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Agreement with Gym Kidz Certificate of InsuranceCERTIFICATE OF LIABILITY INSURANCE Roof DATE(MM/DD/YYYY) 3/3/2014 THIS CERTIFICATE'S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS 'CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PAYCHEX INSURANCE AGENCY INC/PHS 210724 8: F: (888) 443-6112 `ADDRESS: PO BOX 33015 INSURER(S) AFFORDING COVERAGE SAN ANTONIO TX 78265 INSURED CONTACTE: NAM PFIONE (AIC, No, Ext): GYM KIDZ, INC 2038 NE 155TH ST MIAMI FL 33162 COVERAGES INSURER A: Twin City Fire Ins CO IINSURER B : INSURER C : IINSURER D: IINSURER E : IINSURER F : CERTIFICATE NUMBER: REVISION NUMBER: ZINC, No): (888) 4436112 NAICB THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, (NSR / TR TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE (OCCUR GE- N'L AGGREGATE LIMIT APPLIES PER: POLICY PRC- LOC JECT OTHER: AUTOMOBILE LIABILITY - ANY AUTO - ALL OWNED SCHEDULED AUTOS _ AUTOS HIRED AUTOS NON -OWNED UMBRELLA LIAB EXCESS LIAB DED( (RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? A (Mandatory In NH) �._. If yes, describe under DESCRIPTION OF OPERATIONS below AUTOS OCCUR CLAIMS -MADE ADDLI SUBR INCA WV)) NIA -_ POLICY NUMBER 76 WEG DD3960 POLICY EFF POLICY EXP NI.M/DD/YYYY) rnrvmnrvv1,v1 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE PER X STATUTE OTH- ER E.L. EACH ACCIDENT 05/25/2013 05/25/2014 E.L. DISEASE -EA EMPLOYEE 1 E.L. DISEASE - POLICY LIMIT DESCrtIPT/ON OF OPERATIONS /LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 1f more space Is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER City of Miami Beach 2700 SHERIDAN AVE MIAMI BEACH, FL 33140 $1,000,000 $1,000,000 $1,000,000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 2038 NE 155 ST N Miami Beach, FL 33162 www.gymkidzgymnastics.com info@9vmkidzavmnastics.com 305-944-4277 To whomever this may concern, Please be advised that Gym Kidz does not own nor operate any vehicles in connection with Request for Proposal No. 2013-157 for Gymnastic Program Instruction Services, with the City of Miami Beach. Therefore, we request that this coverage requirement be waived for this reason. However, in doing so, this waiver request does not affect the indemnification and other insurance requirements as described in this contract. Regards, jeSfyV4ona P8iden A` CGS 1.71 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In (leu of such endorsement(s). PRODUCER /CONTACT NAME: DATE (MM(DD(YYYY) 04/01/2014 INSURED KULIN-SOHN 1623 COLONIAL PARKWAY INVERNESS, IL 60067 GYM KIDZ INC 2038 NE 155 ST N MIAMI BEACH, FL 33162 C PHONE I A A 14 EKn:847-991-42801 1 FAX No1:847-991-4351 ADDRESS: INSURER(S) AFFORDING COVERAGE INSURERA: NATIONWIDE MUTUAL INSURANCE CO INSURER B : INSURER C : iN$URER D : INSURER E : INSURER F NAIC It COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSRI ADDL.SUBR - -- I POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR wvn POLICY NUMBER I (MM/DDIYYYY) IMM/DD/YYYYII A ' GENERAL LIABILITY X 6BMAS0000005394100 i EACH OCCURRENCE X I UAMA( T6 RENTED 1 PREMISES (Ea occurrence) 3/2.5/14 3/25/15 LIMITS 1,000,000 $ 300,000 $ 5,000 $ .1,000,000 $ 5,000,000 $ 1,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR [—GENII AGGREGATE LIMIT APPLIES PER; I 1 POLICY jECOT I jj1 LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED — SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB EXCESS LIAB DED RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED'? (Mandatory In NH) If yes, describe Under DESCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE YIN N/A MED EXP (Any one person) • PERSONAL & ADV INJURY GENERAL AGGREGATE 1 j PRODUCTS - COMP/OPAGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) . BODILY INJURY (Per aCcident) I PROPERTY DAMAGE !Per accident) $ $ EACH OCCURRENCE 1 $ AGGREGATE $ TORY LIIMITS I I° E.L. EACH ACCIDENT 5 L DISEASE . SA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS ( VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED, BUT ONLY FOR LIABILITY CAUSED, IN WHOLE OR IN PART, BY THE ACTS OR OMISSIONS OF THE NAMED INSURED •—• C CERTIFICATE HOLDER CITY OF MIAMI BEACH 2700 SHERIDAN AVE MIAMI BEACH, FL 33140 ACORD 25 (2010/051 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU,Th,0RIZED REPRESENTATIVE ,r3 7 O 198E-2010 ACORD CORPORATION. All rights reserved. The ACORD name and taco are registered marks of ACORD ® DATE (MM/OD/YYYY) ,4'' CERTIFICATE OF LIABILITY INSURANCE 04/09/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemont(s). PRODUCER KULIN-SOHN 1623 COLONIAL PARKWAY INVERNESS, IL 60067 _ INSURER(S)AFFORDING COVERAGE NAIC_k INSURER A : NATIONWIDE MUTUAL INSURANCE CO INSURER B INSURER C INSURED CONTACT NAME: PHONE 847-991" 42801 fA/O No, Ext); EMAIL ADDRESS: !FAX/, Np1:847-991-4351 GYM KIDZ INC 2038 NE 155 ST N MIAMI BEACH, FL 33162 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, r'POLICY EFF • POLICY EXP I IMMIDDIYYYY11 (MM/DOIYYYY) LTR I TYPE OF INSURANCE I GENERAL LIABILITY A I COMMERCIAL GENERAL LIABILITY 1 I CLAIMS -MADE i X I OCCUR I • I-.-� I GEN'L AGGREGATE LIMIT APPLIES PER 1 POLICY r I JECT I LOC AUTOMOBILE LIABILITY ANY AUTO -I ALL OWNED AUTOS HIRED AUTOS -- AU OSULED NON -OWNED AUTOS UMBRELLA LIAR I OCCUR EXCESS LIAR I I CLAIMS -MADE DED) -RETENTION 5 I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I (Mandatory in NH) If yes, describe Under DESCRIPTION OF OPERATIONS below A GENERAL LIABILITY YIN ll (ADDL. SUBRI INFR wvn IPOLICY NUMBER X I68MA80000005394100 N/A 6BMAS0000005394100 3/25/14 3/25/15 3/25/14 LIMITS EACH OCCURRENCE 1 5 UAMA(E TO RENTED PREMISES (Ea occurrence) MEC EXP (Any one person) 5 PERSONAL & ADV INJURY $ 1 GENERAL AGGREGATE 5 PRODUCTS - COMP/OP AGG $ CEaOMacrEINidEenD tlSINGLE LIMIT I 5 BODILY INJURY (Por person) 5 I BODILY INJURY (Per accident) $ PROPERTY DAMAGE r(Per ECCldenll 1 EACH OCCURRENCE AGGREGATE $ 5 1,000,000 300,000 5,000 1,000,000 5,000,000 1,000,000 WC STATU• 1 IOTH. TORY_Lf•MITS FR I E.L EACH ACCIDENT . E.L. DISEASE - EA EMPLOYEE 5 E L DISEASE - POLICY LIMIT $ 3/25/15 PROFESSIONAL LIABILITY $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (AttaoE ACORD 101, AddIttonal Remarks Sohadute If more spaoe Is required) CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED, 8UT ONLY FOR LIABILITY CAUSED, IN WHOLE OR IN PART, BY THE ACTS OR OMISSIONS OF THE NAMED INSURED CERTIFICATE HOLDER CITY OF MIAMI BEACH 2700 SHERIDAN AVE MIAMI BEACH, FL 33140 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENT TtV ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (20101051 The ACORD name and loco are registered marks of ACORD iMIAMIBEACHI SECTION VI SPECIAL TERMS AND CONDITIONS: INSURANCE Insurance Requirements. The successful Proposer(s) shall obtain, provide and maintain, during the term of the contract, the following types and amounts of insurance, which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide: The successful Proposers' failure to procure or maintain required the insurance program shall constitute a material breach of the contract. Commercial General, Liability on a comprehensive basis to include Premises and Operations, Personal Injury/Advertising Liability, in an amount not less than $1,000,000 for bodily injury and property damage. The City of Miami Beach must be shown as the certificate holder and named as an additional insured on the policy. Worker's Compensation and 'Employers Liability Insurance, in accordance with Florida Statutes, Chapter 440. Automobile Liability for all vehicles owned, leased, hired, and non -owned, in an amount not less than $1,000,000 per occurrence for bodily injury and properly damage,. Professional Liability in an amount not less than $1,000,000 per claim/loss, to include coverage for professional iscm onductt or lack of ordinary skill for those positions defined in the scope of services for this contract. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Proposer or City, and shall name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty (30) days prior written notice to the City. The successful Proposer(s) shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing saidpolicies to be in full force and effect at all times during the course of the contract. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed contract. If any of the required insurance coverage contain aggregate limits, or apply to other operations or tenancies of Proposer(s) outside the proposed contract, Proposer(s) shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Proposer(s) shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. Ns/ -o) 12 RFP 157-2013 Gymnastic Program Instruction Services MARK SOHN mobile (800) 640-6601 FaceTime work mnst33adocom Send Message I„Jlll ., Ill/ Jli. POLICYHOLDER DISCLOSURE DISCLOSURE OF PREMIUM AND FEDERAL PARTICIPATION The Terrorism Risk Insurance Act establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. The Act provides that, to be certified, an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals as a part of an effort to coerce the government or population of the United States. In accordance with the Terrorism Risk Insurance Act, we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program as an act of terrorism. The policy's other provisions will still apply to such an act DISCLOSURE OF PREMIUM The premium for terrorism coverage is $ Included . DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. NW 26654 01/2008 ,rig L•111 il•.i ISSUED BY: Named Insured Mailing Address BLANKET PROTECTOR COMMON DECLARATIONS K & K INSURANCE GROUP, INC. Sports, Leisure and Entertainment RPG DBA: Gymnastics Schools/Clubs and/or Cheer Gyms 1712 Magnavox Way Fort Wayne, IN 46804 POLICY NUMBER 6BMAS0000005394100 POLICY PERIOD: From 04/01/13 to 04/01/16 at 12:01 A.M. Standard Time at your mailing address Form of Business: Other Description of Business: Gymnastics Schools/Clubs and/or Cheer Gyms IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE TO PROVIDE YOU WITH THE INSURANCE AS STATED IN THIS POLICY. This policy consists of the coverages indicated as included. The premium may be subject to adjustment. Commercial Property Coverage Commercial General Liability Coverage Commercial Crime Coverage Mechanical, Electrical and pressure Equipment Coverage Commercial Inland Marine Coverage Commercial Auto Coverage Garage Coverage Farm Coverage Other Coverages Hired Auto & Employers Nonownership Liability Included X X Total Advance Premium See SRPG17348-1 Premium Payable At Inception See SRPG17348-1 In the event of cancellation by you, we shall receive and retain not less than 20% as the minimum premium, Forms in common to all Coverage: SRPG 17348(12/02) IL0017(11/98) CAS3228 IL0158(09/08) IL0272(09/07) IL0985(01/08) Date of Issue: April 1, 2013 Countersignature Date: CAS 3200A (1-87) Not Included X X X X X X X SRPG26148(09/08) SRP00021(09/08) Issuing Office: Agency At: Agent: POLICY NUMBER: 6BMAS0000005394100 DECLARATIONS EXTENSION With respect to CAS3200-A, Blanket Protector Common Declarations, and wherever else it may appear, the Named Insured, Policy Period, Advance Premium and Premium Payable at Inception are amended as follows: Named Insured: Sports, Leisure and Entertainment Risk Purchasing Group and its enrolled member Gymnastics Schools/Clubs and/or Cheer Gyms who have enrolled in the insurance program and have been approved by the company and for which an appropriate premium has been paid and to whom a certificate of insurance has been issued. Policy Period: April 1, 2013 -April 1, 2016 Coverage for each enrolled member begins after the approved enrollment form and premium payment are received by the program administrator and is effective for the date and time specified on the certificate. Advance Premium: The advance premium for each enrolled member Gymnastics School/Club and/or Cheer Gym is as follows: Gymnastics Schools/Clubs and/or Cheer Gyms: $1,000,000 Commercial General Liability Limit - $1,000.00 Abuse, Molestation, Harassment or Sexual Conduct Defense Cost Reimbursement - Optional Coverage: $ 100,000 Limit - $100.00 Sexual Abuse or Sexual Molestation Liability Optional Coverage: $1,000,000 Limit - $150.00 Premises Liability for Swimming Pools - Optional Coverage: $1,000,000 Limit - $650.00 per pool Premium Payable at Inception: Is based on the payment plan requested on the enrollment form and received and approved by the program administrator. For hosted meets, competitions, event coverage, Sexual Abuse or Sexual Molestation Liability and Abuse, Molestation, Harassment or Sexual Conduct Defense Cost Reimbursement: 100% of the premium is due upon binding and is fully earned and non-refundable once the tournament begins. Florida applicants must add the required state mandated hurricane catastrophe fund assessment fee to the total premium. Schedule 1 SRPG17348 12/02 POLICY NUMBER: 6BMAS0000005394100 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due, If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even 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 is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C, Examination Of Your Books And Records We may examine and audit your books and re -cords as they relate to this policy at any time during the policy period and up to three years after -ward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 0017 11 98 INTERLINE IL 0017 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged, We do not make safety inspections. We do not undertake 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: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent 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 but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ��i=i�i'•i.iSfi•� POLICY NUMBER: 6BMAS0000005394100 Nationwide Mutual Insurance Company Nationwide Mutual Fire Insurance Company Nationwide Property and Casualty Insurance Company Home Office: Columbus, Ohio 43215•-2220 MANDATORY ENDORSEMENT POLICYHOLDER MEMBERSHIP IN THE COMPANY (Applicable Only in the Nationwide Mutual Insurance Company or the Nationwide Mutual Fire Insurance Company in All States Except Those Specifically Provided For) Because this policy is issued by a mutual insurance company, you are a member of the company while this or any other policy is in force. While a member you are entitled to a vote only - either in person or by proxy - at meetings of the company. You are entitled to any dividends which are declared by the Board of Directors and are applicable to coverages in your policy. The annual meeting of the members of the company issuing your policy (the company is indicated on the Declarations Page) will be held at the Nationwide Plaza in Columbus, Ohio, on the first Thursday of April. The time of the meeting for the Nationwide Mutual Fire Insurance Company is 9:30 A.M. and the time of the meeting for the Nationwide Mutual Insurance Company is 10:00 A.M. We will mail notice of any change in meeting dates, times or place to you at your address last known to us at least ten days prior to the rescheduled meeting date. This policy is non -assessable, meaning that you are not subject to any assessment beyond the premiums we require for each policy term. POLICYHOLDER MEMBERSHIP IN THE COMPANY (Applicable Only in the Nationwide Mutual Insurance Company or the Nationwide Mutual Fire Insurance Company When This Policy is Issued in The State of Texas) 1. MUTUALITY — MEMBERSHIP AND VOTING NOTICE. You are notified that by virtue of this policy you are a member of the Nationwide Mutual Insurance Company of Columbus, Ohio or the Nationwide Mutual Fire Insurance Company of Columbus, Ohio as shown on the Declarations Page of this Policy, and you are entitled, as is lawfully provided in the charter, constitution, or by-laws to only one vote regardless of the number of policies owned either in person or by proxy, in any or all meetings of the company. The annual meetings are held at the Home Office at Columbus, Ohio, on the first Thursday of April, in each year, at 9:30 A.M. for the Nationwide Mutual Fire Insurance Company and 10:00 A.M. of the same day for the Nationwide Mutual Insurance Company. 2. MUTUALS - PARTICIPATION CLAUSE WITHOUT CONTINGENT LIABILITY, No Contingent Liability: This policy is non -assessable. You are a member of the company and shall participate, to the extent and upon the conditions fixed and determined by the Board of Directors in the distribution of dividends so fixed and determined provided such determinations are in accordance with the provisions of the Texas Insurance Code and other applicable law, which includes the rules and regulations of the State Board of Insurance. IN WITNESS WHEREOF: Nationwide Mutual Insurance Company, Nationwide Mutual Fire Insurance Company or Nationwide Property and Casualty Insurance Company, whichever is the issuing company, as designated on the Declarations, has caused this policy to be signed by its President and Secretary at Columbus, Ohio, and countersigned by a duly authorized representative of the company. ATTEST: CAS 3228 pz(---eAt .,(01,„,a7. 'mid a Secretary President POLICY NUMBER: 6BMAS000000 5394100 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARNED PREMIUM This endorsement modifies insurance provided under the following: ALL LIABILITY COVERAGES The following is in effect only when indicated by X Premium fully earned at inception X Premium fully earned at inception 20% " (Percentage of Policy Term Premium) Premium fully earned as follows: % of total premium in the event of cancellation prior to Total policy premium is fully earned in the event of cancellation after X Event premiums The following premiums apply to each category of event indicated and are fully earned as of the beginning of each event: EVENT Hosted meets, competitions or events for which optional coverage was applied for and the appropriate premium paid. * Abuse, Molestation, Harassment or Sexual Conduct Defense Cost Reimbursement premium and Sexual Abuse or Sexual Molestation Liability premium are both 100% fully earned at inception. PREMIUM PER EVENT As scheduled SRPG26148 09/08 POLICY NUMBER: 6BMAS0000005394100 SRPG 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART HIRED AUTO AND EMPLOYERS' NONOWNERSHIP LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear 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 (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. SRPG 00 21 09 08 C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product material". (3) Includes copyrighted material of ISO Properties, Inc. with its permission. Copyright, ISO Properties, Inc., 2007 Page 1 of 2 "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 ex -posed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" 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: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; SRPG 00 21 09 08 (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 is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. Includes copyrighted material of ISO Properties, Inc. with its permission. Copyright, ISO Properties, Inc., 2007 Page 2 of 2 POLICY NUMBER: 6BMAS0000005394100 INTERLINE IL 01 58 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES This endorsement modifies insurance provided under the following: k COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY — LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY — MORTGAGEHOLDERS ERRORS AND OMISSIONS COVERAGE FORM* EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY Under the Mortgageholders Errors And Omissions Coverage Form, the following condition applies only to Coverage C and Coverage D. The following condition is added: Notice given by or on behalf of the insured to any of our authorized agents in Indiana, with particulars sufficient to identify the insured, shall be considered to be notice to us. IL 01 58 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 POLICY NUMBER: 6BMAS0000005394100 INTERLINE IL 02 72 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES -- CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following: 2. Cancellation Of Policies In Effect a. 90 Days Or Less If this policy has been in effect for 90 days or less, we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; (2) 20 days before the effective date of cancellation if you have perpetrated a fraud or rnaterial misrepresentation on us; or (3) 30 days before the effective date of cancellation if we cancel for any other reason. IL 02 72 09 07 b. More Than 90 Days If this policy has been in effect for more than 90 days, or is a renewal of a policy we issued, we may cancel this policy, only for one or more of the reasons listed below, by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; (2) 20 days before the effective date of cancellation if you have perpetrated a fraud or material misrepresentation on us; or (3) 45 days before the effective date of cancellation if: (a) There has been a substantial change in the scale of risk covered by this policy; (b) Reinsurance of the risk associated with this policy has been cancelled; or (c) You have failed to comply with reasonable safety recommendations. © ISO Properties, Inc., 2006 Page 1 of 2 B. The following is added to the Common Policy Conditions and supersedes any provision to the contrary. NONRENEWAL 1. If we elect not to renew this policy, we will mail or deliver to the first Named Insured written notice of nonrenewal at least 45 days before: a. The expiration date of this policy, if the policy is written for a term of one year or less; or b. The anniversary date of this policy, if the policy is written for a terra of more than one year. IL 02 72 09 07 2. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. © ISO Properties, Inc., 2006 Page 2 of 2 POLICY NUMBER: 6BMAS0000005394100 INTERLINE IL 09 85 01 08 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium (Certified Acts) $0 This premium is the total Certified Acts premium attributable to the following Coverage Part(s), Coverage Form(s) and/or Policy(s): Additional information, if any, concerning the terrorism premium: Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. IL 09 85 01 08 C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. © ISO Properties, Inc., 2007 Page 1 of 1 BLANKET PROTECTOR COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS ISSUED BY: K & K INSURANCE GROUP, INC. POLICY PERIOD: From 04/01/13 to 12:01 A.M. Standard Time at your mailing address. LIMITS OF INSURANCE General Aggregate Limit (Other Than Products -Completed Operations) Products -Completed Operations Aggregate Limit Each Occurrence Limit Personal & Advertising Injury Limit Medical Expense Limit Damage To Premises Rented To You Limit Additional Coverages Legal Liability to Participants Professional Liability Medical Payments for Participants OPTIONAL COVERAGES: Abuse, Molestation, Harassment or Sexual Conduct Defense Cost Reimbursement POLICY NUMBER 6BMAS0000005394100 04/01/16 See SRPG17348-2 See SRPG17348-2 See SRPG17348-2 See SRPG17348-2 See SRPG17348-2 See SRPG17348-2 See SRPG17348-2 See SRPG17348-2 See SRPG17348-2 See SRPG17348-2 at Any One Person or Organization Any One Person Any One Premises Sexual Abuse or Sexual Molestation See SRPG17348-2 Liability RETROACTIVE DATE (Applies to CG 00 02, Claims Made Coverage, only) Coverage A of this insurance does not apply to "bodily injury" or "property damage" which occurs before the Retroactive Date, if any, shown below. Retroactive Date: None (Enter Date or "None" if no Retroactive Date applies.) Retroactive Date (Applies to CG 00 34, Claims Made Coverage, Liquor Liability) Retroactive Date: None (Enter Date or "None" if no Retroactive Date applies.) Location of All Premises You Own, Rent or Occupy: 1) As reported and on file with the company 2) Various Classification Advance Premium Products/ Code No. Premium Basis Completed Operations SEE SRPG17486, LIABILITY SCHEDULE & PREMIUM RECAP Commercial General Liability Advance Premium See SRPG17348-1 Forms Applicable to Commercial General Liability Coverage Part: SRPG17348(12/02) SRPG115(01/12) SRPG8015(09/08) SRPG26143(09/08) SRPG26583(09/08) CG2035(10/01) IL1201(11/85) Cas 3203-A (3-05) SRPG 17486(12/02) SRPG157(09/08) SRPG26055(09/08) SRPG26147CG(09/08) CG0123(03/97) CG2147(07/98) IL1201(11/85) C00001(12/04) SRPG2146(09/08) SRPG26117(09/08) SRPG26154(09/08) CG2011(01 /96) CG2167(12/04) All Other CAS3880(08/97) CAS4487(06/93) IL1201(11/85) SRPG7086(01/12) SRPG26131(09/08) IL1201(11/85) SRPG26154(09/08) SRPG26503(09/08) CG2026(07/04) CG2028(07/04) CG2170(01/08) CG2504(05/09) POLICY NUMBER: 6BMAS0000005394100 DECLARATIONS EXTENSION With respect to CAS3203-A, Blanket Protector Commercial General Liability Coverage Part Declarations, Limit of Insurance options are as follows: Coverage and limits of insurance apply to each enrolled member as submitted, approved and held on file with the company and for which the appropriate premium has been paid. Limits of Insurance for Gymnastics Schools/Clubs and/or Cheer Gvms: General Aggregate Limit (other than Products -completed Operations) Products -Completed Operations Aggregate Limit Each Occurrence Limit Personal & Advertising injury Limit (any one person or organization) Medical Expense Limit (any one person) Damage to Premises Rented to You (any one premises) Medical Payments for Participants (Excess -Per Participant -$250 deduct. per claim) Legal Liability to Participants - per occurrence Professional Liability - per wrongful act Swimming Pools - Optional Coverage: * These limits are not in addition to the standard program limits General Aggregate Limit (other than Products -completed Operations) Products -Completed Operations Aggregate Limit Each Occurrence Limit Personal & Advertising Injury Limit (any one person or organization) Medical Expense Limit (any one person) Damage to Premises Rented to You (any one premises) Hosted Meets, Competitions or Events - Optional Coverage * These limits are not in addition to the standard program limits General Aggregate Limit (other than Products -completed Operations) Products -Completed Operations Aggregate Limit Each Occurrence Limit Personal & Advertising Injury Limit (any one person or organization) Medical Expense Limit (any one person) Damage to Premises Rented to You (any one premises) Legal Liability to Participants - per occurrence Professional Liability - per wrongful act $5,000,000 per owned location $1,000,000 $1,000,000 $1,000,000 $ 5,000 $ 300,000 $ 150,000 $1,000,000 $1,000,000 $5,000,000 per owned location $1,000,000 $1,000,000 $1,000,000 $ 5,000 $ 300,000 $5,000,000 $1,000,000 $1,000,000 $1,000,000 $ 5,000 $ 300,000 $1,000,000 $1,000,000 Abuse. Molestation, Harassment or Sexual Conduct Defense Cost Reimbursement Coverage - Optional Coverage: Defense Cost Reimbursement $ 100,000 Sexual Abuse or Sexual Molestation Liability — Limits of Insurance - Optional Coverage: Each Occurrence Limit $1,000,000 Aggregate Limit $1,000,000 Schedule 2 SRPG17348 12/02 LIABILITY SCHEDULE AND PREMIUM RECAP POLICY NUMBER: 6BMAS0000005394100 LOC. NO * DESCRIPTION SUBLINE - CLASS CODE 347 40066 Athletic Programs — Other than not-for-profit Amateur Gymnastics, Tumbling, Cheerleading & Dance 347 40067 Athletic Programs — Not-for-profit Amateur Gymnastics, Tumbling, Cheerleading & Dance 347 40066 Athletic Programs 40067 Amateur Gymnastics, Tumbling, Cheerleading & Dance Ages 4 & Under ** 347 40066 Athletic Programs 40067 Amateur Gymnastics, Tumbling, Cheerleading & Dance Ages 5 & 6 ** 347 40066 Athletic Programs 40067 Amateur Gymnastics, Tumbling, Cheerleading & Dance Ages 7-12 ** 347 40066 Athletic Programs 40067 Amateur Gymnastics, Tumbling, Cheerleading & Dance Ages 13 & Over ** ** Minimum Premium = $1,000 (excluding optional coverages) 347 40066 Athletic Programs 40067 Non -registered member activity coverage (optional coverage) (except Martial Arts and Camps/Clinics) 347 40066 Athletic Programs 40067 Martial Arts Activities (optional coverage) 347 40066 Athletic Prograrns 40067 Camps or Clinics (optional coverage) 347 40066 Athletic Programs 40067 Birthday/Social Parties (optional coverage) *SUBLINE KEY 332 Liquor Liability 334 Premises/Operations 335 Owners/Contractors Protective or Principals Protective 336 Products/Completed Operations 350 - Pollution Liability 345 - Other Composite Rated/Premises/Operations ONLY 346 - Other Composite Rated/Product/Completed Operations ONLY 347 Other Composite Rated - BOTH Premises/Operations AND Product/Completed Operations or type in subline **PREMIUM BASE ACT. EXPOSURE U per student / member U per student / member U per student / member U per student/ member RATES PREMIUMS *as on file As submitted *as on file As submitted *as on file As submitted *as on file As submitted U per participant *as on file As submitted U per participant U per participant U per party *as on file *as on file *as on file TOTAL PREMIUMS **PREMIUM/EXPOSURE BASE KEY A - Area (per 1,000 square feet) C Total Cost (per $1,000) E Admissions (per head) M Admissions (per 1,000) P Payroll (per $1,000) R Receipts (per $100) S Gross Sales (per $1,000) U Units (per unit) or type in base As submitted As submitted As submitted (continued) SRPG17486 12/02 LIABILITY SCHEDULE AND PREMIUM RECAP POLICY NUMBER: 6BMAS0000005394100 LOC. NO * DESCRIPTION SUBLINE - CLASS CODE 347 40066 Athletic Programs 40067 Hosted Meet, Competition or Event (optional coverage) 1 day 347 40066 Athletic Programs 40067 Hosted Meet, Competition or Event (optional coverage) 2 or 3 days 347 40066 Athletic Programs 40067 Hosted Meet, Competition or Event (optional coverage) 4-7 days 347 48925 Swimming Pools (optional coverage) 334 40066 Schools - $100,000 40067 Abuse, Molestation, Harassment, or Sexual Conduct Defense Costs Reimbursement (optional coverage) 334 40066 Schools - $1,000,000 40067 Sexual Abuse or Sexual Molestation Liability (optional coverage) *as on file with the company *SUBLINE KEY 332 - Liquor Liability 334 - Premises/Operations 335 - Owners/Contractors Protective or Principals Protective 336 Products/Completed Operations 350 Pollution Liability 345 Other Composite Rated/Premises/Operations ONLY 346 Other Composite Rated/Product/Completed Operations ONLY 347 Other Composite Rated - BOTH Premises/Operations AND Product/Completed Operations or type in subline **PREMIUM BASE ACT. EXPOSURE U per non -rostered participant U per non -rostered participant U per non -rostered participant U per pool U per enrolled member U per student / participant / party RATES PREMIUMS *as on file As submitted *as on file As submitted *as on file As submitted *as on file As submitted *as on file As submitted *as on file As submitted TOTAL PREMIUMS **PREMIUM/EXPOSURE BASE KEY A - Area (per 1,000 square feet) C Total Cost (per $1,000) E Admissions (per head) M Admissions (per 1,000) P Payroll (per $1,000) R Receipts (per $100) S Gross Sales (per $1,000) U Units (per unit) or type in base As submitted SRPG17486 12/02 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY CG 00 01 12 04 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V —Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. 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 Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in 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 for under Supplementary Payments — Coverages A and B. CG 00 01 12 04 b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. (3) © ISO Properties, Inc., 2003 Page 1 of 15 e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the 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 or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. CG 00 01 12 04 c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". © ISO Properties, Inc., 2003 Page 2 of 15 f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (c) CG 00 01 12 04 (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". © ISO Properties, Inc., 2003 Page 3 of 15 9. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 4 of 15 (5) That particular part of real property on which you 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 (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 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 exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out 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 or agreement in accordance with 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 work" after it has been put to its intended use. CG 00 01 12 04 n. Recall Of Products, Work Or Impaired Property Damages claimed for any Toss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury 'Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, Toss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and © ISO Properties, Inc., 2003 Page 5 of 15 (2) Our right and duty to defend end when we have used up the applicable limit of insurance in 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 for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". CG 00 01 12 04 g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". L Infringement Of Copyright, Patent, Trademark Or Trade Secret j• "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web- sites for others; or An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. (3) 1. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. © ISO Properties, Inc., 2003 Page 6 of 15 m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. COVERAGE C MEDICAL PAYMENTS (3) 1. Insuring Agreement 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 within one year of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. CG 00 01 12 04 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. b. Any Insured To any insured, except "volunteer workers". Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B g. 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. ISO Properties, Inc., 2003 Page 7 of 15 c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. VVe do not have to furnish these bonds. d. 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 $250 a day because of time off from work. e. All costs taxed against the insured in the "suit". f. Prejudgment interest awarded against the insured on that part of the judgment we pay. 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. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance, These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; CG 00 01 12 04 (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II m WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a 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. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. © ISO Properties, Inc., 2003 Page 8 of 15 d. An organization other than a partnership, joint venture or limited liability company, 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. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business, However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (c) CG 00 01 12 04 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization 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 the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. 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 Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain 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 only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". © ISO Properties, Inc., 2003 Page 9 of 15 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the 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 all "personal and advertising injury" sustained by any one person or organization. 5. 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 Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one 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 preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. CG 00 01 12 04 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" 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. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's 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 No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or © ISO Properties, Inc., 2003 Page 10 of 15 b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If 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 as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work' (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. CG 00 01 12 04 When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit 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 and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. 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. 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. © ISO Properties, Inc., 2003 Page 11 of 15 6. Representations By accepting this policy, you agree: 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 Insureds Except with respect to the Limits of Insurance, and any rights 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 is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a web -site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or CG 00 01 12 04 b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known 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 © ISO Properties, Inc., 2003 Page 12 of 15 b. Your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 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 indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. (3) CG 00 01 12 04 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto ars aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": © ISO Properties, Inc., 2003 Page 13 of 15 (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. g. CG 00 01 12 04 16. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away 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. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) 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 is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (3) © ISO Properties, Inc., 2003 Page 14 of 15 b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions, 20. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. CG 00 01 12 04 21. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. © ISO Properties, Inc., 2003 Page 15 of 15 POLICY NUMBER: 6BMAS0000005394100 ASBESTOS LIABILITY EXCLUSION The following exclusion is added: "This insurance does not apply to bodily injury, property damage, personal injury or advertising injury arising out of asbestos or goods containing asbestos or real property containing asbestos. This exclusion applies whether the bodily injury, property damage, personal injury or advertising injury is caused solely by asbestos or goods containing asbestos or real property containing asbestos, or is caused by other means in conjunction or separately with asbestos or goods containing asbestos or real property containing asbestos." CAS3880 (08/97) POLICY NUMBER: 6BMAS0000005394100 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART BUSINESSOWNERS POLICY CONTRACTORS POLICY FARM COVERAGE PART SCHOOL DISTRICT LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY BUSINESS PROVIDER POLICY PROFESSIONAL LIABILITY POLICY NATIONWIDE RURAL ELECTRIC COMMERCIAL ACCOUNT POLICY This insurance does not apply to: 1. "Bodily Injury," "property damage," "personal injury," "advertising injury" or medical payments arising out of or relating to the exposure to lead or any claims from lead; including but not limited to the ingestion, inhalation or absorption of lead in any form. 2. Any loss, cost or expense rising 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; or 3. Any loss, cost or expenses arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to, or assessing the effects of lead. For purposes of this endorsement, lead means lead and lead compounds in any form. CAS4487 (06/93) POLICY NUMBER: 6BMAS0000005394100 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is a summary of the Limits of Insurance and coverage provided by this endorsement. These coverages apply separately to each of your premises described in the Declarations. If you purchase additional limits for any of these coverages at a specified location, the limits shown below will apply in excess of the insurance purchased separately. We will not pay more under this endorsement than the Limits of Insurance shown below under the Summary of Additional Coverages. LIMITS OF INSURANCE $ 300,000 per occurrence $ 25,000 $ 25,000 $ 50,000 $ 2,500 $ 2,500 $ 500 per day $ 25,000 $ 25,000 $ 25,000 Summary of Additional Coverages SUBJECTS OF INSURANCE Damage to Premises Rented to You Emergency Real Estate Consultant Fee Identity Theft Exposure Key Individual Replacement Cost Lease Cancellation Moving Expense Supplementary Payments—Bail Bonds Supplementary Payments—Loss of Earnings Temporary Meeting Space Terrorism Travel Reimbursement Workplace Violence Counseling I. The Commercial General Liability Coverage Part is amended as follows: A. The following replaces SECTION !— COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, a.: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage resulting from the use of reasonable force to protect persons or property. B. The following replaces SECTION I—COVER AGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, g.(2): (2) A watercraft you do not own that is: (a) Less than fifty-eight (58) feet long; and (b) Not being used to carry persons or property for a charge; C. The following replaces SECTION I—COVER AGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions, b. and c.: SRPG115 Page 1 of 4 01/2012 b. Material Published With Knowledge of Falsity "Personal and advertising injury" arising out of publication of material, including, but not limited to, oral, written, televised, videotaped or electronically transmitted publication of material, if done at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of publication of material, including, but not limited to, oral, written, televised, videotaped or electronically transmitted publication of material, whose first publication took place before the beginning of the policy period; D. The following replaces SUPPLEMENTARY PAYMENTS—COVERAGES A. and B., 1.b. and d.: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. 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 $500 a day because of time off from work. E. The following replaces SECTION II—WHO IS AN INSURED, 3.a.: a. Coverage under this provision is afforded only until the one hundred eightieth (180th) day after you acquire or form the organization or the end of the policy period, whichever is earlier. F. The following are added to SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties In The Event of Occurrence, Offense, Claim or Suit: e. Knowledge of the "occurrence," offense, claim or "suit" by the agent, servant, or "employee" of an insured shall not in itself constitute your knowledge unless one of your officers, manager or partners has received notice of the "occurrence," offense, claim or "suit." f. Failure by the agent, servant or "employee" of an insured (other than an officer, manager or partner) to notify us of an "occurrence" shall not constitute a failure to comply with Items a. and b. of this condition. G. The following are added to SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS: 10. Unintentional Error or Omission Any unintentional error or omission in the description of or failure to completely describe, any premises or operations intended to be covered by this Coverage Part will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. 11. Waiver of Right of Recovery We waive all rights of recovery when you have agreed to waive your rights of recovery when required by a written contract. However, this provision only applies if the written contract was executed prior to the date of the "occurrence." H. The following replaces SECTION V— DEFINITIONS, 3. and 14: 3. "Bodily Injury" means bodily injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright, humiliation, emotional distress or death resulting from bodily injury, sickness or disease. 14. "Personal and advertising injury" means injury, including consequential "bodily injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; Malicious prosecution process; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; b. or abuse of SRPG115 Page 2 of 4 01/2012 d. Any publication of material including, but not limited to oral, written, televised, videotaped or electronically transmitted publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Any publication of material, including but not limited to oral, written, televised, videotaped or electronically transmitted publication of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or Infringing upon another's copyright, trade dress or slogan in your "advertisement." I. Broadened Coverage—Damage to Premises Rented to You 9. 1. The word fire is replaced with the phrase fire, lightning, explosion, smoke and Teaks from sprinklers where it appears in: a. SECTION 1, Coverage A., 2. Exclusions, j. Damage to Property; b. SECTION 1, Coverage A., 2. Exclusions, last paragraph; c. SECTION III, Limits of Insurance, Item 6.; d. SECTION IV, Conditions, 4. Other Insurance, Item b.(1)(b). 2. The limit of Insurance applicable to Damage to Premises Rented to You is $300,000 unless a higher limit is specified on the Declarations. II. The following are Additional Coverages: Emergency Real Estate Consultant Fee ($25,000 Aggregate) We will reimburse you up to $25,000 in any one policy year for any realtor's fee or real estate consultant's fee required by the Named Insured's need to relocate due to the imminent danger of loss of life or harm to occupants of the Named Insured's premises scheduled on the Declarations. Identity Theft Expense (1) Coverage We will pay for reimbursement of any present director or officer of the Named Insured for expenses incurred as the direct result of any "Identity Theft" occurring, discovered and reported during the policy period. (2) Limit of Insurance We will pay up to $25,000 as a Limit of Insurance under this Additional Coverage—Identity Theft Expense. "Identity Theft" means the act of knowingly transferring or using, without lawful authorization, the identity of any officer or director of the Named Insured with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. (3) (4) "Identity Theft Expenses" means: (a) Costs of notarizing documents required by financial institution or similar creditors as testaments to fraud. (b) Costs for certified mail to law enforcement agencies, credit agencies, financial institutions or similar creditors. (c) Loan application fees for reapplying for loan(s) when the original application is rejected solely because of incorrect credit information. Key Individual Replacement Expenses We will pay up to $50,000 as a Limit of Insurance per policy year under this Additional Coverage— Key Individual Replacement Expenses for expenses incurred by the Named Insured to replace the Chief Executive Officer or Executive Director if that officer or director suffers an injury during the policy period which results in the Toss of life during the policy period. "Key Individual Replacement Expenses" means: (1) Costs of advertising the employment position opening; (2) Travel, lodging, meal and entertainment expenses incurred in interviewing job applicants for the employment position opening; and SRPG115 Page 3 of 4 01/2012 (3) Miscellaneous extra expenses incurred in finding, interviewing and negotiating with the job applicants, including, but not limited to, overtime pay, costs to verify the background and references of the applicants and legal expenses incurred to draw up employment contracts. Lease Cancellation Moving Expenses We will reimburse the Named Insured up to $2,500 for moving expenses incurred when moving is made necessary by the cancellation of a lease at premises occupied by the Named Insured and described in the Declarations. Temporary Meeting Space We will reimburse you up to $25,000 as a Limit of Insurance in any one policy year under this Additional Coverage—Temporary Meeting Space for expenses incurred due to the temporary unavailability of the Named Insured's primary office space due to the failure of a climate control system, or leakage of a hot water heater during the policy period. Expenses will be reimbursed only for the rental of temporary meeting space required for meeting with parties who are not insured under this Policy. No deductible applies to this Additional Coverage—Temporary Meeting Space. Terrorism Travel Reimbursement We will reimburse you up to $25,000 as a Limit of Insurance in any one policy year for "Emergency Travel Expenses" incurred by a director or officer of the Named Insured due to the occurrence of a "Certified Act of Terrorism." "Emergency Travel Expenses" are additional travel expenses incurred to reschedule comparable transport due to the cancellation of scheduled transport within forty-eight (48) hours of a "Certified 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 State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in that Act for a "Certified Act of Terrorism" include the following: a. the act resulted in aggregate losses in excess of $5 million; and b. the act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the Policy or affect the conduct of the United States Government by coercion. Workplace Violence Counseling We will reimburse you up to $25,000 as a Limit of Insurance in any one policy year under this Additional Coverage—Workplace Violence Counseling for expenses you incur for the counseling of employees of the Named Insured when that counseling is necessary due to an incident of "Workplace Violence." "Workplace Violence" means the intentional use of, or threat to use deadly force by any person with the intent to cause harm and that results in bodily injury or death of a person while on the Named Insured's premises. SRPG115 Page 4 of 4 01/2012 POLICY NUMBER: 6BMAS0000005394100 ABUSE, MOLESTATION, HARASSMENT OR SEXUAL CONDUCT DEFENSE COSTS REIMBURSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This insurance does not apply to: (a) The actual, threatened, or alleged abuse, molestation, harassment or sexual conduct by anyone of any person in your care, custody and control; or (b) The negligent: fl Employment; Ll Investigation; (iii) Supervision, hiring or training; (iv) Reporting to the proper authorities, or failure to so report, (v) Retention; or (vi) Referral of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by (a) above. This endorsement does not change any other provision of this policy. Notwithstanding the foregoing, the Company will reimburse you for "defense costs" incurred by you which result from a claim subject to (a) and (b) above. We have no obligation or duty to defend against any claim arising out of (a) and (b) above. In order to be reimbursed for your "defense costs" you must: a. See to it that we receive written notice of the claim or "suit" as soon as practicable; and b. Submit your "defense costs" for reimbursement with sufficient detail to verify compliance with the definition of "defense costs." The most we will reimburse you for "defense costs" is $100,000. "Defense costs" are defined as all reasonable fees and expenses including cost of litigation, and claim investigation or legal expenses, resulting from the investigation, adjustment, defense, or appeal of a claim or potential claim, incurred by you. In addition, we will reimburse all reasonable costs that you incur, including up to $250 per day for actual loss of earnings for up to a maximum of 20 days. "Defense costs" do not include: a. Prejudgment and postjudgment interest on any judgment. b. Any obligation to apply for, furnish or provide collateral for any appeal bonds or bonds to release property that are being used to secure a legal obligation. c. Any fees and expenses incurred by you prior to the date any claim is first reported to us in writing. Premium charge for this endorsement: $100.00 per enrolled member SRPG2146 Page 1 of 1 09/08 POLICY NUMBER: 6BMAS0000005394100 INTERLINE IL 12 01 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER 6BMAS0000005394100 POLICY CHANGES Policy Change Number 1 POLICY CHANGES EFFECTIVE COMPANY 04/01/13 Nationwide Mutual Insurance Company NAMED INSURED Sports, Leisure and Entertainment RPG DBA: Gymnastics Schools/Clubs and/or Cheer Gyms COVERAGE PARTS AFFECTED AUTHORIZED REPRESENTATIVE K&K Insurance Group, Inc. COMMERCIAL GENERAL LIABILITY COVERAGE CHANGES Coverage provided by form SRPG2146, Abuse, Molestation, Harassment or Sexual Conduct Defense Costs Reimbursement endorsement or SRPG7086, Sexual Abuse or Sexual Molestation Liability, applies only when enrolled member applies and pays for the optional Abuse, Molestation, Harassment or Sexual Conduct Defense Costs Reimbursement coverage or Sexual Abuse or Sexual Molestation Liability coverage. Only one option, per enrolled member is available. Both options cannot be purchased by the same enrolled member. If this optional additional coverage is applied for, approved and paid for by the enrolled member, form SRPG8015, Abuse, Molestation, Harassment or Sexual Conduct Exclusion is removed for the enrolled member. IL 12 01 11 85 Authorized Representative Signature Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: 6BMAS0000005394100 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEXUAL ABUSE OR SEXUAL MOLESTATION LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 Except to the extent specifically provided within this endorsement, the coverage form to which this endorsement is attached does not apply to any claim or "suit" seeking damages arising out of any actual or threatened sexual abuse, sexual molestation, or any related breach of duty. SCHEDULE COVERAGES LIMITS OF INSURANCE Sexual Abuse or Sexual Molestation Liability $1,000,000 $1,000,000 ENDORSEMENT SECTION I - COVERAGES is amended by adding the following: COVERAGES - SEXUAL ABUSE OR SEXUAL MOLESTATION LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "loss" arising out of any actual or threatened sexual abuse or sexual molestation to which this endorsement applies. We have the right and duty to defend the insured against any "suit" seeking damages because of "loss" to which this endorsement applies. However, we have no duty under this endorsement to defend any insured against a "suit" seeking damages not covered by this endorsement. We may at our discretion investigate and settle any claim or "suit" that may result. But: (1) The amount we will pay as damages is limited as described in the Limits of Insurance section of the Schedule of this endorsement; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under this endorsement. No other obligation or liability to pay sums or perform acts or services is covered by this endorsement unless explicitly provided for under Supplementary Payments Coverages A and B. Each Occurrence Limit Aggregate Limit b. This insurance provided by this endorsement applies to "loss" only if: (1) The "loss" takes place in the "coverage territory", and (2) The "loss" takes place during the endorsement period. 2. Exclusions This coverage does not apply to: a. Any person who personally participated in, directed or knowingly allowed any actual or threatened act of sexual abuse, sexual molestation or sexual misconduct. b. The cost of defense of, or the cost of paying any penalties or fines for any person resulting from alleged or actual violation of any penal or criminal statute. c. Liability assumed by the insured under any contract or agreement. d. Any obligation of the insured under a Workers Compensation, disabilitybenefits or unemployment compensation law or any similar law. e. "Loss" to: (1) An "employee" arising out of and in the course of his or her employment or while performing duties related to the conduct of the insured's business; or SRPG7086 Page 1 of 5 01/12 (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies regardless of the relationship between the insured and any party described in this paragraph. f. The ownership, maintenance, operation, use, loading or unloading of any motor vehicle, trailer, semitrailer, watercraft or aircraft. Any "loss" arising out of any "employment-related practices". This exclusion applies: (1) Whether the insured may be liable as employer or in any other capacity; and (2) To the spouse, child, parent, brother or sister as a consequence of "loss" to that person at whom any of the "employment-related practices" is directed, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, except Paragraph 2., also applies to Coverage S. g. SECTION II — WHO IS AN INSURED is replaced by the following Coverage S. 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a 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. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, 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. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees, 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your mangers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for "loss": (1) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business; (2) To the spouse, child, parent, brother or sister of that co -"employee" as a consequence of Paragraph 1) above; For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) or (2) above; or 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain 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 only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage S does not apply to "loss" that took place before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. (3) SECTION III — LIMITS OF INSURANCE is replaced by the following for Coverage S. 1. The Limits of Insurance shown in the Schedule of this endorsement and the provisions below will determine the most we will pay regardless of: a. The number of acts of actual or threatened sexual abuse or sexual molestation; or b. Period of time over which such acts take place; or c. The number of policy periods or policy years over which such acts take place; or d. Number of persons acted upon. All damages, including but not limited to emotional distress or mental injury, arising out of all acts of SRPG7086 Page 2 of 5 01/12 actual or threatened sexual abuse or sexual molestation by one person, or by two or more persons acting together, and all breaches of duty giving rise to such acts will be considered one "loss". All such acts will be deemed to have taken place on the date the first "loss" arising out of sexual abuse or sexual molestation took place or is alleged to have taken place. 2. The Each Occurrence Limit of Insurance shown for Coverage S in the Schedule of this endorsement is the most we will pay for the sum of all damages because of "loss" arising out of sexual abuse or sexual molestation because of "loss" to which this endorsement applies. 3. The Each Occurrence Limit of Insurance shown for Coverage S in the Schedule of this endorsement: a. Is a part of and not in addition to the Each Occurrence Limit shown_ in the Declarations of the policy to which this endorsement is attached; and b. Is also subject to the Aggregate Limit for Coverage S which is also a part of and not in addition to the General Aggregate Limit shown in the Declarations of the policy to which this endorsement is attached. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following for Coverage S. 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this endorsement. 2. Duties In The Event Of Loss, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of a "loss" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "loss" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "loss" or offense. b. If a claim is made or "suit" 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. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit' (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's 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 No person or organization has a right under this endorsement: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this endorsement unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this endorsement or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this endorsement, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether SRPG7086 Page 3 of 5 01/12 primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Schedule of this endorsement. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this endorsement in accordance with our rules and rates. b. Premium shown in this endorsement as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. 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. 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; 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 Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this endorsement 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 is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this endorsement, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them, SRPG7086 Page 4 of 5 01/12 9. When We Do Not Renew If we decide not to renew this endorsement, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice, SECTION V - DEFINITIONS of the Commercial General Liability Coverage Form defines words and phrases appearing in quotation marks that are not otherwise defined in this endorsement, or amended for this endorsement as follows: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright, humiliation, emotional distress or death resulting from bodily injury, sickness or disease arising out of any actual or threatened sexual abuse or sexual molestation, 18. "Suit" means a civil proceeding in which damages because of "loss" to which this endorsement applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which you submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 23. "Loss" means: "bodily injury", "personal injury", or a "wrongful act" including continuous or repeated exposure to substantially the same general harmful conditions. 24. "Wrongful act" means: a. actual or alleged errors; b. misstatements or misleading statements; c. act omission or neglect; or d. breach of duty. 25. "Employment-related practices" means: a. refusal to employ an applicant; b. termination of an "employee"; or c. employment-related policies, acts or omissions such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at a former "employee", "employee", or applicant for employment. SRPG7086 Page 5 of 5 01/12 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE, MOLESTATION, HARASSMENT OR SEXUAL CONDUCT EXCLUSION This insurance does not apply to: (a) the actual, threatened or alleged abuse, molestation, harassment or sexual conduct by anyone of any person in your care, custody and control; or (b) the negligent: (i) employment, (ii) investigation; (iii) supervision, hiring or training; (iv) reporting to the proper authorities, or failure to so report; (v) retention; or (vi) referral of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by (a) above. This endorsement does not change any other provision of the policy. SRPG8015 09/08 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Description of Designated Operation(s): Events sanctioned by USA Gymnastics; Circus skills training; Climbing walls exceeding (10) feet in height with no safety harness system, unless reviewed and approved by the program administrator; High wires, ribbon/fabric performing devices or trapeze systems more than (5) feet from the ground without a safety harness; Programs involving professional medical or behavioral treatments or counseling; Swimming pools, saunas, steam rooms, jacuzzis, hot tubs, whirlpools or spas, unless reported, paid for, and approved by the program administrator; Child-care/babysitting services; Your operations as a sports complex or multi-purpose facility, except for those sport(s) and/or subsidiary activities / non- registered member activities you have reported, paid for, and that have been approved by the program administrator; Inflatable Recreational Device, unless reported to and approved by the program administrator; Trampoline parks/facilities; Martial Arts styles consisting of: boxing (contact/sparring), dim mak, haganah, kali/escrima, mixed martial arts, savate, sayoc kali, thai boxing/muay thai, training programs for law enforcement, public safety and military personnel, ultimate fighting/extreme fighting/extreme/cage fighting and wrestling; Dance programs/operations consisting of: ballroom rental facilities, banquet and reception halls, cabarets, dance halls, discotheques, nightclubs, production companies, professional dance companies and professional touring companies. Specified Location (If Applicable): This insurance does not apply to the operations described in the Schedule of this endorsement, regardless of whether such operations are conducted by you or on your behalf or whether the operations are conducted for yourself or for others. Unless a "location" is specified in the Schedule, this exclusion applies regardless of where such operations are conducted by you or on your behalf. If a specific "location" is designated in the Schedule of this endorsement, this exclusion applies only to the described operations conducted at that "location". For the purpose of this endorsement, "location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, water way or right-of-way of a railroad. SRPG26055 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1994. 09/08 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIREWORKS EXCLUSION This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This insurance does not apply to any loss, claim or "suit" arising out of fireworks. For purposes of this endorsement, fireworks means any display of explosive or burning devices, material, or pyrotechnics. SRPG26117 09/08 POLICY NUMBER: 6BMAS0000005394100 GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -- SPORTS/LEISURE/ENTERTAINMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This insurance does not apply to: Aircraft/Hot Air Balloon The ownership, operation, maintenance, use, loading, or unloading of any flying craft or vehicle, including, but not limited to, any aircraft, hot air balloon, glider, parachute, helicopter, missile or spacecraft. Airport The ownership, operation, maintenance or use of any airfield or airport facility or premises. Amusement Devices The ownership, operation, maintenance or use of: any mechanical or non-mechanical ride, slide, or water slide, any inflatable recreational device, any bungee operation or equipment, any vertical device or equipment used for climbing - either permanently affixed or temporarily erected, or dunk tank. Amusement devices do not include any video or computer games. Animals 1. Injury or death to any animal. 2. Injury, death or property damage caused by any animal owned, rented or hired by you. Haunted Attractions The ownership, operation, maintenance or use of any haunted attractions. Performer Injury or death to any performer or entertainer during any activity, event or exhibition including but not limited to any stunt, concert, show or theatrical event. Rodeo Any rodeo activity, including, but not limited to, bronco or bull riding, steer roping, team roping, barrel racing or horseback riding. Saddle Animal The ownership, operation, maintenance, use, loading or unloading of any saddle animal, including, but not limited to, riding on any saddle animal or riding on any vehicle which is drawn or powered by any animal. Snowmobile The ownership, operation, maintenance, use, loading or unloading of any snowmobile. SRPG26131 09/08 POLICY NUMBER: 6BMAS0000005394100 INTERLINE IL12011185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER 6BMAS0000005394100 POLICY CHANGES Policy Change Number 2 POLICY CHANGES EFFECTIVE COMPANY 04/01/13 Nationwide Mutual Insurance Company NAMED INSURED Sports, Leisure and Entertainment RPG DBA: Gymnastics Schools/Clubs and/or Cheer Gyms COVERAGE PARTS AFFECTED AUTHORIZED REPRESENTATIVE K&K Insurance Group, Inc. COMMERCIAL GENERAL LIABILITY COVERAGE CHANGES Form SRPG26131, Exclusion — Sports/Leisure/Entertainment, Amusement Devices & Performer, is amended as follows: Amusement Devices The ownership, operation, maintenance or use of: any mechanical or non-mechanical ride, slide, or water slide, any inflatable recreational device (unless reviewed and approved by company), any bungee operation or equipment, or dunk tank. Amusement devices do not include any video or computer games or any device that is specifically designed for the training or instruction of the activity for which you are enrolled. Performer Injury or death to any performer or entertainer during any activity, event or exhibition including but not limited to any stunt, concert, show or theatrical event. This exclusion does not apply to participants in any activity, event or exhibition that are part of the designated operations for which you are enrolled. IL12011185 Authorized Representative Signature Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEGAL LIABILITY TO PARTICIPANTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Additional Exclusions. 1. SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, The following is added: q. Participants "Bodily Injury" to a "participant" B. SECTION 1— COVERAGES, The following is added: COVERAGE D - LIABILITY TO "PARTICIPANTS" 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" to any "participant". We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" to which this insurance does not apply. 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 Section C - Limits of Insurance in this endorsement: and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. b. This insurance applies to "bodily injury" only if: (1) The "bodily injury" is caused by an "occurrence" that takes place in the "coverage territory"; and (2) The "bodily injury" occurs during the policy period. 2. Exclusions. This insurance does not apply to: a. "Bodily injury" that is excluded under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions. Paragraphs a., b., c., d., e., f., g., h., i., and o. SUPPLEMENTARY PAYMENTS — COVERAGES A & B is amended to also apply to Coverage D. SRPG26143 Page 1 of 2 09/08 C. Limits of Insurance. i. SECTION III --LIMITS OF INSURANCE, The following is added: d. Damages under Coverage D. 2. The following is added to SECTION III --LIMITS OF INSURANCE: 8. Subject to 2. above, the Liability to Participants Limit shown in the Declarations is the most we will pay for the sum of all damages under Coverage D because of all "bodily injury" to "participants" arising out of any one "occurrence". D. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended to apply to Coverage D also. D. SECTION V — DEFINITIONS, The following is added: a. "Participant" means a person practicing, instructing or participating in any physical exercises or games, sports, or athletic contests or any person engaged in the activities of your day camp operations. SRPG26143 Page 2 of 2 09/08 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The Limits of Insurance shown in the Declarations Page, or wherever they may appear, apply separately to each enrolled member. The Limits of Insurance do not apply separately to the following: The individual persons, subsidiaries, affiliates or other entities that are a part of the enrolled member. If more than one policy or certificate, issued to the same enrolled member, could apply to the same occurrence the most we will pay for that occurrence is the highest limit of liability and aggregate limit of liability on any one policy or certificate issued to that enrolled member. SRPG26147CG 09/08 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES, ACTIVITIES OR OPERATIONS This endorsement modifies insurance provided under the following: ALL LIABILITY COVERAGES This insurance applies only to: 1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises; or 2. The activities or operations shown in the Schedule. SCHEDULE Premises: Activities or Operations: Your covered operations consist of premises, operations and activities involving registered participants for those sport(s) and/or activity(s) under your direct supervision or organized by you and which you have reported, paid for and approved by the company along with any ancillary event or activity held directly with that sport(s) or activity(s) at your location(s) or at approved off-site locations on your behalf. If reported, approved and the applicable premium has been paid, covered operations include birthday/social party(s) supervised by you and related to the above described operations and activities. If reported, approved and the applicable premium has been paid, covered operations also include hosted meets, competitions or events supervised and organized by you in which both registered and non -registered participants participate. Schedule 1 SRPG26154 09/08 POLICY NUMBER: 6BMAS0000005394100 INTERLINE IL 12 01 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER 6BMAS0000005394100 POLICY CHANGES Policy Change Number 4 POLICY CHANGES EFFECTIVE COMPANY 04/01/13 Nationwide Mutual Insurance Company NAMED INSURED Sports, Leisure and Entertainment RPG DBA: Gymnastics Schools/Clubs and/or Cheer Gyms COVERAGE PARTS AFFECTED ALL LIABILITY COVERAGES CHANGES AUTHORIZED REPRESENTATIVE K&K Insurance Group, Inc. Coverage provided by form SRPG26154, Schedule 2, Limitation of Coverage to Designated Premises, Activities or Operations, applies only when a member enrolls, is accepted, and pays for the optional premises liability for pools, SRPG26154, Schedule 1, still applies when SRPG26154, Schedule 2, is applied for and accepted. IL12011185 Authorized Representative Signature Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: 6BMAS0000005354100 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES, ACTIVITIES OR OPERATIONS This endorsement modifies insurance provided under the following: ALL LIABILITY COVERAGES This insurance applies only to: 1 The ownership, maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises; or 2. The activities or operations shown in the Schedule. SCHEDULE Premises: Swimming pool premises - As reported and on file with the company Schedule 2 Activities or Operations: SRPG26154 09/08 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEDICAL PAYMENTS FOR PARTICIPANTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Additional Insuring Agreement The following is added to SECTION 1 - COVERAGES: COVERAGE E - MEDICAL PAYMENTS FOR "PARTICIPANTS" 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" to a "participant' caused by an accident provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred within 104 weeks of the date of the accident; and (3) The injured "participant" submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions a. This insurance does not apply to "bodily injury" that is excluded under SECTION I — COVERAGES, COVERAGE A., 2. Exclusions a. b. c. d. e. f. g. h. i. and o. b. This insurance does not apply to expenses for "bodily injury" that is excluded under SECTION I — COVERAGES, COVERAGE C., 2. Exclusions a. b. c. d. f. and g. B. Limits of Insurance 1. SECTION III - LIMITS OF INSURANCE, 2. the following is added: e. Medical expenses under Coverage E. 2„ Subject to 2. above, the Medical Payments for "Participants" Limit shown in the Declarations is the most we will pay under Coverage E for all medical expenses because of "bodily injury" sustained by any one "participant". C. Conditions With respect to Coverage E only, the following is added to SECTION IV, COMMERCIAL GENERAL LIABILITY, CONDITION 4. Other Insurance, b. Excess Insurance (1): (e.) Any insurance which provides coverage for medical expenses including any ERISA governed plan. SRPG26503 Includes copyrighted material of 09/08 Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright, Insurance Services Office, Inc., 1998. D. Definitions For purposes of this endorsement only: 1. "Participant" means: a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. Participant does not include any compensated member of your staff, including employees or independent contractors. E. Deductible Our obligation under Coverage E o Medical Payments for Participants to pay medical expenses on your behalf applies only to amount of expenses in excess of any deductible amount stated in the Declarations Covered medical expenses paid or payable under any other insurance policy or plan: V-1 -will reduce the deductible amount; or L__1 -will not reduce the deductible amount. SRPG26503 Includes copyrighted material of 09/08 Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1998. POLICY NUMBER: 6BMAS0000005394100 INTERLINE IL12011185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER 6BMAS0000005394100 POLICY CHANGES Policy Change Number 3 POLICY CHANGES EFFECTIVE COMPANY 04/01/13 Nationwide Mutual Insurance Company NAMED INSURED Sports, Leisure and Entertainment RPG DBA: Gymnastics Schools/Clubs and/or Cheer Gyms COVERAGE PARTS AFFECTED AUTHORIZED REPRESENTATIVE K&K Insurance Group, Inc. COMMERCIAL. GENERAL LIABILITY COVERAGE CHANGES Coverage provided by form SRPG26503, Medical Payments for Participants, does not extend to non -registered participants taking part in the enrolled member's hosted meets, competitions, or events. IL 12 01 11 85 Authorized Representative Signature Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: 6BMAS0000005394100 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PROFESSIONAL LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Insurance does not apply to Professional Liability under the COMMERCIAL GENERAL LIABILITY COVERAGE PART except as provided in Coverage G B. The following is added to SECTION I — COVERAGES: COVERAGE G — PROFESSIONAL LIABILITY 1. INSURING AGREEMENT a. We will pay those sums that the insured becomes legally obligated to pay as damages because of a "wrongful act" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "wrongful acts" to which this insurance does not apply. We may, at our discretion, investigate any "wrongful act" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage G. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies only if: (1) The "wrongful act" takes place within the "coverage territory" and during the policy period; and (2) The "wrongful act" occurs during the course and scope of duties by or on behalf of the named insured. 2. EXCLUSIONS This insurance does not apply to: a. "Bodily injury" and "property damage" that is excluded under SECTION I - COVERAGES, COVERAGE A, 2. Exclusions, Paragraphs a., c., e., g., i., and o. b. Any liability arising out of advising, providing or selling any type of dietary supplements, diet plans, dieting information, weight reduction plans or information, or prescription medications, including but not limited to, herbs, dietary pills, energy supplements, steroids, human growth hormones, or weight loss or gain substances. c. Any liability arising out of providing or failing to provide professional health care services. d. Any liability arising out of any dishonest, fraudulent or criminal act committed by any insured. e. Any liability of others assumed by any insured under any contract or agreement. f. Any claim or "suit" arising out of improper or inappropriate fees, dues or charges for the insured's services or membership. g. Any non -compensatory amounts, including but not limited to, punitive, exemplary or multiplication of damages, fines, taxes or penalties, in whatever form assessed. h. (1) Any injury, "damages" or loss which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time; or SRPG26583 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1998. 09/08 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authority for any damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants." i. Any claim or "suit" that arises out of alleged violations of any law that prohibits the monopolization or unlawful restraint of trade, business or profession. j. Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. k. Any liability caused by, resulting from, or arising out of or in any way related to asbestos or lead. I. Any liability to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, supervision, training, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. 3. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended to also apply to Coverage G C. For purposes of this endorsement, the following replaces SECTION II - WHO IS AN INSURED: SECTION II - WHO IS AN INSURED 1. If you are an individual, you. 2. If you are an organization other than an individual, any individual conducting covered activities or operations on behalf of the named insured. D. SECTION III, LIMITS OF INSURANCE, Item 2., the following is added: 2.d. Damages under Coverage G. E. For purposes of this endorsement, the following is added to SECTION III - LIMITS OF INSURANCE: 8. Subject to 2. above, the Coverage G Limit of Insurance -Per Wrongful Act limit shown in the Declarations is the most we will pay under Coverage G because of all damages arising out of any one "wrongful act", F. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended to apply to Coverage G also. G. For purposes of this endorsement, the following are added to SECTION V — DEFINITIONS: 1. "Wrongful act" means any negligent act, negligent error, negligent omission, or negligent breach of duty in the discharge of covered activities or operations of the named insured. Any negligent act, negligent error, negligent omission, or negligent breach of duty arising out of the same or related facts, circumstances, situations, transactions or events shall be deemed as arising out of the same "wrongful act". SRPG26583 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1998. 09/08 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY CG 01 23 03 97 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. INDIANA CHANGES - POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph f., Pollution of Paragraph 2., Exclusions of Bodily Injury And Property Damage Liability Coverage (Section I — Coverages) and to Paragraph 2., Exclusions of Personal And Advertising Injury Liability Coverage (Section I — Coverages) or to any amendment to or replacement thereof: This Pollution Exclusion applies whether or not such irritant or contaminant has any function in your business, operations, premises, site or location. CG 01 23 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): As requested and endorsed 2. Name of Person or Organization (Additional Insured): As requested and endorsed 3. Additional Premium: None (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) As requested and endorsed. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your CG 20 26 07 04 acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY CG 20200704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) As requested and endorsed. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). CG 20 28 07 04 B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY CG 20 35 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - GRANTOR OF LICENSES - AUTOMATIC STATUS WHEN REQUIRED BY LICENSOR This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II — Who Is An Insured is amended to include as an insured any person(s) or organization(s) that grants licenses to you when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be named as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to their liability as grantor of licenses to you. A person(s) or organization(s) status as an additional insured under this endorsement ends when: 1. The license granted to you by such person(s) or organization(s) expires; or 2. Your license is terminated or revoked by such person(s) or organization(s) prior to expiration of the license as stipulated by the contract or agreement. CG 20 35 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY CG 21 47 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21 47 07 98 B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY CG 21 67 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption. CG 21 67 12 04 B. The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Personal and advertising injury" which would not have taken place, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury. b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. C. The following definition is added to the Definitions Section: "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. © ISO Properties, Inc., 2003 Page 1 of 1 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY CG 21 70 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. CG 21 70 01 08 "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. © ISO Properties, Inc., 2007 Page 1 of 1 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): Each owned location of enrolled member on file with the company. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to operations at a single designated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; CG 25 04 05 09 b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. © Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section 1 — Coverage A, and for all medical expenses caused by accidents under Section 1 — Coverage C, which cannot be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. CG 25 04 05 09 C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section 111 — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. © Insurance Services Office, Inc., 2008 Page 2 of 2 n"ryta il'J is �� Policy Number: 6BMAS0000005394100 ITEM ONE - NAMED INSURED AND ADDRESS Sports, Leisure and Entertainment RPG DBA: Gymnastics Schools/Clubs and/or Cheer Gyms 1712 Magnavox Way Fort Wayne, IN 46804 Hired Auto and Employers' Nonownership Liability Coverage Declarations FORM OF BUSINESS: I 1 Corporation Partnership Individual Limited Liability Company I2 J Other ITEM TWO - SCHEDULE OF COVERAGE This insurance provides only those coverages where the box next to the coverage is marked and a premium is charged. The limit of liability shown is the most we will pay for any one "accident". COVERAGES X Hired "Auto" Liability X Employer's Nonownership Liability LIMIT OF LIABILITY See SRPG17348-3 See SRPG17348-3 CLASS CODE 6619 ENDORSEMENTS ATTACHED TO THIS COVERAGE SRPG17348(12/02) SRPG17865YS(09/04) RATES ESTIMATED COST OF EACH HIRE/STATE $100 COST OF HIRE If any / various Total number of employees 0-25 PREMIUM FOR ENDORSEMENTS ESTIMATED TOTAL PREMIUM SRPG26147NOHA(09/08) LIABILITY PREMIUM INCLUDED INCLUDED INCLUDED SRPG 17864 Copyright, Insurance Services Office, Inc., 1985 12/02 POLICY NUMBER: 6BMAS0000005394100 DECLARATIONS EXTENSION This coverage does not apply in the state of Hawaii. As respects form SRPG17864, Hired Auto and Employers' Nonownership Liability Coverage Declarations, the following limits apply under the Gymnastics Schools/Clubs and/or Cheer Gyms program. Limits of Insurance for Gymnastics Schools/Clubs and/or Cheer Gyms: Option 1: $1,000,000 - Hired "Auto" Liability $1,000,000 - Employers' Nonownership Liability per "Accident" Schedule 3 SRPG17348 12/02 POLICY NUMBER: 6BMAS0000005394100 Hired Auto and Employers' Nonownership Liability Coverage Part Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the named insured shown in the declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section IV - Definitions. SECTION I - COVERED AUTOS Item Two of the declarations shows the type of "autos" that are covered "autos". If the applicable box is marked and a premium is shown for the coverage, the following types of "autos" are covered "autos". DESCRIPTION OF COVERED AUTOS HIRED "AUTOS". Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent A. COVERAGE or borrow from any of your employees or partners or members of their households. NONOWNED "AUTOS". Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your employees or partners or members of their households but only while used in your business or your personal affairs. SECTION II - LIABILITY COVERAGE We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which that insurance applies, caused by an "accident" and resulting from the ownership, maintenance, or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend "suits" for "bodily injury" or "property damage" or a "covered pollution cost or expense" not covered by this Coverage form. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. WHO IS AN INSURED The following are "insureds": a. You for any covered "auto". b. Member associations and their clubs, leagues, teams, employees, volunteers, executive officers, SRPG 17865YS directors, stockholders therein, but only while the "auto" is being used in the business of the named insured with permission except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". (2) Your employee if the covered "auto" is owned by that employee or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing or parking "autos" unless that business is yours. (4) Anyone other than your employees, partners, a lessee or borrower or any of their employees, while moving property to or from a covered "auto". (5) A partner of yours for a covered "auto" owned by him or her or a member of his or her household. (6) "Participants", parents, managers, coaches, umpires, officials, referees, of the insured or volunteers using any "auto" (personally owned, leased, borrowed or employer furnished) in the transportation of youth and adult "participants" to and from athletic games or athletic events, including but not limited to practices, exhibitions, post season, scheduled events or any non -athletic event. 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1990 09/04 c. Anyone liable for the conduct of an "insured" described above, but only to the extent of that liability. 2. COVERAGE EXTENSIONS a. Supplementary Payments. In additional to the Limit of Insurance, we will pay for the "insured": b. (1) (2) (3) All expenses we incur. Up to $250 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. The cost of bonds to release attachments in any "suit" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $100 a day because of time off from work. (5) All costs taxed against the "insured" in any "suit" we defend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" we defend; but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. Out of State Coverage Extensions. While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to meet the limit or limits specified by a compulsory or financial responsibility law in the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages such as no-fault, required of out of state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. EXCLUSIONS This insurance does not apply to any of the following: SRPG 17865YS 1. EXPECTED OR INTENDED INJURY "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". 2. CONTRACTUAL Liability assumed under any contract or agreement. This exclusion does not apply to liability for damages: a. assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract agreement; or b. that the "insured" would have in the absence of the contract or agreement. 3. WORKERS COMPENSATION Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers compensation, disability benefits or unemployment compensation law or any similar law. 4. EMPLOYEE INDEMNIFICATION AND EMPLOYERS' LIABILITY" "Bodily injury" to: a. an employee of the "insured" arising out of and in the course of employment by the "insured"; or b. the spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above. This exclusion applies: (1) whether the "insured" may be liable as an employer or in any other capacity; and (2) to any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic employees not entitled to workers compensation benefits or to liability assumed by the "insured" under an "insured contract". 5. FELLOW EMPLOYEE "Bodily injury" to any fellow employee of the "insured" arising out of and in the course of the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL "Property damage" to or "covered pollution cost or expense" involving property transported by the "insured" or in the "insured's care, custody, or control". But this exclusion does not apply to liability assumed under a sidetrack agreement. 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1990 09/04 7. HANDLING OF PROPERTY "Bodily injury" or "property damage" resulting from the handling of property: a. before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. after it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. MOVEMENT OF PROPERTY BY MECHANICAL DEVICE "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. OPERATIONS "Bodily injury" or "property damage" arising out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of "mobile equipment". 10. COMPLETED OPERATIONS "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. work or operations performed by you or on your behalf; and b. materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in paragraphs a. and b. above. 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 is otherwise complete, will be treated as completed. SRPG 17865YS 11. POLLUTION "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of "pollutants": a. that are, or that are contained in any property that is: 1. being transported or towed by, handled, or handled for movement into, onto or from the covered "auto"; 2. otherwise in the course of transit by or on behalf of the "insured"; or 3. being stored, disposed of, treated or processed in or upon the covered "auto"; b. before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. after the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic, or mechanical functioning of the covered "auto" or its parts, if: (1) the "pollutants" escape, seep, migrate, or are discharged, dispersed, or released directly from an "auto" part designed by its manufacturer to hold, store, receive, or dispose of such "pollutants"; and (2) the "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" not in or upon a covered "auto" if: (1) the "pollutants" or any property in which the "pollutants" are contained are upset, over -turned, or damaged as a result of the maintenance or use of a covered "auto"; and (2) the discharge, dispersal, seepage, migration, release, or escape of the "pollutants" is caused directly by such upset, overturn, or damage. 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1990 09/04 12. WAR "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. C. LIMIT OF INSURANCE Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for he total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage", and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". SECTION III o BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. LOSS CONDITIONS 1. DUTIES IN THE EVENT OF ACCIDENT, CLAIM OR SUIT a. In the event of "accident", claim or "suit" you must give us or our authorized representative prompt notice of the "accident". Include: (1) how, when and where the "accident" occurred; (2) the "insured's" name and address; and (3) to the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". Cooperate with us in the investigation, settlement or defense of the claim or "suit". (3) (4) Authorize us to obtain medical records or other pertinent information. Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. 2. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part until: a. There has been full compliance with all the terms of this Coverage Part; and b. We agree in writing that the "insured" has an (5) SRPG 17865YS obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. 3. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after the "accident" to impair them. B. GENERAL CONDITIONS 1. BANKRUPTCY Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Part. 2. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you at any time as it relates to this Coverage Part. It is also void if you or any other "insured", at any time, intentionally conceal or misrepresent a material fact concerning: a. b. c. d. this Coverage Part; the covered "auto"; your interest in the covered "auto"; or a claim under this Coverage Part. 3. LIBERALIZATION If we revise this Coverage Part to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. NO BENEFIT TO BAILEE We will not recognize any assignment or grant any coverage for the benefit of any person or organization 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1990 09/04 A. B. C. D. holding, storing or transporting property for a fee regardless of any other provision of this Coverage Part. 5. OTHER INSURANCE a. For any covered "auto" you don't own, the insurance provided by this Coverage Part is excess over any other collectible insurance. b. Regardless of the provisions of paragraph a. above, this Coverage Part's Liability Coverage is primary for any liability assumed under an "insured contract". c. When this Coverage Part and any other Coverage Part or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Part bears to the total of the limits of all the Coverage Parts and policies covering on the same basis. 6. PREMIUM AUDIT a. The estimated premium for this Coverage Part is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Part will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7, POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part, we cover "accidents" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; and d. Canada. We also cover "accidents" involving a covered "auto" while being transported between any of these places. 8. TWO OR MORE COVERAGE PARTS OR POLICIES ISSUED BY US If this Coverage Part and any other Coverage Part or policy issued to you by us or any company affiliated with us apply to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Parts or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Part or policy. This condition does not apply to any Coverage Part or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Part. SECTION IV — DEFINITIONS "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads but does not include "mobile equipment". "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these. "Covered pollution cost or expense" means any cost or expense arising out of: 1. any request, demand, or order; or 2. any claim or "suit" by or on behalf of a governmental authority demanding; that the "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". SRPG 17865YS "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of "pollutants": a. that are, or that are contained in any property that is: (1) being transported or towed by, handled, or handled for movement into, onto, or from the covered "auto"; (2) otherwise in the course of transit by or on behalf of the "insured"; or being stored, disposed of, treated or processed in or upon the covered "auto"; b. before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or (3) 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1990 09/04 c. after the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of, or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases, or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic, or mechanical functioning of the covered "auto" or of its parts, if: (1) the "pollutants" escape, seep, migrate, or are discharged, dispersed, or released directly from an "auto" part designed by its manufacturer to hold, store, receive, or dispose of such "pollutants"; and (2) the "bodily injury", "property damage", or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs 6.b. or 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" not in or upon a covered "auto" if: (1) the "pollutants" or any property in which the "pollutants" are contained are upset, overturned, or damaged as a result of the maintenance or use of a covered "auto"; and (2) the discharge, dispersal, seepage, migration, release, or escape of the "pollutants" is caused directly by such upset, overturn, or damage. E. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage part. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. F. "Insured contract" means: 1. a lease of premises; 2. a sidetrack agreement; 3. an easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad. 4. an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. that part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property SRPG 17865YS damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or 6. that part of any other contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your employees, of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your employees to pay for "property damage" to any "auto" rented or leased by you or any of your employees. An "insured contract" does not include that part of any contract or agreement: a. that indemnifies any person or organization for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass, or crossing; or b. that pertains to the loan, lease or rental of an "auto" to you or any of your employees, if the "auto" is loaned, leased, or rented with a driver; or c. that holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. G. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 1. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. vehicles maintained for use solely on or next to premises you own or rent; 3. vehicles that travel on crawler treads; 4. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. power cranes, shovels, loaders, diggers or drills; or b. road construction or resurfacing equipment such as graders, scrapers or rollers. 5. Vehicles not described in paragraphs 1, 2, 3 or 4 above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1990 09/04 b. cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in paragraphs 1, 2, 3 or 4 above maintained primarily for purposes other than the transportation of persons or cargo. However, self- propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. equipment designed primarily for: (1) snow removal; (2) road maintenance, but not construction or resurfacing; or (3) street cleaning; b. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and SRPG 17865YS c. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well servicing equipment. H. "Pollutants" means any solid, liquid, gaseous, or thermal irritants or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned, or reclaimed. "Property damage" means damage to or loss of use of tangible property. J. "Suit" means a civil proceeding in which damages because of "bodily injury" or "property damages" or "covered pollution cost or expense", to which this insurance is applies are alleged. "Suit' includes an arbitration proceeding alleging such damages or "covered pollution cost or expense" to which you must submit or submit with our consent. K. "Trailer" includes semi -trailer 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1990 09/04 POLICY NUMBER: 6BMAS0000005394100 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIMITS This endorsement modifies insurance provided under the following: HIRED AUTO AND EMPLOYERS' NONOWNERSHIP LIABILITY The Limits of Insurance shown in the Declarations Page, or wherever they may appear, apply separately to each enrolled member. The Limits of Insurance do not apply separately to the following: The individual persons, subsidiaries, affiliates or other entities that are a part of the enrolled member. If more than one policy or certificate, issued to the same enrolled member, could apply to the same occurrence the most we will pay for that occurrence is the highest limit of liability and aggregate limit of liability on any one policy or certificate issued to that enrolled member. SRPG26147NOHA 09/08