent that such benefits are availab!e from funds accrued by the

insured from such benefits or from collectable insurance, notwithstanding theinsured's act, error or omission in administering the plan which precluded theclaimant from receiving the benefits.

3. Supplementary Payments

We will pay, with respects to any claim or "suit" we defend:

a. All expenses we incur.

b. The cost of bonds to release attachments, but only for bond amounts within the applicable limits of insurance. We do not have to furnish these bonds.

c. ,All reasonable expenses incurred by the insured at our request to assist us in the

investigation or defense of the claim or "suit", including actual loss of earnings up to$100 a day because of time off from work.

d. Prejudgment interest awarded against the insured on that part of the judgment wepay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer.

e. All interest on the full amount of any judgment that accrues after entry of thejudgment and before we have paid, offered to pay, or deposited in court the part ofthe judgement that is within the applicable limit of insurance.

These payments will not reduce the limits of insurance.

B. 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 theconduct of a business of which you are the sole owner.

b. A partnership or joint venture, you are an insured. Your members, your partners,and their spouses are also Insureds, but only with respect to the conduct of yourbusiness.

c. An organization other than a partnership or joint venture, you are an insured. Yourdirectors and stockholders are also Insureds, but only with respect to their liability asyour directors or stockholders.

IC02550701 Pag

2. Each of the following is also an insured:

a. Each of your partners, executive officers and employees who is authorized toadminister your "employee benefits program".

b. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this endorsement.

3. Any organization you newly acquire or form, other than partnership or joint venture, andover which you maintain ownership or majority interest, will be deemed to be a NamedInsured if there is no other similar insurance available to that organization. However:

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

b. Coverage under this provision does not apply to any negligent act

that occurred before you acquired or formed the organization.

No person or organization is an insured with respect to the conduct of anypartnership or joint venture that is not shown as a Named Insured in the D

C. LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Employee Benefits Liability CoveragSchedule and the rules below fix the most we will pay regardless of the n

a. Insureds;

b. Claims or "suits" brought;

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

d. Acts, errors or omissions which result in loss; ore. Plans included in your "employee benefit program".

2. The Aggregate Limit is the most we will pay for all damages because of aomissions committed in the "administration" of your employee benefit prog

3. Subject to the Aggregate Limit, the Each Claim Limit is the most we will padamages sustained by any one employee, including the employee's depenbeneficiaries because of acts, errors or omissions committed in the "admin"employee benefit program".

e 4 of 7

error or omission

current or pasteclarations.

e Supplementalumber of:

cts, errors orram.

y for alldents andistration" of your

1

IC02550701 Page 5 of 7

D. DEDUCTIBLE

1. Our obligation to pay damages on behalf of the Insured applies only to the amount ofdamages in excess of $ $1 000 deductible applicable to "Each Claim... The limits of insurance applicable to "Each Claim" will be reduced by the application of suchdeductible amount.

2. The deductible amount applies to all damages sustained by an employee because of anact, error or omission coverage by this insurance.

3. The terms of this insurance, including those with respect to:

a. Our right and duty to defend any "suits" seeking those damages; and

b. Your duties in the event of an act, error or omission claim or "suit" apply irrespective of the application of the deductible amount.

4. We may pay any part of all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of this action taken, you shall promptly reimburse us for suchpart of the deductible amount as has been paid by us.

E. ADDITIONAL DEFINITIONS

1. "Administration" means:

a. Counseling employees, including their dependents and beneficiaries, with respect tothe "employee benefit program";

b. Handling records in connection with the "employee benefit program"; or

c. Effecting or terminating any employee's participation in a plan included in the"employee benefit program".

2. "Coverage territory" means the United States of America (including its territories andpossessions), Puerto Rico and Canada.

3. "Employee Benefit Program" means the following plans:

a. Group life insurance, group accident or health insurance, "profit sharing plans'',pension plans and "stock subscription plans", provided that not other than anemployee may subscribe to such insurance or plans.

b. Unemployment insurance, social security benefits, worker's compensation anddisability benefits;

IC02550701 Page 6 of 7

c. Any other similar pians designated in the Employee Benefits Liability Coverage

Supplemental Schedule or added thereto by endorsement.

4. "Insured" means any person or organization qualifying as such under Paragraph B. - WHOIS AN INSURED.

5. "Profit Sharing Plans" means only such plans that are equally available to all full-timeemployees.

6 nstock Subscription Plans" means only such plans that are equally availab!e to ful!-timeemployees.

7. "Suit" means a civil proceeding in which damages because of an act, error or omission towhich this insurance applies are alleged , "Suit" includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent.

F. ADDITIONAL CONDITION

Item 2., Duties in the Event of Occurrence, Claim or Suit, Paragraphs a. and b. of SECTION !V. COMMERCIAL GENERAL LIABILITY CONDITIONS are inapplicable to this endorsement and the following shall apply in lieu thereof;

2. Duties in the Event of Act, Error or Omission, Claim or Suit

a. You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim. Notice should include:

(1) What the act, error or omission was and when it occurred.

(2) The names and addresses of any employees who may suffer damages as aresult of an act, error or omission.

b. If a claim is received by any insured you must:

(1)

(2)

Immediately record the specifics of the claim and the date received; and

Notify us as soon as practicable. You must see to it that we receive writtennotice of the claim as soon as possible.

IC02550701 Page 7 of 7

G. EXTENDED REPORTING PERIOD FOR COVERAGE PROVIDED BY THISENDORSEMENT:

a. Basic Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for an "employee benefitsincident" that occurs before the "termination of coverage" but not before theRetroactive Date, if any, shown in the Schedule.

b. A Basic Extended Reporting Period is automatically provided without additionalcharge. This period starts with the "termination of coverage" and lasts for:

(1) Five years for claims because of injury arising out of an "employee benefits incident" reported to us, not later than 60 days after the "termination of coverage,” in accordance with paragraph 2.a. of EMPLOYEE BENEFITS

LIABILITY CONDITIONS.

(2) Sixty days for all other claims.

The Basic Extended Reporting Period does not apply to claims that are coveredunder any subsequent valid and collectible insurance you purchase.

c. The Basic Extended Reporting Period does not reinstate or increase the Limits ofInsurance and will be subject to the amount of coverage remaining in the annualaggregate limit


MOLD AND MICROBIOLOGICAL CONTAMINATIONEXCLUSION


COMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL GENERAL LIABILITY WRAP COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

The following is added to 2., Exclusions, in Section I Coverage A Bodily Injury andProperty Damage Liability and Section I - Coverage 8 - Persona! and Advertising InjuryLiability in the Commercial General Liability Coverage part

This insurance does not apply to any claim for "bodily injury", "property damage", "personal injury" or "advertising injury" or to any costs or expenses to investigate or defend any claimor "suit" or payment of any fine or penalty, caused by, arising out of, relating to, resulting from, contributed to, or aggravated by) in whole or in part threatened contact with, exposure to, or inhalation, ingestdispersal, seepage, migration, infiltration, infestation, release,production or reproduction of any mold, mildew, fungus, decaany other microbiological or etiological agent or substanceincluding toxins, spores or other substances derived therefromwhether natural or manmade.

This exclusion applies whether or not the "bodily injury", "propinjury" or "advertising injury" is included within the "products-com

IC02571006

by the actual, alleged or ion, absorption, discharge, escape, presence, growth, y, mycotoxin, bacterium or of any kind whatsoever, , regardless of the cause,

erty damage" and "personal pleted operations hazard".

1

THIS ENDORSEMENT CHANGED THE POLICY. PLEASE READ IT CAREFULLY

CERTIFIED ACTS OF TERRORISM EXCLUSION

In consideration of the premium paid, it is hereby agreed that this policy does not applyto any claim or portion thereof based upon, arising out of, or in any way involving anyCertified Act of Terrorism.

Certified Act of Terrorism means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of Staie and the Attorney General of the United States, to be an act of terrorism pursuant to the Federal Terrorism Risk Insurance Act and any amendments thereof. The Federal Terrorism Risk Insurance Act sets forth !he fo!iowing criteria for a Certified Act of Terrorism:

1. The act resulted in insured losses in excess of $5 million in the aggregateattributable to all types of insurance subject to the Terrorism Risk Insurance Act;and

2. The act is a violent act or an act that is dangerous to human life

infrastructure and is committed by an individual or individuals as parto coerce the civilian population of the United States or to influence affect the conduct of the United States Government by coercion.

ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCH

IC02700308

1
property or
t of an effortthe policy or

ANGED.


STATE OPERATIONS EXCLUSION



PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

it is hereby understood and agreed that no insurance coverage is provided under

this policy to defend or indemnify any insured for "bodily injury" or "property

damage" or "personal injury" arising out of any insured operation or any insured

contractual obligation in the following states:

Alaska

Arizona

CaliforniaColoradoHawaii

Louisiana

Nevada

New York

Oregon

South Carolina

Texas

Washington

All other terms and conditions of this policy remain unchanged.

IC03590907


BLAST FAXING EXCLUSION



Violation of statues that govern e-mails, fax, phone calls, or other methods of sending, ordistributing material, or information.

In consideration of the premium charged, it is hereby understood and agreed that this policy shall not apply to the "Ultimate Net Loss" for any loss, cost, or expense caused by, relating to,contributed by, arising directly or indirectly out of any action or omission that violates or is alleged to violate:

a) The Telephone Consumer Protection Act (TCPA), including anyamendment of or addition to such law; or

b) The CAN-SPAM Act of 2003, including any amendment of or addition tosuch law; or

c) Any statue, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information.

IC03740808

CONDOMINIUM/COOPERATIVE/COMMON INTERESTDEVELOPMENT CONVERSION EXCLUSION


COMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL GENERAL LIABILITY WRAP COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTNEW YORK CONTRACTORS COMMERCIAL GENERAL LIABILITY INSURANCE POLICY

In consideration of the premium charged, the policy is hereby amended to include the followingadditional exclusion:

This insurance does not apply to any liability, including liability arising out of " Bodily Injury", "PropertyDamage", "Personal Injury" or "Advertising Injury", which arises out of, relates to, is based upon, or isattributable to the conversion of any existing building including, but not limited to, any single familydwelling, apartment building, townhouse, multi family dwelling, warehouse, commercial/industrialbuilding or hotel, to a Condominium{s), Cooperative(s), or a Common Interest Development(s),or any sort of combination or derivative thereof.

Solely for the purposes of this endorsement, the following definitions are added to the policy:

Condominium means any of the following: I i\\'I

(ii)

(iii)

la, type of ownership in real property where all of the owners own the property, commonareas and buildings together, with the exception of the interior of the unit to which theyhave title; Real estate, portions of which are designated for separate ownership and the remainder ofwhich is designated for common ownership solely by the owners of those portions; A single real property parcel with all the unit owners having a right in common to use the common elements with separate ownership confined to the individual units that are seriallydesignated.

Cooperative means any of the following: (i) A type of multiple ownership in which the residents of a multiunit housing complex own

shares in the cooperative corporation that owns the property, giving each resident the rightto occupy a specific apartment or unit;

(ii) Dwelling units in a multi-dwelling complex in which each owner has an interest in the entirecomplex and a lease of his/her/its own apartment.

Common Interest Development means any of the following:(i) A community apartment project; (ii) A condominium project; (iii) A planned development; (iv) A stock cooperative.

ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED

IC03760808

IC4500808


EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORSPROFESSIONAL LIABILITY


COMMERCIAL GENERAL LIABILITY COVERAGE PART.


This insurance does not apply to "bodily injury," "property damage," "personal injury" or "advertising injury" arising out of the rendering or failure to render any professional services byor for you, including:

1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions,reports, surveys, change orders, designs or specifications; and

2. Supervisory, inspection or engineering services.

IC4510808

THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY.

AMENDMENT AGGREGATE LIMITS OF INSURANCE

PER PROJECT




The General Aggregate Limit under LIMITS OF INSURANCE (Section Ill) applies separately to each of your projects away from premises owned by or rented to you.

ALL OTHER TERMS, CONDITIONS AND EXCLUSION REMAIN UNCHANGED.

IG00630808

MINIMUM PREMIUM ENDORSEMENT



This policy has a minimum amount of premium that applies to the term of insurance as listed onthe policy. Unless otherwise stated, the minimum premium is equal to the advance and depositpremium as shown in the declarations, adjusted for subsequent endorsements. In the event thataudit premiums are greater than the advance and deposit premium, the additional premium is dueand payable upon notice to the insured. If audit premiums are less than the deposit, then the Company shall retain the advance and deposit premium.

If this insurance is cancelled, the minimum premium is determined as set forth in the MinimumRetained Premium Provision or Fully Retained Premium Provisions.

For the purpose of this policy, terms are defined as follows:

Advance and Deposit Premium - that premium which is stated in the policy declarationsand payable in full by the insured at policy inception.

Minimum Premium - is 100% of the advanced and deposit premium as stated in the policydeclarations.


EXCLUSION - DESIGNATED WORK


COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Description of your work:

Different House Apartments

(If no entry appears above, information required to complete this endorsement will be shown inthe Declarations as applicable to this endorsement)

This insurance does not apply to "bodily injury" or "property damage" included in the"products-completed operations hazard" and arising out of "your work" shown in the Schedule,

CG21340187 Copyright, Insurance Services Office, Inc,, 1986

Page 1of 13GL00010899

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

Various provisions in this policy restrict coverage, Read the entire policy carefully to determine rights, duties and what isand is not covered.

Throughout this policy the words "you" and "your" refer tothe Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under

this policy. The words "we", "us" and "our" refer to theCompany providing this insurance.

The word Insured" means any person or organizationqualifying as such under WHO IS AN INSURED (SECTION

II).

Other words and phrases that appear in quotation marks

have special meaning. Refer to DEFINITIONS (SECTION

V).

SECTION I·COVERAGES

COVERAGE A. BODILYINJURY & PROPERTY DAMAGE

LIABILITY

1. Insuring Agreement.

a. We will pay those sums that the Insured becomeslegally obligated to pay as damages because of"bodily injury" or "property damage" to which thisinsurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "occurrence" and settle any claim or "suit" that may result. But:

(1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE

(SECTION Ill); and

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

No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided forunder SUPPLEMENTARY PAYMENTS COVERAGESA 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"; and

(2) The "bodily injury" or "property damage"

2. Exclusions.

This insurance does not app!y to:

a. Expected or Intended Injury

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

b. Contractual Liability

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

(1) Assurned in a contract or agr·eernenl !ha1 is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent tothe execution of the contract or agreement; or

(2) That the insured would have in the absence of the contract or agreement

c. Liquor Liabil!t-1

"Bodily injury" or "property damagen for which anyinsured may be held liable by reason of:

{1) Causing of contributing to the intoxication of any person;

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

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

This exclusion applies on!y if you are in the business of manufacturing, distributing, selllng, serving or furnishing alcoholic beverages.

d. Workers Compensation & Similar Laws

Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation !aw or any similar law.

occurs during the policy period. e. Employer's Liability

c. Damages because of "bodily injury" includedamages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury".

"Bodily Injury" to:

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

Copyright, Insurance Services Qffice, Inc., 1993. 1996, 1998Includes copyrighted material of Insurance Services Office, lnc. with its permission

Copyright, Insurance Services Qffice, Inc., 1993, 1996, 1998Includes copyrighted material of Insurance Services Office, Inc. with its permission

GL00010899 Page 2 of 13

(a) Employment by the insured; or

indirectly on any insured's behalf are

performing operations;

(b) Performing duties related to the conduct {i} if the pollutants are brought on or toof the insured's business; or the premises, site or location in

connection \AJith such operation by such

{2) The spouse, child, parent, brother or sister of insured, contractor or subcontractor.

that "employee" as a consequence of

paragraph (1) above. As used in this exclusion, a hostile fire means one

which becomes uncontrollable or breaks out from

This exclusion applies : where it was intended to be.

(1) Whether the insured may be liable as an g. Aircraft, Auto or Watercraft

employer or in any other capacity; and"Bodily injury" or "property damage" arising out of

(2) To any obligation to share damages with or the ownership, maintenance, use or entrustment to

repay someone else who must pay damages others of any aircraft, "auto" or watercraft owned or

because of the injury. operated by or rented or loaned to any insured.Use includes operation and "loading or unloading".

This exclusion does not appiy to liability assumedby the insured under an "insured contract". This exc!usion does not apply to:

f. Pollution (1) A watercraft while ashore on premises you

own or rent;

{i) Bodi!y injury" or "property damage" which would not have occurred in whole or part but (2) A watercraft you do not own that is:

for the actual, al!eged or threatened discharge, dispersal, seepage, migration, (a) !ess than 26 feet long; and

release or escape of pollutants at any time.(b) not being used to carry persons or

(2) Any loss, cost or expense arising out of any: property for a charge;

{a} Request, demand or order that any (3) Parking an "auto" on, or on the ways next to,

insured or others test for, monitor, clean premises you own or rent, provided the

up, remove, contain, treat, detoxify or "auto" is not owned by or rented or loaned to

neutralize, or in any way respond to, or you or the insured;

assess the effects of pollutants; or(4) Liability assumed under any "insured contracf

(b) Claim or "suit" by or on behalf of a for the ownership, maintenance or use of

governmental authority for damages aircraft or watercraft; or

because of testing for, monitoring,cleaning up, removing, containing, (5) "Bodily injury" or "property damage" arising out

treating, detoxifying or neutralizing, or in of the operation of any of the equipment listed

any way responding to, or assessing the in paragraph f.(2) or f.(3) of the definition of

effects of pollutants. "mobile equipment".

Pollutants means any solid, liquid, gaseous or h. Mobile Equipmentthermal irritant or contaminant, including smoke,vapor, soot, fumes, acids, alkalis, chemicals, "Bodily injury" or "property damage" arising out of:electron1agnetic fields and waste. Vl/aste includesmaterials to be recycled, reconditioned or (1) The transportation of "mobile equipment" byreclaimed. an "auto" owned or operated by or rented or

loaned to any insured; orParagraph (1) does not apply to "Bodily injury"' or"property damage" arising out of heat, smoke, or fumes from a hostile fire;

(2) The use of "mobile equipment" in, or while inpractice for, or while being prepared for, any

prearranged racing, speed, demolition, or(a) At or from any premises, site or location stunting activity.

which is or was at any time owned oroccupied by, or loaned to, any insured; i. War

(b) At or from any premises, site or location on which any insured or any contractor orsubcontractor working directly or

"Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war,


GL00010899 Page 3 of 13

insurrection, rebellion or revolution. This exclusionapplies only to liability assumed under a contract oragreement.

j. Damage to Property

"Property damage" to:

(1) Property you own, rent or occupy;

(2) Premises you sell, give away or abandon, if

the "property damage" arises out of any part of

{1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or

(2) A delay or failure by you or anyone acting on your behalf to perform a contract oragreement in accordance \Vith its terms.

This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your w ork" after it has been put to its intended use.

those premises; "" Recall of Products, Work or Impaired Property

(3) Property loaned to you; Damages claimed for any loss, cost or expense incurred by you or others for the loss of use,

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

(5} That particular part of real property on whichyou or any contractors or subcontractors working directly or indirectly on your behalf are

performing operations, if the "property damage" arises out of those operations; or

withdrawal, recall, inspection, repair, replacement,

adjustment, removal or disposal of:

(1) "Your product";

(2) "Your work"; or

(3) "Impaired property";

(6) That particular part of any property that mustbe restored, repaired or replaced because"your \..York" V>1as incorrect!y performed on it.

Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you.

Paragraphs (3), (4), (5), and (6) of this exciusion do not apply to liability assumed under a sidetrack agreement.

if such product, work or property is withdrawn orrecalled from the market or from use by any person or organization because cf a kno'.vn or suspected defect, deficiency, inadequacy or dangerous

condition in it.

Exclusions c. through n. do not apply to damage by fireto premises while rented to you or temporarily occupied by you with permission of the owner. A separate iimit of

insurance applies to this coverage as described inLIMITS OF INSURANCE (Section Ill).

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

o. Employment-Related Practices

"Bodily injury" to:

k. Damage to Your Product (1) A person arising out of any:

"Property damage" to "your product" arising out of it

or any part of it.

I. Damage to Your Work

"Property damage" to "your work" arising out of it orany part of it and included ·1n the "productscompleted operations hazard".

This exclusion does not apply if the damaged workor the work out of which the damage arises wasperformed on your behalf by a subcontractor.

m. Damage to Impaired Property or Property NotPhysically Injured

"Property damage" to "impaired property" or

property that has not been physically injured,

arising out of:

(a) Refusal to employ that person;

{b) Termination of that person's employment: or

(c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluaf1on, reass"1gnment,discipline, defamation, harassment, humiliation or discrimination directed at that person: or

(2) The spouse, child, parent, brother or sister ofthat person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described inparagraphs (1) (a), (b) or (c) above isdirected.

This exclusion applies:


GL00010899 Page 4 of 13

(1) Whether the insured rr1 ay be liable as an employer or in any other capacity; and

{2) To any obligation to share damages with orrepay someone else who must pay damages because of the injury.

p. Cross Suits

lt is agreed that this insurance does not apply toany liability of one insured for "bodily injury" or"property damage" to the property or person ofanother insured.

q. Wrap-Up

"Bodily Injury" and "property damage" arising out of any work and/or project under a wrap-up or any similar rating plan.

of "nuciear material" and \AJith respect towhich (a) any person or organization isrequired to maintain financial protectionpursuant to the Atomic Energy Act of1954, or any law amendatory thereof, or (b) the ·'insured" is, or had this policy notbeen issued would be, entitled to

indemnity from the United States ofAmerica, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization.

(2) Under any Medical Payments coverage, toexpenses incurred with respect to "bodilyinjury" resulting from the "hazardous properties" of "nuclear material" and arising

out of the operation of a "nuclear fac!Jity" byany person or organization.

r. Asbestos

(1) asbestos, asbestos fibers, asbestiform talc orany material and/or substances containing asbestos, asbestos fibers or asbestiform taicor any asbestos related "bodily injury" or"property damage", or exposure to asbestos,

asbestos fibers or asbestiform talc in anvform, and/or manifestation of any asbestorelated "bodily injury", including but not limited to asbestosis mesothelioma and/or bronchogenic carcinoma; or

(2) any alleged act, error, ornission or dutyinvolving asbestos, asbestos fibers,asbestiform talc or any material and/or substances containing asbestos, asbestos fibers or asbestiform talc its use, exposure, presence, existence, detection, removal, elimination or avoidance; or

(3) the use, exposure, presence, existence, detection, removal, elimination or avoidance of asbestos, asbestos fibers, asbestiform talc orany material and/or substances containing asbestos, asbestos fibers or asbestiform talc in any environment, building or structure.

s. Nuclear Energy Liability

(1) Under any Liability Coverage, to "bodily injury"or "property damage":

(a) With respect to which an "insured" under the policy is also an insured under anuclear energy liability policy issued byNuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or

(b) Resulting from the "hazardous properties"

(3} Under any Liability Coverage, to "bodt!y injury"or "property damage" resulting from the ''hazardous properties" of "nuclear material", if:

{a) The "nuclear rnaterial" {a) is at any"nuclear facility owned by, or operated byor on behalf of, an "insured" or (b) has been discharged or dispersed therefrom;

(b) The "nuclear material" is contained in"spent fuel" or '\vaste" at any timepossessed, handled, used, processed, stored, transported or disposed of by oron behalf of an "insured"; or

(c) The "bodily injury" or "property damage"arises out of the furnishing by an "insured" of services, materials, parts orequipment in connection with theplanning, construction, maintenance, operation or use of any "nuclear facility",but if such facility is located within theUnited States of America, its territories orpossessions or Canada, this exclusion (3) applies only to "property damage" to such"nuclear facility" and any property thereat.

As used in this endorsement:

"Hazardous properties" include radioactive, toxic or explosive properties;

"Nuclear material" means "source material", "Special nuclear material" or "by-product material";

"Source material", "special nuclear material", and "by-product material" have the meanings

given them in the Atomic Energy Act of 1954 or in any law amendatory thereof;

"Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor";


GL00010899 Page 5 of 13

"'vVaste" means any waste material (a}containing "by-product material" other than thetailings or wastes produced by the extraction or concentratlon of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any"nuclear facility" included under the first two paragraphs of the definition of "nuclear facility".

"Nuclear facility" means:

as described in L!i1l. !iTS OF INSURANCE (SECTION Ill); and

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

No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B.

(a) Any "nuclear reactor"; b. This insurance app!les to:

(b) Any equipment or device designed or

used for ( 1) separating the isotopes ofuranium or plutonium, (2} processing or utilizing "spent fuel", or (3) handling, 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 in the

custody of the "insured" at the premises where such equipment or device islocated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235;

(d) Any structure, basin, excavation, premises or p!ace prepared or used forthe storage or disposal of "waste";

and includes the site on which any of the foregoing is located, al! operations conducted on such site and all premises used for such operations;

"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission ina self-supporting chain reaction or to contain acritical mass of fissionable material;

"Property damage" includes all forms ofradioactive contamination of property.

COVERAGE B. PERSONAL AND ADVERTISING INJURY

LIABILITY


a. We will pay those sums that the insured becomeslegally obligated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies. we will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "occurrence" or offense and settle any claim or "suit'' that may result. But

(1) The amount we will pay for damages is limited

(1) "Persona! injury" caused by an offense arising out of your business, excluding "advertising", publishing, broadcasting or telecasting doneby or for you;

(2) "Advertising injury" caused by an offense committed in the course of "advertising" your goods, products or services;

but only if the offense was committed in the"coverage territory" during the policy period.

2. Exclusions.


a. "Persona! injury" or "advertising injury":

(1) Arising out of oral or written publication of material, if done by or at the direction of the Insured with knowledge of its falsity;

(2) Arising out of oral or written publication of material whose first publication took placebefore the beginning of the policy period:

(3) Arising out of the wil!ful violation of a penalstatute or ordinance committed by or with the consent of the Insured; or

(4) For which the Insured has assumed liability ina contract or agreement This exclusion doesnot apply to liability for damages that the Insured would have in the absence of thecontract or agreement.

b. "Advertising injury" arising out of:

(1) Breach of contract;

(2) The failure of goods, products or services toconform with advertised quality orperformance;

(3) The wrong description of the price of goods, products or services; or

(4) An offense committed by an insured whose


GLDOD10899 Page 6 of 13

business is advertising, broadcasting, publishing or telecasting.

(5) Your alleged or actual Infringement of any patent, copyright, trademark, title, slogan, service mark or statutory unfair competition, common law unfair competition, violation of the Lanham Act, anti-trust vio!ations ormisappropriation of trade secrets.

COVERAGE C. MEDICAL PAYMENTS


a. We will pay medical expenses as described below 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:

(1} The accident takes place in the "coverage territory" and during the policy period;

(2) The expenses are incurred and reported to us

\41ithin one year of the date of the accident: and

(3) The injured person submits to examination, at

our expense, by physicians of our choice asoften as we reasonably require.

b. We will make these payments regardless of fault. These payments will not exceed the applicable limitof insurance. We will pay reasonable expenses for:

(1) First aid administered at the time of an accident;

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

(3) Necessary ambulance, hospital, professional nursing and funeral services.

2. Exclusions.

We will not pay expenses for "bodily injury":

a. To any insured.

b. To a person hired to work for or on behalf of anyinsured or a tenant of any insured.

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

d. To a person, whether or not an "employee" of anyinsured, if benefits for the "bodily injury" are

payabie or must be provided under a workers compensation or disability benefits law or a similar!aw_

e. To a person injured while taking part in athletics.

f. Included within the "products-completed operationshazard".

g. Excluded under Coverage A.

h. Due to war, whether or not declared, or any act orcondition incident to war. War includes civll vJar,insurrection, rebellion or revolution.

SUPPLEMENTARY PAYMENTS ·COVERAGES A AND B

We will pay, with respect to any claim or "suit" we defend:

1. Alf Expenses we incur.

2. Up to $250 for cost of bail bonds required because of accidents or traffic law vlolations arising out of the useof any vehicle to which the Bodily Injury Liability

Coverage appiies. VVe do not have to furnish these bonds.

3. The cost of bonds to release attachments, but only forbond amounts within the applicable limlt of insurance. We do not have to furnish these bonds.

4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the ciaim or "suit", including actual loss of earnings up

to $100 a day because of tlme off from work.

5. Al! costs taxed against the insured in the suit".

6. Prejudgment interest awarded against the insured on

that part of the judgment we pay. If we make an offer topay the applicable limit of insurance, w e will not pay anyprejudgment interest based on that period of time after the offer.

7. All interest on the full amount of any judgment that

accrues after entry of the judgment and before we havepaid, offered to pay, or deposited in court the part of thejudgment that is within the applicable limit of insurance.

These payments wm not reduce the limits of insurance.

SECTION II·WHO IS AN INSURED

1. lf 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 business of which you are the sole owner.

b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also Insureds, but only with respect to the conduct of your business.

Copyright, Insurance Services Qffice, Inc., 1993, 1996, Includes copyrighted material of Insurance Services Office, Inc. wit

GL00010899

h

c. An organization other than a partnership or jointventure, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders

2. Each of the fo!loY.1ing is also an insured:

a. Your "employees", other than your "executive officers", but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no "employee" is an insured for:

(1) "Bodily injury" or "persona! injury":

(a) To you, to your partners or members (tf

you are a partnership or joint venture), orto a co-"employee" while in the course of his or her employment or while performing duties related to the conduct of your business;

{b} To the spouse, child, parent, brother or

sister of that co-"employee" as a

consequence of paragraph (1)(a) above;

(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of theinjury described in paragraphs (1)(a) or(b} above; or

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

(2) "Property damage" to property:

(a) Owned, occupied or used by,

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

you, any of your "employees» or, if you are apartnership or joint venture, by any partner ormember.

b. Any person (other than your "employee"), or any organization while acting as your real estate manager.

c. Any person or organization having proper temporary custody of your property if you die, but only:

(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 oniy with respect to duties as such. That representative willhave al! your rights and duties under this Coverage Part_

3. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, anyperson is an insured vJhile driving such equipment a!ong a public high\AJay 1Nith your permission. ,a,ny other

person or organization responsible for the conduct of such person is also an insured, but only with respect toliability arising out of the operation of the equipment, and only if no other insurance of any kind is available tothat person or organization for this liability. However, no person or organization is an insured with respect to:

a. "Bodily injury" to a co-"employee" of the person driving the equipment; or

b. "Property damage" to property owned by, rented to,in the charge of or occupied by you or the employer of any person who is an insured under this provision.

... Any organization you newiy acquire or form, olher thana partnership or joint venture, and over which youmaintain ownership or majority interest, will qualify as a

Named Insured if there is no other similar insurance available to that organization. However:

a. Coverage under this provision is afforded onlyuntil the 90

1

organizationwhichever is

b. Coverage A "property dacquired or

c. Coverage B

"advertising committed organization

No person or organizconduct of any currethat is not shown as a

SECTION Ill - LIMITS

1. The Limits of Insthe rules below the number of:

a. Insureds;

b. Claims mad

c. Persons or or"suits".

2. The General Aggthe sum of:

1998h its permission

Page 7 of 13

day after you acquire or form the

or the end of the policy period, earner;

does not apply to "bodily injury" oramage" that occurred before you formed the organization; and

does not apply to "personal injury" or

injury" arising out of an offense before you acquired or formed the.

ation is an insured with respect to thent or past partnership or joint venture Named Insured in the Declaratlons.

OF INSURANCE

urance shown in the Declarations and fix the most we wil! pay, regardless of

e or "suits" brought; or

ganizations making claims or bringing

regate Limit is the most we wl!I pay for


GL00010899 Page 8 of 13

a. Medical expenses under Coverage C; may result in a claim. To the extent possible, notice should include:

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

c. Damages under Coverage B.

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

(2) The names and addresses of any injured persons and witnesses; and

3. The Products-Completed Operations Aggregate Limit isthe most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard".

4. Subject to 2. above, the Personal and Advertising Injury

Limit is the most we will pay under Coverage B for the sum of all damages because of a!! "personal injury" and al! "advertising injury" sustained by any one person ororganization.

5. Subject to 2. or 3. above, whichever applies, the Each

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

b. If a claim is made or "suir is brought against any insured, you must:

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

(2) Notify us as soon as practicable.

Occurrence Limit is the most we will pay for the sum of: You must see to it that we receive written notice ofthe claim or "suit" as soon as practicable.

a. Damages under Coverage A; and

b. Medical expenses under Coverage C

because of a!! "bodily fnjuryH and "property damage" arising out of any one "occurrence".

G. 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";

6. Subject to 5. above, the Fire Dan1age Limit is the most we will pay under Coverage A for damages because of "property damage" to premises, while rented to you erterr1porarily occupied by you with permiission of the owner, arising out of any one fire.

7. Subject to 5. above, the Medical Expense Limit is themost we will pay under Coverage C for all medicalexpenses because of "bodily injury" sustained by anyone person.

The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any

remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last precedingperiod for purposes of determining the Limits of Insurance.

(2) Authorize us to obtain records and other information;

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

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

d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.

3. Legal Action Against Us.

SECTION IV - COMMERCIAL GENERAL LIABILITY

CONDITIONSNo person or organization has a right under this Coverage Part:

1. Bankruptcy. a. To join us as a party or otherwise bring us into a

"suit" asking for damages from an insured; or

Bankruptcy or insolvency of the insured or of the insured's estate win not relieve us of our obligations under this Coverage Part.

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

2. Duties in the Event of Occurrence, Offense, Claimor Suit.

a. You must see to it that we are notified as soon aspracticable of an "occurrence" or an offense which

A person or organization may sue us to recover onan agreed settlement or on a final judgement against an insured obtained after an actual trial; but we will not be liable for damages that are notpayable under the terms of this Coverage Part or


GL00010899 Page 9 of 13

that are in excess of the applicable limit of

insurance. An agreed settlement means asettlement and release of liability signed by us, the insured and the claimant or the claimant's legalrepresentative.

would pay for the loss in the absence of this insurance; and

(2) The total of all deductible and self-insured amounts under a!1 that other insurance.

•- Other Insurance. We wili share the remaining loss, if any, with any

other insurance that is not described in this ExcessIf other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited asfollows:

Insurance provision and vvas not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of thisCoverage Part.

a. Primary Insurance c. Method of Sharing

This insurance is primary except vvhen b. below

applies. if this insurance is primary, our obligations are not affected unless any of the other insuranceis also primary. Then, we will share with all that

other insurance by the method described in c.below.

If all of the other insurance permits contribution byequai shares, we will follow this method also.Under this approach each party contributes equal

amounts until it has paid its applicable limit ofinsurance or none of the loss remains, whichever comes first.

b. Excess insurance

This insurance is excess over

(1) Any valid and collectible insurance available toyou covering liability for damages arising out of your premises, operations, products and/or completed operations.

If any of the other insurance does not permit contribution by equal shares, we will contribute by11mits. Under this method each ilisurer's share isbased on the ratio of its applicabie limit of insurance to the total applicable limits of insurance of al! insurers.

5. Premium Audit.

(2) Any other valid and collectible insuranceavailable to you covering liability for damages arising out of the premises, operations, products and/or completed operations forwhich you have been added as an additional insured by an endorsement, or by definitionvia a contract or agreement, or by combination thereof.

(3) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or slmilar coverage for "your work";

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

b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured.

if the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured.

(4) That is Fire Insurance for premises rented to

you; or

(5) If the loss arises out of the maintenance oruse of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Coverage A (Section I).

c. The first Named Insured must keep records of the

information we need for premium computation, and send us copies at such times as we may request.

6. Representations.

By accepting this policy, you agree:

When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or"suit" that any other insurer has a duty to defend. Ifno other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against an those other insurers.

When this insurance is excess over other insurance, we wiil pay only our share of the amount of the loss, if any, that exceeds the sum of:

a. The statements in the Declarations are accurate and complete;

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

c. We have issued this policy in reliance upon your representations.

7. Separation of lnsured's.

(1) The total amount that all such other insurance


GL00010899 Page 10 of 13

Except v.iith respect to the Limits of Insurance, and anyrights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies:

a. As if each Named Insured were the only Named

Insured; and

b. Separately to each insured against whom claim ismade or "suit" is brought.

8. Transfer of Rights of Recovery Against Others to

Us.

If the insured has r'lghts 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 ioss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and

help us enforce them.

9. When We Do Not Renew.

If we decide not to renew this Coverage Part, we wlll mail or deliver to the first Named Insured shown in theDeclarations written notice of the nonrenewai not !ess

than 30 days before the expiration date.

If notice is mailed, proof of mai!ing wi!! be sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertising" means the action of calling something to

the attention of the public by rneans of printed orbroadcast paid announcements for the sale of goods, products or services.

2. "Advertising injury" means injury arising out of one or

more of the following offenses:

a. Oral or written publication of material that slanders or libels a person or organization or disparages aperson's or organization's goods, products orservices;

b. Oral or written publication of material that violatesa person's right of privacy;

c. Misappropriation of advertising ideas or style of doing business except as related to or arising out of infringement of patent, copyright, trademark, title, slogan or service mark.

3. "Auto" means a land motor vehicle, trailer or semi-trailerdesigned for travel on public roads, including any attached machinery or equipment. But "auto" does notinclude umobile equipment".

4. UBodily injury" means bodily injury, sickness or disease

sustained by a person, including death resulting from

any of these at any time.

5. "Coverage territory" means:

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

b. International waters or airspace, provided the injuryor damage does not occur in the course of travel ortransportation to or from any place not included ina. above; or

c. All parts of the world if:

(1) The injury or damage arises out of:

(a) Goods or products made or sold by you ·1n

the territory described in a. above; or

(b) The activities of a person whose home isin the territory described !n a. above, butis away for a short time on your business; and

(2} The insured's responsibility to pay damages isdetermined in a "suit" on the merits, in the

territory described in a. above or in a

settlement vve agree to.

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

7. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document.

8. "!mpalred property" means tangible property, other than"your product" or "your work", that cannot be used or isless useful because:

a. It incorporates "your product" or "your workn that isknown or thought to be defective, deficient, inadequate or dangerous; or

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

agreement,

if such property can be restored to use by:

a. The repair, replacement, adjustment or removal of "your product" or "your work"; or

b. Your fulfilling the terms of the contract or

agreement.

9. "Insured contract" means:

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

b. A sidetrack agreement;

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GL00010899 Page 11of 13

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

or

c. While it is being moved from an aircraft, watercraft or "auto" to the p!ace where it is finally delivered;

d. An obligation, as required by ordinance, to

indemnify a municipality, except in connection with work for a municipality;

e. An elevator maintenance agreement;

f. That part of any other contract or agreement pertaining to your business (including an'1ndemnificaf1on of a municipal'lty 'in connection w"ith

work performed for a municipality) under which you assume the tort liability of another party to pay for"bodily injury" or "property damage" to a third person or organization. Tort liability means aliability that would be imposed by !a\AJ in the absence of any·contract or agreement.

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

12. "Mobile equipment" means any of the following types ofland vehicles, including any attached machinery orequipment:

a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;

b. Vehicles maintained for use solely on or next topre1nlses you own or rent;

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

(1} That indemnifies a railroad for "bodily injury" or"property damage" arising out of construction or demolition operations, within 50 feet of anyrailroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing;

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

(a) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or

(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or

Co Vehicles that travel on crawler treads;

d. Vehicles, whether self-propelled or not, maintained prin1arily to provide (nobility to perrnanentiy mounted:

{1) Power cranes, shovels, loaders, diggers or

drills; or

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

e. Velllcles not described in a.1 b.,c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:

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

(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured'srendering or failure to render professionalservices, including those listed in (2) above

and supervisory, inspection or engineeringservices.

10. "Leased worker" means a person leased to you by alabor leasing firm under an agreement between you and the labor leasing firm, to perform duties related tothe conduct of your business. "Leased worker" doesnot include a "temporary worker".

11. "Loading or unloading" means the handling of property:

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

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

f. Vehicles not described in a., b., c. or d. abovemaintained primarily for purposes other than thetransportation of persons or cargo_

However, self-propelled vehicles with the following types of permanently attached equipment are not"mobile equipment", but will be considered "autos":

(1) Equipment designed primarily for:

(a) Snow removal;

(b) Road maintenance, but not construction

or resurfacing; or

(c) Street cleaning;

b. While it is in or on an aircraft, watercraft or "auto"; (2) Cherry pickers and similar devices mounted


GL00010899 Page 12 of 13

on automobile or truck chassis and used toraise or iower workers; and

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

13. "Occurrence" means an accident. including continuous or repeated exposure to substantially the same generalharmful conditions.

14. "Personal injury" means injury, other than "bodily injury",arising out of one or more of the following offenses·.

a. False arrest, detention or imprisonment;

b. fvialicious prosecution;

c. The wrongful eviction from, wrongful eniry into, or

invasion of the right of private occupancy of a room, dweiling or premises that a person occupies by or on behalf of its owner, landlord or lessor;

d. Oral er 1/;1ritten publication of material that slanders or iibels a person or organization or disparages a

person's or organization's goods, products orservices; or

e. Oral or written publication of material that violates a person's right of privacy.

15. a. "Products-completed operations hazard" includes

all "bodily injury" and «property damage" occurring

av.Jay from premises you own or rent and arising out of "your product" or "your work" except:

(1) Products that are still in your physical

possession; or

(2) Work that has not yet been completed or

abandoned.

b. "Your work" will be deemed completed at the earliest of the following times:

(1) When all of the work called for in your contract has been completed.

(2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site.

(3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.

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

c. This hazard does not inciude "bodily injury" or"property damage" arising out of:

(1) The transportation of property, unless theinjury or damage arises out of a condition in oron a vehic!e created by the "!oading orunloading" of it;

{2) The existence of tools, un!nsta!led equipment

or abandoned or unused materials; or

(3) Products or operations for which the

classification in this Coverage Part or in our manual of rules includes products orcompleted operations.

16. "Property damage" means:

a. Physical injury to tangible property, including all resulting loss of use of that property. All such lossof use shall be deemed to occur at the time of thephysical injury that caused it; or

b. Loss of use of tangible property that is not

physically inju(ed. Aii such ioss of use sha!! bedeemed to occur at the time of the "occurrence" that caused it.

17. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage , "persona!injury" or "advertising injury" to which this insurance applies are alleged. "Sult" includes:

a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or

b. Any other alternative dispute resolution proceeding in which such damages are claimed and to whichyou submit with our consent.

18. "Your product" means:

a. Any goods or products, other than real property, manufactured, sold, handled, distributed ordisposed of by:

(1) You;

(2) Others trading under your name; or

(3) a person or organization whose business orassets you have acquired; and

b. Containers (other than vehicles), materials, partsor equipment furnished in connection with suchgoods or products.

"Your product" includes:

a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and

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GL00010899 Page 13 of 13

b. The providing of or failure to provide warnings or instructions.

"Your product" does not include vending machines or other property rented to or located for the use of others.but not sold.

19. "Temporary worker" means a person who is furnishedto you to substitute for a permanent "employee" onleave or to meet seasonal or shortterm workloadconditions.

20. "Your work" means:

a. Work or operations performed by you or on yourbehalf; and

b. Materials, parts or equipment furnished inconnection ·-.vith such work or operations.

"Your work" includes:

a. Warranties or representations made at any time \AJith respect to the fitness, quality, durability,performance or use of "your work"; and

b. The providing of or failure to provide warnings or instructions.

GENERAL CHANGE EN DORSEM ENT

Named Insured: G-Kon, Inc.Policy No:Endorsement Effective Date:Endorsement No: Company:

09GLCCCS10005/18/200901Irnmn Insurance Company

In consideration of the premium charged, the captioned policy is subject to an Annual Audit andthe following rates applies at audit:

Condo Rate: "If Any Basis" - $9.00 per 1000 of Gross Revenue A!IOther including apartment construction @ $6.00 rate per 1000 of cost

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

Signed

Signature of Authorized Representative

IG00050396

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