Item C47 C.47'
BOARD OF COUNTY COMMSSIONERS
County of Monroe f Mayor Heather Carruthers,District 3
h} ] Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys Craig Cates,District 1
=E �j David Rice,District 4
`w'P•=w Sylvia J.Murphy,District 5
County Commission Meeting
October 213, 2020
Agenda Item Number: C.47
Agenda Item Summary #7474
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510
N/A
AGENDA ITEM WORDING: Approval of Modification 96 to Federally Funded Subgrant
Weatherization Assistance Program (WAP) Agreement 17WX-OG-11-54-01-039 between the State
of Florida, Department of Economic Opportunity (DEO) and Monroe County Board of County
Commissioners/Monroe County Social Services to increase funding by $83,339.00, bringing the
total WAP allocation from $478,924.91 to $562,263.91 and to extend the contract period by one
year, for a contract period of 4/1/17 through 9/30/2021.
ITEM BACKGROUND: Weatherization Assistance Program (WAP) funds are utilized to perform
energy-saving repairs, and for the installation of energy-saving measures on income-qualified
residents who live in single-family dwellings. These funds are spent in accordance with the WAP
State Plan and the Local Housing Assistance Plan (LHAP) via a cost reimbursement contract. These
funds will be leveraged against State Housing Initiative Partnership (SHIP) funds to ensure the
maximum usage of dollars are applied to the most qualified residents countywide.
PREVIOUS RELEVANT BOCC ACTION: Approval on 4/15/2020 of Modification 9 5 to
Federally Funded Subgrant Weatherization Assistance Program (WAP) Agreement 17WX-OG-11-
54-01-039.
CONTRACT/AGREEMENT CHANGES:
Funding Increase and extension
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
WAP Mod-6
WAP mod 96 BACKUP
Monroe County WAP Insurance Policy 20-21
FINANCIAL IMPACT:
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Effective Date: 04/01/2017
Expiration Date: 09/30/2021
Total Dollar Value of Contract: $562,263.91
Total Cost to County: 10% cash match
Current Year Portion:
Budgeted:
Source of Funds: WAP Grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: 10% cash match
Insurance Required: Yes
Additional Details:
03/18/20 NEW COST CENTER ADDED $478,924.91
125-6155717
REVIEWED BY:
Sheryl Graham Completed 10/07/2020 2:40 PM
Pedro Mercado Completed 10/07/2020 3:03 PM
Purchasing Completed 10/07/2020 3:41 PM
Budget and Finance Completed 10/07/2020 5:21 PM
Maria Slavik Completed 10/07/2020 5:29 PM
Liz Yongue Completed 10/08/2020 8:27 AM
Board of County Commissioners Pending 10/21/2020 9:00 AM
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DocuSign Envelope ID:22E13D22-7830-44 5- 4S9-CA3D3F13FF 4
MODIFICATION NUMBEI TO AGREEMENT BETWEEN THE
FLORIDATMENT OF ECONOMIC OPPORTUNITY
WEATHERIZATION ASSISTANCE
FLORIDAAND
MONROE COUNTY,
CF A u er(s): 81.042,93.568 AgreementNumber: 17 X- G-11-54-01-09
FLAIR Contract Number: E1982
THIS MODIFICATIONNumber Six is entered into by the State of Florida,Department of Economic Opportunity,
with headquarters in Tallahassee, Florida, hereinafter referred to as " ," and Monroe County, Florida, hereinafter
referred to as "Subrecipient" (each individually a "Party" and collectively"the Parties").
WHEREAS,DEO and Subrecipient have entered into Agreement Number 17 -OG-11-54-01-039,as previously
amended, in which DEO awarded Subrecipient Four Hundred Seventyi Thousand Nine Hundred Twenty Four
Dollars i ey One Cents );an
WHEREAS,Paragraph( )of the Agreement provides that modification of the Agreement shall be in writing,o
0
D -approved forms,as applicable, and duly signed by the Parties thereto;and
WHEREAS, additional funds have become available to increase the amount of the funding granted to 0
Subrecipient. EL
THEREFORE, in consideration of the mutual promises oft the Parties contained herein,the Parties agree
to the following:
0
. Paragraph ( ) PERIOD OF AGREEMENT is hereby deleted in its entirety and replaced with the following:
EL
"The Agreement period begins on April 1, 2017,and ends on March 3 ,2021, unless terminated earlier in accordance
with the provisions oft is Agreement, including, but not limited o, Paragraph ( 5),TERMINATION, of this
Agreement. For avoidance of all doubt, notwithstanding anything else herein, including, but not limited to Exhibit 1-
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A, FUNDING SOURCES,,the subaward period of performance starts April 1, 2017 and ens March 31, 221."
2. Subparagraph( )(a), FUNDING/CONSIDERATION, is hereby deleted in its entirety and replaced with the
following:
(a) This is a cost-reimbursement agreement. DEO awards Subrecipient Five Hundred SixtyTwo Thousand
Two Hundred SixtyThree ll rs and Ninety One Cents ), subject tote terms and conditions of this
Agreement,availability of funds and appropriate budget authority; owever,Subrecipient may incur costs and submit
for reimbursement only up to the Total (Revised) Funds Released dollar amount listed in Sureciient's most recently
O-issued Notice of Fund Availability( ). Each such NFA,and any attachments ereo,duly issued to Subrecipient
by DO, including,but not limited to its special terms,conditions,and instructions,is incorporated into the Agreement
by reference."
Page
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DoouSign Envelope ID:22I313D22-7330-4 E5-1348 -GAMU'l3FFD4
. Attachment A, Scope of Work, Subparagraph I.B. is hereby deleted in its entirety and replaced with the
following:
"Subrecipient shall provide weaterization services at the annually approved Department of Energy Average Cost Per
Unit(ACPU).The ACPU is a sum of labor cost,material cost,and program support cost.The ACPU and Health and Safety
Cost limits may vary with funding received from U.S. Health and Human Services through LIHEAP grants in support o
AP.The Health and Safety Cost is a percentage of the ACPU as approved by DOE." DEC will inform the Subrecipient
of the limits prior to the beginning of each program year, as set forth by DOE. This will ensure Subrecipient does not
exceed the ACPU.
. Attachment A,Scope of Work,Section VIL,Deliverable 1,is hereby amended to read as follows:
m m.. ..e..l...ry _ra�-le 1 _.._...._.. ... _Minimum LevelPerformnc�e
-_ . - � -
Certification
that Subrecipient operated during ? At a minimum,Subrecipient shall have its office
its regular business hours as identified in open for business,with the entrance door open
Attachment C,Warranties and Representations, to the public,and at least one employee on-site
to include expenses for Administration Monday through Friday from :0 AM to 5: 0
[Administration costs not to exceed$28,113.20 P 2
( l of Total Modified WAPAllocation award
amount)], Program Support,Technical and =
Training Assistance,Single Audit, and Liability o
Insurance. jCL.... .. .....
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5. To the extent there is any conflict between the provisions of this Modification, including any attachments and o
exhibits thereto,and the provisions of the Agreement, including any attachments and exhibits thereto,the provisions CL
of this Modification shall supersede and control.
. All provisions of the Agreement, including any attachments or exhibits thereto, not amended by or in conflict
with this Modification, remain in full force and effect. U
The remainder of this page is intentionally left blank.
Page
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DecuSlgn Envelope ID:22513D22-7830-44E5-D489-GA3D8F13FFD4
STATEI
DEPARTMENT7
FEDERALLY FUNDED T AGREEMENT MODIFICATION
SIGNATURE
IN IT SS WHEREOF, by signature below,the Parties agree to abide by the terms,conditions and provisions
of the Agreement, as modified.This Modification shall beeffective on September 30,2020.
SUBRECIPIENT STATE OF FLORIDA
FLORIDAMONROE COUNTY, I OPPORTUNITY
By: �._ BY:
(Signature)
_....._-- Brian McManus,Chief of Staff
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(Print/Type Name and Title Here) Department of Economic Opportunity
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Date: ate:
59-6000749 Approved as to form and legal
Federal Identification Number sufficiency,subject only to full and
proper execution by the Parties.
073876757
DUNS Number _ Office of the General Counsel
Department of Economic Opportunity
17 X-0G-1 - - 1-03
Agreement Number
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By: _.............w._
Approved Date:
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. Kevin Madok, cPA C.47.b
' Clerk f the Circuit Court& Comptroller—Monroe County, Florida
Cle o e C cu p my,
DATE; June 2, 2020
TO: Sheryl Graham, Director
Social Services
ATTN: Lourdes Francis
FROM: Pamela G. Hanc ck .
SUBJECT: April 15' BOCC Meeting
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Enclosed are six duplicate originals of die following item, executed on belialf of Monroe U
County, for your Dandling:
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D24 5dr Modification to Federally Funded Subgrant Weadierization Assistance Program CL
(WAP) Agreement No. 17WX-OG-11-54-01-039 between the State of Florida Department of
Economic Opportunity and Monroe County Board of County Comnnissioners/Monroe County CL
Social Services to increase funding by $27,133.00, bringing die total WAP allocation from
$451,791.91 to $478,924.91 for the period of April 1, 2017 through September 30,2020.
Please be sure to return a fully executed duplicate original to our office once signed by the
state. Should you have any questions please feel free to contact me at(305) 292-3550. o
CL
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 overseas Highway 50 High Paint Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation trey,Florida 33070 Plantation Key,Florida 33utu
305-294-4641 305-289-6027 305-852-7145 305-
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Docuftn Ema W ID:EF3AC7AF-EBA1.47E8.8717-3D73FBE11127
Docti ilq+Envelope ID,B1A0B0F"518-44F5Q663-VBE181EC0W
MODIFICATION NUMBER FIVE TO AGREEMENT SETt,I1fEEN THE
FLORIDA DEPARTMENT Of ECDNOMiC dPPORTt1NfPl RO ORIGINAL
WEATHERI%ATION ASSISTANCE PROGRAM
AND
MONROE COUNTY,FLORIDA
CFDA Number(s):91.042,93.568 Agreement Number;17WX-0G-11-54-01-039
FLAIR Contract Number:E1982
TH15 MODIFICATION Number Five is entered into by the State of Florida,Department of Economic 0p port unity,
with headquarters In Tallahassee, Florida,hereinafter referred to as"DEO,"and Monroe County,Florida,hereinafter
referred to as"Subrecipient"(each individually a"Party'and collectively"the Parties").
WHEREAS,DEO and Subrecipient have entered into Agreement Number 17WX-0G-11-S4-01-039,as previously
amended,in which DEO awarded 5ubreciplent Fora Hundred Fifty-One Thousand Seven Hundred Ninety-One Dollars
and►*wty-O"e Cents($451,791.91);and
WHEREAS,Paragraph(8)of the Agreement provides that modification of the Agreement shall he in writing,on
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DEO-approved forms,as applicable,and duty signed by the Parties thereto;and U
WHEREAS, additional funds have become available to increase the amount of the funding granted to 0
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Subrecipient.
NOW,THEREFORE,In consideration of the mutual promises of the Parties contained herein,the Parties agree
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to the following:
1. Subparagraph(4)(a),f UNDINGiGONSIDERATiON,Is hereby deleted in its entirety and replaced with the
following:
(a) This is a cost-reimbursement agreement. DEO awards Subrecipient Four Hundred 5eventy4lght
Thousand Nine Hundred Twenty-Four Oallars and Nfnety-One Cents {$478,924.5i}, subject to the terms and
conditions of this Agreement,availability of funds and appropriate budget authority;however,Subrecipient may incur
CL
costs and submit for reimbursement only up to the Total (Revised) Funds Released dollar amount listed in
5ubrecipient's most recently DEO-issued Notice of Fund Availability (NFA), Each such NFA, and any attachments
thereto,duly Issued to Subrecipient by DEO,including,but net limited to its special terms,conditions,and instructions,
is incorporated into the Agreement by reference.
2. Attachment A,Scope of Work,Section VI I.,Deliverable 1,Is hereby amended to read as follows:
i
Deliverabli~1 Minmum Level Perfrmace
_........_.._ omn_ . ...
Certification that Subrecipient operated during ; At a minimum,5ubreciplent shall have Its office
its regular business hours as Iderrtified in open for business,with the entrance door open
Attachment G,Warranties and Representations, to the public,and at least one employee on-site
to Include expenses for Administration Monday through Friday from 8:00 AM to 5100
[Administration costs not to exceed$23.94 AS PM
(S%of Total Modified WAP Allocation award
amount)].Program Support,Technical and -
-- Page 1
A
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DoouSigIh Emrelope ID:EF3AC7AF-ESA1-47E8-8717-3D73FBE11127
0=:u pr►EmvOe ID:61ADSOFA-8S18-44F8-M3•DOE181 ECOM9
Training Assistance,Single Audit,and Liability I
Insurance.
3. To the extent there is any conflict between the provisions of this Modification,including any attachments and
exhibits thereto,and the provisions of the Agreement,Including any attachments and exhibits thereto,the provisions
of this Modification shall supersede and control.
4. All provisions of the Agreement,including any attachments or exhibits thereto, not amended by or in conflict
with this Modification,remaln in full force and effect.
The remainder of this page is h7tentlonally left blank.
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DocuSipn Envaiopv ID:EFMC7AF-E6A1-47E&8717-3D73F6E11127
Dm*n Envelope IM aIADBOFA-a518-"F945a3-DBE1aIECOA69
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT MODIFICATION
SIGNATURE PAGE
IN WITNESS WHEREOF,by signature below,the Parties agree to abide by the terms,conditions and provisions
of the Agreement,as modified.This Modification shall be effective on the date last executed by the Parties.
SUBRECIPIENT STATE OF FLORIDA
MONROE COUNTY,FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
baae4�a wr:
BY By: priAw �4AS
amass.:.
{Slgnatur
{-� d-��e-v LAvr.t I- a-Vs tq.rr Brian McManus,Chief of Staff
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(PrintlType Name and Title Here) Department of Economic Opportunity U
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Date: Date: CL
59-6000749 Approved as to form and legal CL
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Federal Identification Number sufficiency,subject only to full and
proper execution by the Parties.
t773875757
DUNS Number Office of the General Counsel
Department of Economic Opportunity
7 7�1V]i-pG-I_1_= -0 -039 0OM W. 0
Agreement Number SBR.Y�I�. �s CL
By: raazEo�+�—
Approved Date.-
7/2/2020
{SEALi
ds I~F!'LTY CLERK
EGO AI U'PG' w o
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ASS4rn
;' Iti7 0
ATTt3
{� CO L3
Date
Page 3
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DECLARATIONS
EATHERIZATION CPL CLAIMS MADE AND REPORTED INSURANCE
THIS IS A CLAIMS MADE AND REPORTED POLICY.SUBJECT TO ITS TERMS,THIS POLICY APPLIES ONLY TO ANY CLAIM
FIRST MADE AGAINST THE INSURED AND REPORTED IN WRITING TO THE UNDERWRITERS DURING THE POLICY
PERIOD OR EXTENDED REPORTING PERIOD, IF APPLICABLE. DAMAGES AND CLAIMS EXPENSES SHALL BE APPLIED
AGAINST THE DEDUCTIBLE. CLAIMS EXPENSES ARE WITHIN AND REDUCE THE LIMIT OF LIABILITY UNDER THIS
POLICY. THE UNDERWRITERS SHALL NOT BE LIABLE FOR ANY CLAIMS EXPENSES OR FOR ANY JUDGEMENT OR
SETTLEMENT AFTER THE LIMIT OF LIABILITY HAVE BEEN EXHAUSTED.PLEASE READ THIS POLICY CAREFULLY.
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These Declarations along with the completed and signed Application and the Policy with endorsements shall CU
constitute the contract between the Named Insured and the Underwriters.
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Underwriters: Beazley Furlong Ltd 0623/2623
Policy Number: 1366134391/020
04
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Unique Market Reference Number: B0572YF18B101
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Item 1. Named Insured: Monroe County Board of County Commissioners
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Address: 1111 12th Street#408
Key West, FL 33040
Item 2. Policy Period:
From: 04/22/20
To: 04/22/21
Item 3. Limit of Liability:
A. Each Claim includes Claims Expenses.
1. Contractors Pollution Liability $500,000
2. Transportation Pollution Liability $500,000
3. Microbial Liability $500,000
B. Policy Aggregate Limit of Liability includes $500,000
Claims Expenses.
Item 4. Each Claim Deductible includes Claims Expenses: $2,500
Item 5. Premium $1,500
Broker Fee $250
Surplus Lines Taxes/Fees $0
Item 6. Retroactive Date
CPL 12/31/69
Mold 04/22/10
of
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Testing(Lead) 04/22/11
Disposal 04/22/11
Transport 04/22/11
Item 7. Extended Reporting Period
a) Premium for Extended Reporting Period: 100%of the total premium for this Policy
b) Length of Extended Reporting Period: 12 Months
Item 8. Notification under this Policy:
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1.Notices
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ISU Insurance/BC Environmental Insurance Brokers
1037 Suncast Lane,Suite 103 0
El Dorado Hills,CA 95672
Toll Free: 1-800-257-1639
Fax: 916-939-1080
2.Notice of Claims
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c/o Beazley,Syndicate 2623/623 at Lloyd's
30 Batterson Park Road
Farmington,CT 06032 0
clairns Dbeazley.corn
Tel: 1-888-222-1123 U
Fax: 1-866-910-1397
Item 9. Terrorism Coverage: Excluded
Item 10. Service of Suit:
Mendes& Mount
750 Seventh Avenue 0
New York, New York 10019-6829
United States of America
Item 11. Choice of Law: New York
Item 12. Endorsements Effective At Inception:
Premium Fully Earned Endorsement
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CPL- Lead Testing Endorsement
LIMA 3100 Endorsement
Dated: May 6,2020
At: 1037 Suncast Lane
Suite 103
El Dorado Hills
California by
95762, USA BC Environmental Insurance Brokers, Inc. (Correspondent)
(the office of the Correspondent)
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Evidence of Insurance
Type: CPL Coverage
Claims made and reported.
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Q.
Policy Number: 1366134391/020 as
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CPL—Policy Wording
Form: Premium Fully Earned Endorsement
CPL - Lead Testing Endorsement
Monroe County Board of County
Named Insured:
Commissioners
From: 04/22/20
Policy Period: To: 04/22/21
2
Interest: CPL Insurance 0
Each &Every Claim Limit of Liability,inc. costs USD $500 000
and expenses:
Aggregate Limit of Liability,inc. costs and USD $500 000
expenses:
Deductible, each and every loss,inc. costs and USD $2,500
Expenses:
Situation: Worldwide
USD $1,500
Premium: Plus tax if applicable
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SURPLUS LINES BROKER
Environmental Insurance Brokers, Inc.
1037 Suncast Lane
U.S. Classification: Suite 103
El Dorado Hills
California 95762
United States
LLOYD'S BROKER 0
GH Insurance Advisors
AUTHORISED - 0
SIGNATORY:
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For and on behalf of Beazley Furlonge Limited as managing agent of
syndicates 623 and 2623 Q
Date: May 6, 2020
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Underwriters, Lloyds of London
Security Schedule
Underwritten by Beazley Syndicates at Lloyd's.
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All OTHER TERMS, conditions and limitations of said Certificate shall remain unchanged U
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Beazley Solutions Limited is a service company that is part of the Beazley group of companies.
Beazley Solutions Limited has authority to enter into contracts of insurance on behalf of the
Lloyd's underwriting members of Lloyd's syndicates 623 and 2623 which are managed by
Beazley Furlonge Limited. Beazley Solutions Limited is an appointed representative of Beazley
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Furlonge Limited which is authorised by the Prudential Regulation Authority and regulated by
the Financial Conduct Authority and the Prudential Regulation Authority in the UK (ref 204896)
in its capacity as insurer. Q.
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Effective date of this Endorsement: 04/22/20
This Endorsement is attached to and forms a part of Policy Number: 1366134391/020
Beazley Furlonge Ltd 0623/2623 referred to in this endorsement as either the "Insurer" or the
"Underwriters"
SANCTION LIMITATION AND EXCLUSION CLAUSE
This endorsement modifies insurance provided under the following:
BEAZLEY BREACH RESPONSE
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No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or =
provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or o
provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under
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United Nations resolutions or the trade or economic sanctions, law or regulations of the European Union,
United Kingdom or United States of America.
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All other terms and conditions of this Policy remain unchanged.
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Authorized Representative
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E02804 Page 1 of 1
032011 ed.
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Effective date of this Endorsement: 04/22/20
This Endorsement is attached to and forms a part of Policy Number: 1366134391/020
Beazley Furlong Ltd 0623/2623 referred to in this endorsement as either the"Insurer"or the"Underwriters"
PREMIUM FULLY EARNED ENDORSEMENT
This endorsement modifies insurance provided under the following:
WEATHERiZATiON CPS. CLAIMS MADE AND REPORTED INSURANCE P UCY
In consideration of the premium charged for the Policy,it is hereby understood and agreed that: 0
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1. Clause XXXI.SHORT RATE CANCELLATION TABLE is deleted in its entirety. ".
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2. Clause XIV.CANCELLATION paragraph C. is deleted in its entirety and replaced with the following:
C. If this Policy is cancelled by the Named Insured pursuant to A. hereinabove, the premium for this Policy
is deemed fully earned as of the inception date of this Policy. If this Policy is cancelled by the
Underwriters pursuant to B. hereinabove, the Underwriters shall retain the pro rata portion of the
premium hereon. Payment or tender of any unearned premium by the Underwriters shall not be a
condition precedent to the effectiveness of cancellation. Y
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All other terms,exclusions and conditions of this Policy remain unchanged.
Authorized Representative
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Effective date of this Endorsement:04/22/20
This endorsement is attached to and forms a part of the Policy Number: 1366134391/020
Beazley Furlong Ltd 0623/2623 referred to in this Endorsement as either the"Insurer"or the"Underwriters"
LEAD TESTING AND LEAD SAMPLING INCIDENTAL PROFESSIONAL LIABILITY ENDORSEMENT
This endorsement modifies insurance provided under the following:
Beazley Weatherization CPL Claims Made and Reported Insurance
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In consideration of the premium charged for the Policy,it is hereby understood and agreed that:
1. Clause I. INSURING AGREEMENTS is amended to include the following Insuring Agreement:
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D. Lead Testing and Lead Sampling Incidental Professional Liability.
Pollution Condition arising out of the performance of or failing to perform Incidental Lead Testing and/or
Incidental Lead Sampling by the Insured or by any person for whom the Named Insured is legally responsible but
only if:
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• The Pollution Condition takes place on or after the Retroactive Date set forth in Item 6 the Declarations N
and before the end of the Policy Period and within the Covered Territory; �_
• The Bodily Injury, Property Damage and/or Clean Up Costs which result from the Pollution Condition 0-
take place and/or manifest itself on or after the Retroactive Date set forth in Item 6 of the Declarations a)
and before the end of the Policy Period.
• The Incidental Lead Testing and/or Incidental Lead Sampling is directly associated with Covered
Operations and are performed by the Named Insured as part of the Named Insured's Lead Safe Work
Practices associated with Covered Operations.
2. The following exclusions shall apply to the coverage provided by this Endorsement only:
The coverage under this Endorsement does not apply to Damages and Claims Expenses in connection with or
resulting from any Claim:
a. Arising out of the performance of or failing to perform Incidental Lead Testing and/or Incidental Lead 0-
Sampling by the Insured or by any person for whom the Named Insured is legally responsible as part of 0
the Insured's work that is not directly associated with Covered Operations.
b. Arising out of estimates of probable professional or construction time or cost being exceeded.
c. Arising out of the failure to complete drawings, specifications, plans, programs, surveys, training,
schedules, or specifications on time, or the failure to act upon shop drawings or notices of any kind on
time.
d. Arising out of the advising or requiring of,or failure to advise or require, or failure to maintain any form of
insurance,surety,or bonding.
e. Arising out of Lead Testing or Lead Sampling which is not performed solely by the Named Insured,
including where such activities are subcontracted or assigned by the Named Insured to a person or
organization which is not a Named Insured, including a joint venture or partnership which is not a Named
Insured, unless otherwise approved in writing by the Underwriters, as evidenced by Endorsement to the
policy.
f. Arising out of any Insured's involvement as a partner,officer,director,stockholder,employer or employee
of any business enterprise not named in the Declarations.
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g. Arising out of any Insured's involvement in Lead Testing or Lead Sampling rendered to or on behalf of,
any business enterprise not named in the Declarations that wholly or partly owns the Insured or which to
any extent controls, operates, or manages the Insured,or that is wholly or partly owned by an Insured,or
in which an Insured is an officer, partner or employee, or which is to any extent controlled, operated, or
managed by an Insured.
h. Arising out of (a) breach of or failure to perform any contract or agreement; (b) the purchase, sale or
distribution of securities, or investment counseling or management services; or (c) antitrust, unfair
competition,or restraint of trade.
i. Arising out of the disposal of any Pollutants at a disposal site.
j. Arising out of the advising or requiring of, or failure to advise or require, or failure to maintain or procure
any financing or monies for the payment of any portion of any project, or of services or labor connected CU
with any project.
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k. Arising out of Lead Testing or Lead Sampling in connection with any real property or facility which is or
was at any time owned,operated, rented,or occupied by the Named Insured or by any entity that:
(a) Wholly or partly owns,operates, manages,or otherwise controls the Named Insured; or
(b) Is wholly or partly owned,operated,managed,or otherwise controlled by the Named Insured.
I. Made by any entity,agent,employee, partner shareholder,subro ee or assignee of any entity that:
(a) Wholly or partly owns,operates, manages,or otherwise controls the Named Insured; or 0
(b) Is wholly or partly owned,operated, managed,or otherwise controlled by the Named Insured. a)
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m. Arising out of any loss, act, error, omission, incident or Circumstance which took place prior to the
Retroactive Date as set forth in this Endorsement.
3. Solely with respect to the coverage afforded under this Endorsement, it is agreed that the following definitions are
added to this Policy:
0
a. "Incidental" means that the dollar amount for that particular part of the Named Insured's work does
0
not exceed ten percent (10%) in the aggregate of the gross dollar amount under a written contract or
written agreement for all of the Named Insured's work at at the site where these Covered Operations 0
are performed.
b. "Lead" means the heavy,ductile,soft,solid, naturally occurring metallic element used in paints.
U
c. "Lead Sampling" means the process of collecting a predetermined quantity of matter from a
suspected Lead based paint hazard at the site where these Covered Operations are performed.
d. "Lead safe work practices" means practices performed to (1) protect occupants from lead based
paint hazards; (2) prepare worksites to contain and prevent the release of leaded dust and debris;
(3) prevent the use of lead based paint removal methods that are prohibited by Federal/State/Local
regulations and guidelines; and (4) cleanup and remove dust and debris from the work area.
e. "Lead Testing" means the use of LeadCheck° Swabs or other EPA recognized method which provides
an immediate indicator of the presence of Lead on any specific test surface at a"project site".
Packet Pg. 1642
C.47.c
�7
4. Clause IV.EXCLUSION.G.Asbestos/Lead Based Paint is amended to include the following:
G. Asbestos/Lead Based Paint
either in whole or in part, directly or indirectly, arising out of or resulting from or in consequence of, or in any
way involving asbestos or lead-based paint, or any materials containing asbestos or lead-based paint in
whatever form or quantity; provided,that this exclusion does not apply to:
1. Any Claim arising out of the inadvertent disturbance of asbestos or lead-based paint or materials _
containing asbestos or lead-based paint by or on behalf of an Insured during the performance of
Covered Operations.
0
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2. Any Claim arising out of the performance of or failing to perform Incidental Lead Testing and/or U
Incidental Lead Sampling by the Insured or by any person for whom the Named Insured is legally
responsible as provided under Insuring Agreement D. Lead Testing and Lead Sampling Incidental 2
Professional Liability. EL
5. It is agreed that the coverage afforded by this Endorsement shall be subject to a retroactive date described as
04
follows:
04
Retroactive Date:
0
CPL 12/31/69 EL
Mold 04/22/10 U
Testing(Lead)04/22/11
Disposal04/22/11
Transport04/22/11
EL
0
a
0
All other terms,exclusions and conditions of this Policy remain unchanged.
U
Authorized Representative
pa','clle 3 of 3
Packet Pg. 1643
C.47.c
WEATHERI ATION CPL CLAIMS MADE AND REPORTED INSURANCE POLICY
NOTICE: This is a Claims Made and Reported Policy. Except to such extent as may otherwise be provided herein,
the coverage afforded under this insurance policy is limited to those Claims which are first made against the
Insured and reported to the Underwriters during the Policy Period or any applicable Extended Reporting Period.
Damages and Claims Expenses shall be applied against the Deductible. Claims Expenses are within and reduce the
Limit of Liability under this policy. Certain words and phrases which appear in bold type have special meaning;
please refer to Section II., Definitions. Please review the coverage afforded under this insurance policy carefully
and discuss the coverage hereunder with your insurance agent or broker.
In consideration of the payment of premium and reliance upon the statements, representations and warranties
to
made in the Application which is made a part of this insurance policy (hereinafter referred to as the "Policy" or
"insurance") and subject to the Limit of Liability, exclusions, conditions and other terms of this insurance, the 0
Underwriters agree with the Named Insured (set forth in Item 1 of the Declarations, made a part hereof) as
follows:
I. INSURING AGREEMENT
The underwriters will pay on behalf of the Insured, Damages and Claims Expenses, in excess of the Each Claim
Deductible, which the Insured shall become legally obligated to pay because of any Claim first made against the
r
Insured during the Policy Period or Extended Reporting Period (if applicable) and reported in writing to the
Underwriters during the Policy Period or the Extended Reporting Period (if applicable) arising out of one or more 04
of the following acts or events:
0
A. Contractors Pollution Liability Coverage
W
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a Pollution Condition arising out of the performance of or failing to perform Covered Operations by the
Insured or by any person for whom the Named Insured is legally responsible but only if: N
• The Pollution Condition takes place on or after the Retroactive Date set forth in Item 6 of the d
Declarations and before the end of the Policy Period and within the Coverage Territory;
• The Bodily Injury, Property Damage or/and Clean Up Costs which result from the Pollution
0
Condition take place on or after the Retroactive Date set forth in Item 6 of the Declarations and 0
before the end of the Policy Period and within the Coverage Territory. 0
r-
0
B. Transportation Pollution Liability Coverage
a Pollution Condition wholly occurring during and resulting from Transportation if:
• The Pollution Condition takes place on or after the Retroactive Date set forth in Item 6 of the
Declarations and before the end of the Policy Period and within the Coverage Territory;
• The Bodily Injury, Property Damage or/and Clean Up Costs which result from the Pollution
Condition take place on or after the Retroactive Date set forth in Item 6 of the Declarations and
before the end of the Policy Period and within the Coverage Territory.
This Insuring Agreement shall not be utilized to evidence financial responsibility of any Insured under any
federal,state, provincial or local law.
C. Microbial Liability Coverage
a Microbial Incident arising out of the performance or failure to perform Covered Operations by the
Insured or by any person,for whom the Named Insured is legally responsible but only if:
5..,i...f .. e`U 1%
Packet Pg. '1 444
C.47.c
• The Microbial Incident takes place on or after the Retroactive Date set forth in Item 6 of the
Declarations and before the end of the Policy Period and within the Coverage Territory;
• The Bodily Injury, Property Damage or/and Clean Up Costs which result from the Microbial
Incident take place on or after the Retroactive Date set forth in Item 6 of the Declarations and
before the end of the Policy Period and within the Coverage Territory.
II. DEFINITIONS
A. "Application" means all signed applications, including all attachments and other materials submitted
therewith or incorporated therein, and any other such documents submitted in connection with the
to
underwriting of this Policy including any endorsement or other part thereof, or any other policy issued by the
Underwriters,of which this Policy is a renewal, replacement or which it succeeds in time. 0
B. "Auto"or"Automobile" means a land motor vehicle,trailer or semi-trailer designed for travel on public roads ��—
(including machinery or apparatus attached thereto),but does not include Mobile Equipment.
0
In relation to Insuring Agreement 1.13, Auto or Automobile refers to Autos or Automobiles driven by the
Insured during the course of a Covered Operation only.
r
C. "Bodily Injury" means physical injury, sickness, disease or death of any person, including any mental anguish
or emotional distress resulting therefrom. 04
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D. "Cargo"means any waste or materials transported by motorized land vehicle for delivery by a carrier properly 0
licensed to transport such waste or materials.
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E. "Circumstance"means any fact,event or situation that could reasonably be the basis for a Claim.
U)
F. "Claim" means a demand received by any Insured for money or services including the service of suit or
EL
institution of arbitration proceedings. d
G. "Claims Expenses"means:
1. reasonable and necessary fees charged by an attorney designated or consented to by the U
Underwriters; W
0
2. all other fees, costs and expenses resulting from the investigation, adjustment, defense and appeal
of a Claim, suit or proceeding arising in connection therewith, if incurred by the Underwriters, or by
the Insured with the prior written consent of the Underwriters;and W
E
3. premiums for appeal bonds for covered judgments or bonds to release property used to secure a
legal obligation, if required for a Claim against any Insured for a covered Pollution Condition and/or
Microbial Incident provided,however,that the Underwriters shall have no obligation to appeal or to
obtain such bonds.
Claims Expenses do not include any salary, overhead or other charges of or by the Insured for any time spent
in cooperating in the defense and investigation of any Claim notified under this Insurance, or costs to
remediate a Pollution Condition or Microbial Incident without the prior written consent of the Underwriters.
H. "Cleanup Costs" means reasonable and necessary costs,charges and expenses incurred with the prior written
consent of the Underwriters in the investigation, assessment, removal, remediation (including the associated
testing and monitoring) or neutralization of a Pollution Condition or/and Microbial Incident provided that
such costs,charges and expenses are caused by a Pollution Condition or/and Microbial Incident arising out of
the performance of or failure to perform Covered Operations by or on behalf of the Named Insured to the
extend required by Environmental Laws or in the absence of Environmental Laws to the extent
recommended by an Environmental Professional.
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Packet Pg. 16745
C.47.c
The term Cleanup Costs shall also include:
1. reasonable and necessary legal costs, where such costs have been incurred by the Insured with the
prior written consent of the Underwriters;and
2. reasonable and necessary expenses required to restore, repair or replace real or personal property,
owned by third parties, to substantially the same condition it was in prior to being damaged during
the course of responding to a Pollution Condition and/or Microbial Incident to which this Insurance
applies. However, these costs will not exceed the actual cash value of such real or personal property
immediately prior to incurring the Cleanup Costs or include costs associated with improvements or
betterments. Actual Cash Value shall mean the cost to replace such real or personal property,
to
immediately prior to incurring the Cleanup Costs, minus the accumulated depreciation of the real or
r_
personal property. 0
M
I. "Coverage Territory" means the United States of America (including its territories and possessions), Puerto cr
ii
Rico and Canada.
J. "Covered Operations" means weatherization activities approved by the Department of Energy (DOE) under d
Title IV, Energy Conservation and Production Act 10 CFR Part 440 and performed as part of the DOE
Weatherization Assistance Program, and which are performed by the Insured or on behalf of the Insured for r
other at the site where these Covered Operations are performed. C�
04
In relation to Insuring Agreement LC(Microbial Liability Coverage),the definition of Covered Operations does _
not include Microbiological Decontamination. 0
W
This insurance does not apply to and the Underwriters have no obligation to provide indemnity or defense
against Claims or Suits arising from activities, procedures or operations performed by any person or
organization to clean up, detoxify, dilute, remove or abate pollutants except for component removal of sin
pollutants impacted building materials solely as a part or directly associated with weatherization activities
approved by the DOE.
K. "Damages" means a monetary judgment, award or settlement of compensatory damages, including any pre-
judgment and/or post-judgment interest thereon. Solely with respect to the coverage afforded under
0
Insuring Agreement I.A.and LC the term Damages shall also include Cleanup Costs. 0
W
0
The term Damages shall not include or mean:
0
1. future profits,restitution,disgorgement of unjust enrichment or profits by an Insured;
W
2. return or offset of fees,charges,or commissions for goods or services already provided or contracted
to be provided;
3. any damages which are a multiple of compensatory damages;
4. fines,taxes or loss of tax benefits,sanctions or penalties assessed against the Insured;
5. punitive or exemplary damages, unless insurable by law under the law under which this Policy is
construed;
6. liquidated damages to the extent that such damages exceed the amount for which the Insured would
have been liable in the absence of such liquidated damages agreement;
7. any amounts for which the Insured is not liable, or for which there is no legal recourse against the
Insured;or
8. matters deemed uninsurable under the law pursuant to which this Policy shall be construed.
5..,i...f .. e`U 1%
Packet Pg. 16746
C.47.c
L. "Demolition Hazard" means:
1. The collapse of or structural injury to any building or structure arising from the wrecking or taking out
of any load-supporting structural member.
2. The demolition hazard does not include the wrecking or taking out of any load-supporting structural
member when such activities are performed by a contractor or subcontractor working for the Insured
or on the Insured's behalf, provided such contractor or subcontractor carries valid and collectible
general liability insurance covering such operations naming the Named Insured as an additional
to
insured,with an insurance carrier that is authorized in the state where such activities are performed.
r_
0
M. Environmental Laws" means any federal, state, provincial or local laws, including but not limited to statutes, M
rules, regulations, ordinances, guidance documents, and governmental,judicial or administrative orders and
directives that are applicable to Pollution Condition or/and Microbial Incident to which this Insurance 0
applies.
N. "Environmental Professional" means an individual designated by the Underwriters who is duly certified or
licensed in a recognized field of environmental science as required by a state board, a professional r
association, or both. The Underwriters shall consult with the Named Insured in conjunction with the
selection of the Environmental Professional. The Underwriters may require that such professional meet 04
certain minimum qualifications and maintain errors and omissions insurance. 2
0
O. "Extended Reporting Period" means the period of time after the end of the Policy Period for reporting ar
Claims as provided in Clause IX of this Policy.
P. "Explosion Hazard" includes Property Damage arising out of blasting or explosion.
EL
Q. "Insured"shall mean: d
1. the Named Insured;
0
2. a director or officer of the Named Insured, but only with respect to the performance of his or her
ar
duties as such on behalf of the Named Insured; 0
0
3. an employee or Temporary Employee of the Named Insured, but only for work done while acting
within the scope of his or her employment and related to the conduct of the Named Insured's
business;
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4. a principal if the Named Insured is a sole proprietorship, or a partner if the Named Insured is a
partnership, but only with respect to the performance of his or her duties as such on behalf of the d
Named Insured;
5. any person who previously qualified as an Insured under 2, 3 or 4 above prior to the termination of
the required relationship with the Named Insured, but only with respect to the performance of his or
her duties as such on behalf of the Named Insured;
6. the estate, heirs, executors, administrators, assigns and legal representatives of any Insured in the
event of such Insured's death, incapacity, insolvency or bankruptcy, but only to the extent that such
Insured would otherwise be provided coverage under this Insurance;
7. the Named Insured with regard to its participation in a joint venture, but solely for the Named
Insured's liability that arises out of a Pollution Condition and/or Microbial Incident that arises out of
the performance of or failing to perform Covered Operations by the Named Insured;and
C..,f .. r.U 1%c.s g,4 .,,3
Packet Pg. 16747
C.47.c
R. "Insured Contract" shall mean that part of any written contract or agreement under which the Named
Insured assumes tort liability of another party to pay compensatory damages for Bodily Injury or Property
Damage to a third party or organization. Tort liability means liability that would be imposed by law in the
absence of any contract or agreement.
The term Insured Contract shall not include the assumption of liability of another party to pay compensatory
damages based upon, arising from, or in consequence of (1) any actual or alleged act, error or omission or
claimed damages that otherwise would not be covered under this Policy; or (2) liability resulting solely from
the actual or alleged acts,errors or omissions of the client of the Named Insured.
S. "Loading and unloading"means the handling of property at a site where Covered Operations are performed:
a. After it is moved from the place where it is accepted for movement into or onto an aircraft, 0
watercraft or Auto; M
b. While it is in or on an aircraft,watercraft or Auto;or .2
c. While it is being moved from an aircraft,watercraft or Auto to the place where it is finally delivered. ii
0
T. "Microbial Contaminants" means"Mold,Midew or fungus"and bird and bat excrement.
U. "Microbial Decontamination" means those activities, procedures, or operations performed by the Insured or
r
on behalf of the Insured which are required to clean up, detoxify, dilute or remove Microbial Contaminants 04
which are specifically identified in a written contract or agreement to clean up, detoxify, dilute or remove 04
such Microbial Contaminants. >1
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0
V. "Microbial Incident" means the actual discharge, dispersal, seepage, migration, release, or escape of
Microbial Contaminants in any structure on land and the atmosphere contained within that structure which U
results in Bodily Injury, Property Damage or Cleanup Costs.
U)
W. "Mobile Equipment" means a land vehicle (including any attached machinery or apparatus) whether or not
EL
self-propelled: d
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 the Named Insured owns or
rents;
0
3. Vehicles that travel on crawler treads;
4. Vehicles,whether self-propelled or not,on which are permanently mounted;
(i) power cranes,shovels,loaders,diggers,or drills;or
(i i) road construction or resurfacing equipment such as graders,scrapers or rollers;
cr
5. Vehicles not described in 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:
(i) air compressors, pumps and generators, including spraying, welding, building
cleaning,geophysical exploration, lighting and well servicing equipment;or
(i i) cherry pickers and similar devices used to raise or lower workers;
6. Vehicles not described in 1., 2., 3., or 4. above maintained primarily for purposes other
than the transportation of persons or cargo; provided, however, that self-propelled
vehicles with the following types of permanently attached equipment are not Mobile
Equipment but will be considered Automobiles:
(i) equipment designed primarily for:
Packet Pg. 16748
C.47.c
(a) snow removal;
(b) road maintenance,but not construction or resurfacing;
(c) street cleaning;
(ii) cherry pickers and similar devices mounted on Automobile or truck chassis and
used to raise or lower workers;
(iii) air compressors, pumps and generators, including spraying, welding, building
cleaning,geophysical exploration, lighting and well servicing equipment.
X. "Mold, Mildew or Fungus" means any plant-like group that does not produce chlorophyll and derives food
either by decomposing organic matter or by parasitic attachment to living organisms or any substance
specifically or commonly referred to as mold,mildew or fungus. 0
M
Y. "Named Insured" means only those persons, partnerships, corporations or entities specified in Item 1 of the .2
Declarations. ii
0
Z. "Natural Resource Damage" means physical injury to or destruction of, as well as the assessment of such EL
injury or destruction, including the resulting loss of value of land,fish,wildlife, biota, air,water,groundwater, _
drinking water supplies,and other such resources belonging to, managed by, held in trust by, appertaining to, r
or otherwise controlled by the United States (including the resources of the fishery conservation zone
established by the Magnuson-Stevens Fishery Conservation and Management Act 16 U.S.C.1801 et.seq.),any 04
state, local or provincial government, any foreign government, any native American tribe or if such resources _
are subject to a trust restriction on alienation,any member of a native American tribe. 0
EL
AA. "Policy Period" means the period of time between the inception date shown in the Declarations and the
effective date of termination, expiration or cancellation of this Insurance and specifically excludes any
Extended Reporting Period or any prior policy period or renewal period.
BB. "Pollution Condition" means the actual or alleged discharge, dispersal, release or escape of smoke, vapors, d
soot,fumes,acids,alkalis,toxic chemicals, liquids or gases,waste materials or other irritants,contaminants or
pollutants into or upon land or structures thereupon, the atmosphere or an watercourse or body of water, >'
p p p p Y Y
which results in Bodily Injury, Property Damage or Cleanup Costs.
0
CC. "Property Damage"means: 0
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0
1. physical injury to or destruction of any tangible property, including the loss of use thereof;
2. loss of use of tangible property that has not been physically injured or destroyed; W
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3. diminished value of property owned by third parties;or
4. Natural Resource Damage.
DD. "Temporary Employee" means a natural person furnished or leased to the Named Insured to meet short
term or project specific workloads and for whom the Named Insured has the right to direct and control the
means of performance.
Packet Pg. 16749
C.47.c
EE. "Transportation"means the movement of Cargo,via an Auto driven during the course of performing Covered
Operations,from the place where Covered Operations are being performed and the Cargo is accepted by the
carrier toward the place designated for delivery by the Insured.
Transportation includes the carrier's Loading and Unloading of Cargo onto or from a motorized land vehicle
provided that the loading and unloading is performed by or on behalf the Insured.
III. DEFENSE,SETTLEMENT AND INVESTIGATION OF CLAIMS
A. The Underwriters shall have the right and duty to defend,subject to the Limit of Liability,exclusions and other
terms and conditions of this Policy, any Claim against the Insured seeking Damages which are payable under 0
the terms of this Policy, even if any of the allegations of the Claim are groundless, false or fraudulent. The M
Underwriters shall choose defense counsel in consultation with the Insured, but in the event of any ��—
disagreement,the decision of the Underwriters is final. Underwriters will have no duty to defend the Insured 0
for any Claim made against the Insured seeking Damages, Claims expenses or payments to which this
insurance does not apply.
B. Claims Expenses are within and not in addition to the Limit of Liability. When the Underwriters defend a r
Claim, it will pay Claims Expenses incurred with its prior written consent. The Limit of Liability available to
pay Damages shall be reduced and may be completely exhausted by payment of Claims Expenses. Damages 04
and Claims Expenses shall be applied against the Each Claim Deductible.
0
C. The Underwriters shall have the right to make any investigation it deems necessary, including, without
limitation,any investigation with respect to the Application and statements made in the Application and with
respect to coverage.
U)
D. If the Insured shall refuse to consent to any settlement or compromise recommended by the Underwriters
and acceptable to the Claimant and elects to contest the Claim, the Underwriters liability for any Damages d
and Claims Expenses shall not exceed the amount for which the Claim could have been settled, less the
remainingEach Claim Deductible, plus the Claims Expenses incurred u to the time of such refusal, or the >'
p p p
applicable Limit of Liability,whichever is less, and the Underwriters shall have the right to withdraw from the
further defense thereof by tendering control of said defense to the Insured.
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0
E. It is further provided that the Underwriters shall not be obligated to pay any Damages or Claims Expenses,or
0
to undertake or continue defense of any suit or proceeding after the applicable Limit of Liability has been
exhausted by payment of Damages and/or Claims Expenses or after deposit of the applicable Limit of Liability
in a court of competent jurisdiction, and that upon such payment, the Underwriters shall have the right to ar
withdraw from the further defense thereof by tendering control of said defense to the Insured.
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IV. EXCLUSIONS
The coverage under this Insurance does not apply to Damages or Claims Expenses in connection with or resulting
from any Claim:
A. Criminal, Dishonest,Intentional,Fraudulent,Malicious,Willful or Knowing Acts
arising out of or resulting from any criminal, dishonest, intentional, fraudulent, malicious, willful or
knowing act, error or omission committed by any Insured; however, this Policy shall apply to Claims
Expenses incurred in defending any such Claim alleging the foregoing until such time as there is a final
adjudication,judgment, binding arbitration decision or conviction against the Insured, or admission by
the Insured, establishing such criminal, dishonest, intentional, fraudulent, malicious willful or knowing
conduct, or a plea of nolo contendere or no contest regarding such conduct, at which time the Named
5..,i...f .. e`U 1%�s i �;:� I c} r..,,
Packet Pg. 16750
C.47.c
Insured shall reimburse the Underwriters for all Claims Expenses incurred defending the Claim and the
Underwriters shall have no further liability for Claims Expenses.
B. Prior Knowledge,Prior Notice and Prior Acts
1. arising out of or resulting from any actual or alleged Pollution Condition and/or Microbial
Incident arising prior to the inception date of this Insurance:
a. if any director, officer, principal, partner, insurance manager or any member of the risk
management or legal department of the Named Insured on or before the inception
date knew or could have reasonably foreseen that such Pollution Condition and/or
to
Microbial Incident might be expected to be the basis of a Claim;or
r_
0
b. in respect of which any Insured has given notice of a Claim or Circumstance to the
insurer of any other policy in force prior to the inception date of this Policy; or
2. arising out of related or continuing Pollution Conditions and/or Microbial Incidents where the
first such Pollution Condition and/or Microbial Incident arose prior to the Retroactive Date set
forth in Item 6.of the Declarations.
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C. Insured versus Insured h1
04
by or on behalf of any Insured. 2
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D. Ownership Interest and Outside Positions ar
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1. arising out of or resulting from any Insured's activities as a trustee, partner, officer, director or
employee of any employee trust, charitable organization, corporation, company or business other
than that of the Named Insured;or EL
2. made by any entity, arising out of Covered Operations or Transportation performed for such entity
which:
0
a. is operated, managed or controlled by an Insured or in which any Insured has an
ar
ownership interest which cumulatively exceeds twenty-five percent (25%), or in which 0
any Insured is an officer or director; or r_
b. operates, controls or manages the Named Insured, or has an ownership interest of
more than fifteen percent(15%)in the Named Insured.
cr
E. Discrimination,Humiliation,Harassment and Misconduct
for or arising out of or resulting from any actual or alleged discrimination, humiliation, harassment or
misconduct because of age, color, race, sex, creed, national origin, marital status, sexual preference or
orientation, religion,disability or pregnancy; provided.
F. Assumption of Contractual Liability of Others
arising out of or resulting from the liability of others assumed by the Insured under any contract or
agreement either oral or written,including any hold harmless or indemnity agreements,except:
1. with respect to Insuring Agreement I.A. and LC for liability assumed under a contract or agreement
that is an Insured Contract provided the Pollution Condition and/or Microbial Incident occurs
subsequent to the execution of the contract or agreement; or
2. to the extent the Insured would have been liable in the absence of such contract or agreement.
?; C.C .. r.U1% 8o r..3
Packet Pg. 16751
C.47.c
G. Express Warranties,Representations,Guarantees and Promises
for or arising out of or resulting from:
1. breach of any express warranty or representation except for an agreement to perform within a
reasonable standard of care or skill consistent with applicable industry standards; or
2. a demand for satisfaction of or breach of guarantee or any promises including, without
limitation, cost savings, cost of construction, maximum construction price, financing, profits, or
return on investment.
H. Asbestos/Lead Based Paint
0
either in whole or in part,directly or indirectly, arising out of or resulting from or in consequence of,or in M
any way involving asbestos or lead-based paint, or any materials containing asbestos or lead-based paint
in whatever form or quantity; provided,that this exclusion does not apply to: 0
1. Any Claim arising out of the inadvertent disturbance of asbestos or lead-based paint or materials d
containing asbestos or lead-based paint by or on behalf of an Insured during the performance of
Covered Operations. r
04
Y
8
I. Faulty Workmanship 04
2
under Insuring Agreement I.A. and Insuring Agreement LC arising out of the cost to repair or replace any 0
faulty workmanship performed in whole or in part by any Insured on any construction, erection,
fabrication, installation, assembly, manufacture or remediation, including any materials, parts, labor or
equipment furnished in connection with such repair or replacement. M
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J. Employers Liability and Workers Compensation
for or arising out of or resulting from:
1. Bodily Injury to any employee including Temporary Employees of the Named Insured arising out of
and in the course of:
ar
0
(a) employment by the Named Insured;or
0
(b) performing duties related to the conduct of the Named Insured's business;or
ar
E
2. Bodily Injury to any spouse (or person living together as spouse), child, parent, brother, sister or
U
dependent of the employee as a consequence of 1.above; or
3. the Named Insured's employment obligations,decisions, practices or policies as an employer;or
4. any obligation which the Insured or any carrier as insurer may be liable under any workers
compensation, unemployment compensation or disability benefits law or similar law.
Provided, parts 1.and 2. of this exclusion do not apply to liability assumed by the Insured in a contract or
agreement that is an Insured Contract.
K. Property Liability
a) arising out of or resulting from the Insured's ownership, rental, lease, maintenance, operation, use,
repair, voluntary or involuntary sale,transfer, exchange, gift, abandonment or condemnation of any
real or personal property including without limitation, Automobiles, aircraft, watercraft and other
kinds of conveyances; provided,that this exclusion does not apply to:
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Packet Pg. 16752
C.47.c
1. any Claim which is covered pursuant to Insuring Agreement I.A.of this Policy
arising out of any property the Named Insured has voluntarily or involuntarily sold,
transferred, exchanged, given away, abandoned or that has been condemned
where the Named Insured performed Covered Operations and has never
occupied,used, rented or leased such property;or
2. any Claim which is covered pursuant to Insuring Clause I.B.
b) Arising out of or resulting from any Property Damage to personal property in the care, custody and
control of the Insured.
c) Arising out of or resulting from any Property Damage to aircraft,Auto,watercraft,Automobiles. 0
M
L. Products Liability cr
ii
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arising out of or resulting from the design or manufacture of any goods or products for multiple sales or
mass distribution which are sold or supplied by the Insured or by others under license from the Insured.
M. Employment-related parties r
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Arising out of or resulting from: 04
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1. Refusal to employ,termination of employment, refusal or failure to promote; 0
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2. Employment-related practices, policies, acts or omissions, including but not limited to coercion,
promotion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or
discrimination directed at that person;
3. Labor contract or agreement, or any employee benefit or benefit plan or program, including but not
limited to liability under the National Labor Relations Act, the Labor Management Relations Act,the
Davis Bacon Act, the Employee Retirement Income Security Act of 1974, the Americans with
Disability Act,or any workers' compensation or similar federal or state laws.
N. Transportation,Shipment or Delivery of Waste,Products or Materials 0
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under Insuring Agreement I.A. and Insuring Agreement LC arising out of or resulting from any waste or any 0
products or materials transported, shipped or delivered via watercraft, aircraft, motor vehicle, mobile �
equipment or rolling stock to a location beyond the boundaries of a site at which Covered Operations are
being performed.
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O. Property Damage to Named Insured's Work and Products
under Insuring Agreement I.A.and Insuring Agreement LC for any Property Damage:
1. to work performed by or on behalf of the Named Insured resulting from the work or any portion
thereof,or out of materials,parts or equipment furnished in connection therewith;or
2. to any goods or products which are sold or supplied by the Insured or by others under license
from the Insured resulting from such goods or products or any portion thereof.
P. Patent Infringement
for or arising out of actual or alleged infringement of or misuse of patent, patents rights, trademarks,
service marks, trade names, copyright, software, trade secrets, intellectual property or other similar
rights.
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Packet Pg. 16753
C.47.c
Q. Fungi
Under Insuring Agreement LA and Insuring Agreement 1.13, for, arising out of or resulting from the actual,
potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, molds,
spores or mycotoxins of any kind; any action taken by any party in response to the actual, potential,
alleged or threatened formation, growth, presence, release or dispersal of fungi, molds, spores or
mycotoxins of any kind, such action to include investigating, testing for, detection of, monitoring of,
treating, remediating or removing such fungi, molds, spores or mycotoxins; and any governmental or
regulatory order, requirement, directive, mandate or decree that any party take action in response to the
actual, potential,alleged or threatened formation,growth, presence, release or dispersal of fungi, molds,
spores or mycotoxins of any kind, such action to include investigating, testing for, detection of,
to
monitoring of,treating,remediating or removing such fungi,molds,spores or mycotoxins.
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R. Professional Services
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For, arising out of or resulting from any act, error or omission by or on behalf of the Insured in the 0
provision of professional services.
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S. Fines,Penalties and Assessments
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For punitive or exemplary Damages, or Damages which are a multiple of compensatory Damages, fines,
sanctions, taxes or penalties, or the return of or reimbursement for fees, costs or expenses charged by 04
the Inured.
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T. Explosion and Demolition Hazards
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For Property Damage included within the Explosion Hazard and Demolition Hazard
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U. Pollutants—Premises EL
Any discharge,dispersal, release,seepage, migration, inhalation or escape of smoke,vapors,soot,fumes,
acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or
pollutants on, at, under or emanating from any property, location, structure or site the Insured currently 0
owns or have ever owned,operated or rented.
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V. Storage/treatment/disposal
1. Any storage, disposal or land filling of any hazardous or nonhazardous substances, Microbial
Contaminants or material arising from any site,facility or landfill that is not a site where Covered ar
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Operations are performed.
2. Any Pollution Condition and/or Microbial Incident on, at, under or emanating from any
location to which the Insured or others working directly or indirectly on the Insured's behalf
arranges for, sends or ever have sent materials for treatment, recycling, reclamation, storage or
disposal. Provided, however, that this Exclusion V.2 does not apply to any location to which the
Insured or others working directly or indirectly on the Insured's behalf arranges for, sends or
ever have sent materials for treatment, recycling, reclamation, storage or "disposal" during the
course of performing Covered Operations and that is, as a condition precedent to coverage,
licensed and/or certified by the respective controlling local, state and federal agency(s) and/or
authorities to accept the sent materials and documents the receipt of each shipment of
materials using written and signed manifests.
Packet Pg. '1 554
C.47.c
W. Antitrust
Based upon or arising out of any actual or alleged violation of any federal, state, or local anti-trust,
restraint or trade, unfair competition, or price fixing law, or any rules or regulations promulgated
thereunder.
X. In relation to Insuring Agreement I.B:
1. Arising out of or resulting from any Pollution Condition commencing prior to Transportation or
after Transportation has been completed. This exclusion does not apply to Loading and
Unloading.
2. Arising out of or resulting from the delivery of any waste or any product or materials into the 0
wrong receptacle or to the wrong address, or the delivery of any type of waste, product, or M
material in error for another.
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3. Arising out of or resulting from the disposal of Pollutants, including but not limited to liability
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under the Superfund Amendments and Reauthorization Act of 1986 or any other similar law or d
regulation.
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4. Arising out or resulting from any Auto collision with another Auto caused by the discharge,
dispersal, release or escape of Pollutants. 04
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5. Arising out of any Auto collision with an object caused by the discharge, dispersal, release or 0
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escape of Pollutants. (r
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6. Arising out of any Auto overturn caused by the discharge, dispersal, release or escape of
Pollutants. U)
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7. Arising out of or resulting from any intentional, willful or deliberate failure by any Insured to d
comply with any law or regulation applicable to the transportation of Pollutants, including but
not limited to those issued by the Federal Department of Transportation, the Environmental
Protection Agency or any State Department of Transportation or governmental unit having 0
jurisdiction over such activity.
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V. LIMITS OF LIABILITY �
A. Contractors Pollution Liability
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The Limit of Liability stated in Item 3.A (1) of the Declarations for each Claim is the maximum limit of cr
Underwriters' liability for Damages and Claims Expenses arising out of each Claim.
B. Transportation Pollution Liability
The Limit of Liability stated in Item 3.A (2) of the Declarations for each Claim is the maximum limit of
Underwriters' liability for Damages and Claims Expenses arising out of each Claim.
C. Microbial Liability
The Limit of Liability stated in Item 3.A (3) of the Declarations for each Claim is the maximum limit of
Underwriters' liability for Damages and Claims Expenses arising out of each Claim.
D. Total Aggregate Limit
The Limit of Liability stated in Item 3.B of the Declarations is the maximum General Aggregate Limit that
Underwriters will pay for the sum of Damages and Claims Expenses under Insuring Agreement I.A, B and C.
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E. Extended Reporting Period
The Limit of Liability for the Extended Reporting Period shall be part and not in addition to the Limit of
Liability of the Underwriters for the Policy Period.
F. Claims Expenses
Claims Expenses are part and not in addition to the Limit of Liability. The payment of Claims Expenses will
reduce and may exhaust the Limit of Liability.
VI. DEDUCTIBLE
A. The "Each Claim Deductible" stated in Item 4. of the Declarations applies separately to each Claim. The Each
Claim Deductible shall be satisfied by monetary payments by the Named Insured of Damages and Claims _
Expenses resulting from Claims first made during the Policy Period and the Extended Reporting Period (if
0
applicable) and reported to the Underwriters pursuant to the terms of this Policy. Satisfaction of the Each
Claim Deductible is a condition precedent to the payment by the Underwriters of any amounts hereunder,
and the Underwriters shall be liable only for the amounts in excess of the Each Claim Deductible subject to
the Underwriters total liability not exceeding the Limits of Liability stated in Item 3 of the Declarations. The
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Named Insured shall make direct payments within the Each Claim Deductible to appropriate other parties
designated by the Underwriters. 04
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B. The Deductible is to be uninsured, unless otherwise agreed to by the Underwriters. 0
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C. Any payments by the Named Insured in satisfaction of its deductible obligations under any other valid and
collectible insurance shall not satisfy the Each Claim Deductible under this Policy. M
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VII. INNOCENT INSURED
Whenever coverage under this Insurance would be excluded, suspended or lost because of Exclusion IV.1.A
relating to criminal, dishonest, intentional, fraudulent, malicious, willful or knowing acts, errors or omissions by
any Insured,and with respect to which any other Insured did not personally participate or personally acquiesce or
0
remain passive after having personal knowledge thereof, then the Underwriters agree that such insurance as
would otherwise be afforded under this Policy shall cover and be paid with respect to those Insureds who did not 0
personally commit or personally participate in committing or personally acquiesce in or remain passive after
0
having personal knowledge of one or more of the acts,errors or omissions described in Exclusion IV.1.A.
This provision is inapplicable to any Claim or Circumstance against the Named Insured arising from acts, errors or
omissions known to any present or former principal,partner,director or officer of the Named Insured.
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With respect to this provision, the Underwriters obligation to pay in such event shall only be in excess of the full d
extent of any recoverable assets of any Insured to whom Exclusion IV.1.A. applies and shall be subject to the
terms,conditions and limitations of this Policy.
VIII.NOTICE OF CLAIM OR ORCUMSTANCE
A. If any Claim is made against an Insured,the Insured shall forward as soon as practicable to the Underwriters
through the persons named in Item 8.(1) of the Declarations written notice of such Claim in the form of a
facsimile, email or express or certified mail together with every demand, notice, summons or other process
received by the Insured or the Insured's representative, but in no event later than sixty (60) days after the
expiration of the Policy Period or during the Extended Reporting Period, if purchased.
B. If during the Policy Period the Insured or any director, officer, principal, partner, insurance manager or any
member of the risk management or legal department of the Named Insured first becomes aware of any
Circumstance and gives written notice to the Underwriters in the form of a facsimile, email or express or
Packet Pg. 16756
C.47.c
certified mail through persons named in Item 8.(1)of the Declarations as soon as practicable during the Policy
Period of:
a. the specific details of the Pollution Condition and/or Microbial Incident in the provision of, Covered
Operations or Transportation that gave rise to the Circumstance;
b. the injury or damage which may result or has resulted from the Circumstance;and
c. the facts by which such director, officer, principal, partner, insurance manager or any member of the
risk management or legal department of the Named Insured first became aware of the Pollution
Condition and/or Microbial Incident.
then any subsequent Claim made against the Insured arising out of such Circumstance which is the specific 0
subject of the written notice will be deemed to have been made at the time written notice complying with M
the above requirements was first given to the Underwriters.
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C. A Claim shall be considered to be reported to the Underwriters when written notice is first received by the
EL
Underwriters in the form of a facsimile,email or express or certified mail through persons named in Item 8.(1)
of the Declarations of the Claim or of a Circumstance if provided in compliance with Clause B.above.
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D. All Claims arising out of the same Pollution Condition and/or Microbial Incident shall be considered a single
Claim and deemed to have been made at the time the first of the related Claims is reported to Underwriters. 04
Such related Claims shall be subject to the Limit of Liability stated in Item 3 of the Declarations.
0
E. If the Insured shall make any Claim under this Policy knowing such Claim to be false or fraudulent, as regards
amount or otherwise,this Policy shall become null and void and all coverage hereunder shall be forfeited.
IX. EXTENDED REPORTING PERIOD U)
A. If this Policy is cancelled or non-renewed by the Underwriters or by the Named Insured, then the Named d
Insured shall have the right, upon payment of an additional premium calculated at that percentage shown in
Item 7.(a)of the Declarations of the total premium for this Policy,to an extension of the coverage granted by
this Policy with respect to any Claim first made against any Insured and reported in writing to the
0
Underwriters during the period of time set forth in Item 7.(b) of the Declarations after the end of the Policy
Period, but only with respect to any Pollution Condition and/or Microbial Incident arising on or after the 0
Retroactive Date and before the effective date of cancellation or non-renewal.
0
B. As a condition precedent to the right to purchase the Extended Reporting Period,the total premium for this
Policy must have been paid. The right to purchase the Extended Reporting Period shall terminate unless ar
written notice together with full payment of the premium for the Extended Reporting Period is given to the
Underwriters within sixty(60) days after the effective date of cancellation or non-renewal. If such notice and
premium payment is not so given to the Underwriters, there shall be no right to purchase the Extended d
Reporting Period.
C. In the event of the purchase of the Extended Reporting Period, the entire premium for the Extended
Reporting Period shall be deemed earned at its commencement.
D. The Limit of Liability for the Extended Reporting Period shall be part of and not in addition to the Limit of
Liability of the Underwriters for the Policy Period.
E. The offer of renewal terms, conditions or premiums different from those in effect prior to renewal shall not
constitute a refusal to renew for purposes of this Clause.
Packet Pg. 16757
C.47.c
X. ASSISTANCE AND COOPERATION OF THE INSURED
The Insured shall cooperate with the Underwriters in all investigations, including investigations regarding the
Application for and coverage under this Policy. The Insured shall execute or cause to be executed all papers and
render all assistance as is requested by the Underwriters. The Insured agrees not to take any action which in any
way increases the Underwriters exposure under the Policy.
Upon the Underwriters request, the Insured shall assist in making settlements, in the conduct of suits and in
enforcing any right of contribution or indemnity against any person or organization who may be liable to the
Insured because of Pollution Conditions and/or Microbial Incidents with respect to which insurance is afforded
to
under this Policy; and the Insured shall attend hearings and trials and assist in securing and giving evidence and
obtaining the attendance of witnesses. 0
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The Insured shall not admit liability, make any payment, assume any obligations, incur any expense (including, but ��—
not limited to, any Claims Expenses or Cleanup Costs), enter into any settlement, stipulate to any judgment or 0
award or dispose of any Claim without the written consent of the Underwriters.
Expenses incurred by the Insured in assisting and cooperating with the Underwriters, as described above, do not _
constitute Claims Expenses and are not reimbursable under the Policy. r
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04
i. REPRESENTATIONS
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By acceptance of this Policy, all Insureds agree that the statements contained in the Declaration and Application c-
are their agreements and representations, that they shall be deemed material to the risk assumed by the
Underwriters,and that this Policy is issued in reliance upon the truth thereof.
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This Policy,the Declarations,the Application and any written endorsement attached hereto shall be
deemed to be a singly unitary contract.
II. OTHER INSURANCE
This Insurance shall apply in excess of: U
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1. any other valid and collectible insurance available to any Insured, including, but not limited to, any
project specific professional liability and/or contractors pollution liability insurance; and
2. any self insured retention or deductible portion thereof W
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unless such other insurance is written only as specific excess insurance over the Limit of Liability of this Policy.
III.ASSIGNMENT
The interest hereunder of any Insured is not assignable. If an Insured shall die or be adjudged incompetent, such
insurance shall cover that Insured's legal representative as the Insured as would be permitted by this Policy.
IV.CANCELLATION AND NON=RENEWAL
A. The Named Insured may cancel this Policy by surrender thereof to the Underwriters, or by mailing to the
Underwriters written notice stating when thereafter such cancellation shall be effective. The mailing of
such notice shall be sufficient notice and the effective date of cancellation stated in the notice shall
become the end of the Policy Period. Delivery of such written notice shall be equivalent to mailing.
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Packet Pg. 16758
C.47.c
B. The Underwriters may cancel this Policy by mailing or delivering to the Named Insured at the address
shown in the Declarations written notice stating when, not less than sixty (60) days thereafter, such
cancellation shall be effective. However, if the Underwriters cancel this Policy because the Insured has
failed to pay a premium when due, this Policy may be cancelled by the Underwriters by mailing or
delivering a written notice of cancellation to the Named Insured at the address shown in the Declarations
stating when not less than ten (10) days thereafter such cancellation shall be effective. The notice of
cancellation shall state the reason for cancellation. The mailing of such notice shall be sufficient notice
and the effective date of cancellation stated in the notice shall become the end of the Policy Period.
Delivery of such written notice by the Underwriters shall be equivalent to mailing
C. If this Policy is cancelled pursuant to A. hereinabove, the Underwriters shall retain the short rate portion
of the premium hereon calculated in accordance with the Short Rate Cancellation Table set forth in 0
Clause XXXI. of this Policy. If this Policy is cancelled pursuant to B. hereinabove, the Underwriters shall M
retain the pro rata portion of the premium hereon. Payment or tender of any unearned premium by the
Underwriters shall not be a condition precedent to the effectiveness of cancellation. 0
D. If the Underwriters decide not to renew this Policy,the Underwriters shall mail or deliver written notice d
to the Named Insured at the address shown in the Declarations at least sixty(60) days before the end of
the Policy Period. The notice of nonrenewal shall state the reason for nonrenewal. r
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XV. MERGERS AND ACQUISITIONS 04
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A. If during the Policy Period, the Named Insured acquires another entity for whom more than fifty percent 0
(50%) of the outstanding securities representing the present right to vote for the election of such entity's ar
directors are owned by the Named Insured, then no Insured shall have coverage under this Policy for any
Claim that arises out of any Pollution Condition and/or Microbial Incident whether arising either before or
after such acquisition: N
1. by the acquired entity or any person employed by the acquired entity;or
2. involving or relating to the assets or liabilities of the acquired entity.
0
The foregoing provision shall not apply if the Named Insured gives the Underwriters written notice within
sixty (60) days after the effective date of the acquisition, obtains the written consent of the Underwriters to 0
extend coverage to such additional entities, assets or exposures, and agrees to pay any additional premium
0
required by the Underwriters.
B. If during the Policy Period the Named Insured consolidates or merges with another entity such that the
Named Insured is not the surviving entity, is acquired by another entity, or sells substantially all of its assets
to any other entity, then coverage under this Policy shall not apply to Pollution Conditions and/or Microbial
Incidents arising subsequent to such consolidation, merger or acquisition. The Named Insured shall provide
written notice of such consolidation, merger or acquisition to the Underwriters as soon as practicable,
together with such information as the Underwriters may require.
All notices and premium payments made under this section shall be directed to the Underwriters through the
entity named in Item 8.(2)of the Declarations.
XVI.ACTION AGAINST UNDERWRITERS
No action shall lie against the Underwriters unless, as a condition precedent thereto, the Insured shall have fully
complied with all of the terms of this Policy, nor until the amount of the Insured's obligation to pay shall have
been fully and finally determined either by judgment against them or by written agreement between them, the
claimant and the Underwriters. Nothing contained herein shall give any person or organization any right to join
the Underwriters as a party to any Claim against the Insured to determine their liability, nor shall the
Underwriters be impleaded by the Insureds or their legal representative in any Claim.
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C.47.c
VIL SUBROGATION
In the event of any payment under this Insurance,the Underwriters shall be subrogated to all the Insureds' rights
of recovery therefore against any person or organization, and the Insured shall execute and deliver instruments
and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing to prejudice
such rights. The Underwriters agree to waive its rights of recovery against any client of the Named Insured for a
Claim to the extent the Named Insured had, prior to such Claim, a written agreement to waive such rights. Any
recoveries shall be applied first to subrogation expenses, second to Damages and Claims Expenses paid by the
Underwriters, and third to the Each Claim Deductible. Any additional amounts recovered shall be paid to the
Named Insured.
VIII. ENTIRE AGREEMENT 0
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By acceptance of this Policy, all Insureds agree that this Policy embodies all agreements existing between them
and the Underwriters relating to this Insurance. Notice to any agent or knowledge possessed by any agent or by 0
any other person shall not effect a waiver or a change in any part of this Policy or stop the Underwriters from
asserting any right under the terms of this Policy; nor shall the terms of this Policy be waived or changed, except d
by written endorsement issued to form a part of this Policy,signed by the Underwriters.
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XI .VALUATION AND CURRENCY C�
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All premiums, limits,deductibles, Damages and other amounts under this Policy are expressed and payable in the 2
currency of the United States. If judgment is rendered, settlement is denominated or another element of
Damages under this Policy is stated in a currency other than United States dollars or if Claims Expenses are paid in
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a currency other than United States dollars, payment under this Policy shall be made in United States dollars at
the rate of exchange published in the Wall Street Journal on the date the judgment becomes final or payment of
the settlement or other element of Damages is due or the date such Claims Expenses are paid.
X, BANKRUPTCY
Bankruptcy or insolvency of the Insured shall not relieve the Underwriters of their obligations nor deprive the
Underwriters of its rights or defenses under this Policy. 0
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XI.AUTHORISATION 0
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By acceptance of this Policy, the Insureds agree that the Named Insured will act on their behalf with respect to
the giving and receiving of any notice provided for in this Policy,the payment of premiums and the receipt of any
return premiums that may become due under this Policy, and the agreement to and acceptance of endorsements.
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XIL SINGULAR FORM OF A WORD �
Whenever the singular form of a word is used herein,the same shall include the plural when required by context.
XIII. HEADINGS
The descriptions in the headings and subheadings of this Policy are solely for convenience,and form no part of the
terms and conditions of coverage.
XIV. NUCLEAR EXCLUSION
The insurance provided by this Policy does not apply:
A. To injury sickness,disease,death or destruction
Packet Pg. 16760
C.47.c
(i) with respect to which an Insured under this Policy of insurance is also an Insured under a
nuclear energy liability insurance issued by Nuclear Energy Liability Insurance Association,
Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada or
would be an Insured under any such insurance but for its termination upon exhaustion of its
limits of liability;or
(ii) resulting from the hazardous properties of nuclear material and with respect to which (i)any
person or organization is required to maintain financial protection pursuant to the Atomic
Energy Act of 1954, or any law amendatory thereof, or (ii) the Insured is, or had this
insurance 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.
0
B. Under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses M
incurred with respect to Bodily Injury, sickness, disease or death resulting from the hazardous properties of
nuclear material and arising out of the operation of a nuclear facility by any person or organization. 0
C. To injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, d
if
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i. the nuclear material (i) is at any nuclear facility owned by,or operated by or on behalf of,an 04
Insured or(ii) has been discharged or dispersed there from; 04
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ii. the nuclear material is contained in spent fuel or waste at any time possessed, handled, 0
used,processed,stored,transported or disposed of by or on behalf of an Insured;or
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iii. the injury, sickness, disease, death or destruction arises out of the furnishing by an Insured
of services, materials, parts or equipment in connection with the planning, construction, sin
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 injury to or destruction of property at such nuclear facility.
D. As used in this Section: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear
material" means source material, special nuclear material or by-product material; "source material", "special C?
nuclear material" and "by-product material" have the meanings given them in the Atomic Energy Act of 1954
or in any law amendatory thereof, "spent fuel" means any fuel element or fuel component, solid or liquid,
which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (i)
containing by-product material and (ii) resulting from the operation by any person or organization of any
nuclear facility under paragraph(1)or(2)thereof; "nuclear facility" means
E
i. any nuclear reactor,-
ii. any equipment or device designed or used for (i) separating the isotopes of uranium or
plutonium, (ii) processing or utilizing spent fuel, or (iii) handling, processing or packaging
waste;
iii. any equipment or device used for the processing, fabricating or alloying of special nuclear
material if any time the total amount of such material in the custody of the Insured at the
premises were such equipment or device is located consists of or contains more than 25
grams of plutonium or uranium 233 of any combination thereof, or more than 250 grams of
uranium 235; or
iv. any structure, basin, excavation, premises or place prepared or used for the storage or
disposal of waste;
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Packet Pg. 16761
C.47.c
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 self-supporting chain reaction or to contain a critical mass of fissionable material. With
respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms or
radioactive contamination of property.
It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this
Section is subject to the terms, exclusions, conditions and limitations of the insurance to which it is
attached.
XV. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE—LIABILITY—DIRECT(USA)
0
In relation to liability arising outside the USA, its Territories or Possessions, Puerto Rico or the Canal Zone, this
Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or
arising from ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste
from the combustion of nuclear fuel.
XVI. WAR AND TERRORISM EXCLUSION
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Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that
04
this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by,
resulting from or in connection with any of the following regardless of any other cause or event contributing .2
concurrently or in any other sequence to the loss; CL
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(1) war, invasion, acts of foreign enemies, hostilities or warlike operations(whether war be declared or not),
civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting
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to an uprising,military or usurped power; or
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(2) any act of terrorism.
For the purpose of this clause, an act of terrorism means an act, including but not limited to the use of force or
violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or
in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar 0
purposes including the intention to influence any government and/or to put the public, or any section of the
0
public, in fear.This clause also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly
caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any
way relating to(1)and/or(2) above.
If the Underwriters allege that by reason of this exclusion,any loss,damage, cost or expense is not covered by this
insurance the burden of proving the contrary shall be upon the Assured.
In the event any portion of this clause is found to be invalid or unenforceable, the remainder shall remain in full
force and effect.
XVILUS TERRORISM RISK INSURANCE ACT OF 2002 AS AMENDED CLAUSE
It is hereby noted and agreed with effect from inception that the Terrorism exclusion to which this Insurance is
subject, shall not apply to any "insured loss" directly resulting from any "act of terrorism" as defined in the "U.S.
Terrorism Risk Insurance Act of 2002",as amended("TRIA").
The coverage afforded by this clause is only in respect of any "insured loss" of the type insured by this Insurance
directly resulting from an "act of terrorism" as defined in TRIA. The term "act of terrorism" means any act that is
certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of
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C.47.c
the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life,
property; or infrastructure; to have resulted in damage within the United States, or outside the United States in
the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an
individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence
the policy or affect the conduct of the United States Government by coercion. The coverage provided by this
Clause shall expire at 12:00 midnight December 31, 2014, the date on which the TRIA Program is scheduled to
terminate or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which
arise after the earlier of these dates. The Terrorism exclusion, to which this Insurance is subject, applies in full
force and effect to any other losses and any act or events that are not included in said definition of "act of
terrorism".
YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY CERTIFIED ACTS OF
TERRORISM IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL
LAW. HOWEVER,YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECTYOUR COVERAGE,SUCH M
AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THIS FORMULA, THE UNITED STATES PAYS 85% OF COVERED ��—
TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURER(S) PROVIDING
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THE COVERAGE.YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT,AS AMENDED CONTAINS
A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR
LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE
CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEEDS $100
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BILLION,YOUR COVERAGE MAY BE REDUCED.THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW
AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT 04
UNDER THE ACT.
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This Clause only affects the Terrorism exclusion to which this Insurance is subject. All other terms, conditions,
insured coverage and exclusions of this Insurance including applicable limits and deductibles remain unchanged
and apply in full force and effect to the coverage provided by this Insurance.
Furthermore the Underwriter(s) will not be liable for any amounts for which they are not responsible under the
terms of TRIA (including subsequent action of Congress pursuant to the Act) due to the application of any clause
which results in a cap on the Underwriter's liability for payment for terrorism losses.
XXVIII. SERVICE OF SUIT
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It is agreed that in the event of the failure of the Underwriters hereon to pay any amount claimed to be due under ar
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this insurance,the Underwriters hereon, at the request of the Named Insured,will submit to the jurisdiction of a
court of competent jurisdiction within the United States. This Condition does not constitute and should not be
understood to constitute an agreement by the Underwriters that an action is properly maintained in a specific
forum, nor may it be construed as a waiver of the Underwriters' rights to commence an action in a court of
competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a
transfer of a case to another court as permitted by the laws of the United States or of any state of the United
States, all of which rights the Underwriters expressly reserve. It is further agreed that service of process in such
suit may be made upon the designated entity in Item 10 of the Declarations,and that in any Suit instituted against
any one of them upon this policy,the Underwriters will abide by the final decision of such court in the event of an
appeal.
The Entity designated in Item 10 of the Declarations is authorized and directed to accept service of process on
behalf of the Underwriters in any such Suit and/or upon the request of the Named Insured to give written
undertaking to the Named Insured that they will enter a general appearance upon Underwriters' behalf in the
event such a Suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the
United States which makes provision therefore, the Underwriters hereon hereby designate the Superintendent,
Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or
successors in office, as his or her true and lawful attorney upon whom may be served any lawful process in any
action, Suit or proceedings instituted by or on behalf of the Named Insured or any beneficiary hereunder arising
out of this policy, and hereby designates the Entity, designated in Item 10 of the Declarations, as the person to
whom the said officer is authorized to mail such process or a true copy thereof.
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C.47.c
XI » CHOICE OF LAW
This insurance shall be governed and construed in accordance with the laws of New York.
X . SEVERAL LIABILITY
The liability of the insurer under this policy is several and not joint with other insurers party to this policy. An
insurer is liable only for the proportion of liability it has underwritten. An insurer is not jointly liable for the
proportion of liability underwritten by any other insurer. Nor is an insurer otherwise responsible for any liability of
any other insurer that may underwrite this policy. to
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The proportion of liability under this policy underwritten by an insurer (or, in the case of a Lloyd's syndicate, the
total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its cr
stamp.This is subject always to the provision concerning"signing" below. ii
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In the case of a Lloyd's syndicate, each member of the syndicate (rather than the syndicate itself) is an insurer.
Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total
of the proportions underwritten by all the members of the syndicate taken together).The liability of each member
of the syndicate is several and not joint with other members. A member is liable only for that member's
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proportion. A member is not jointly liable for any other member's proportion. Nor is any member otherwise
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responsible for any liability of any other insurer that may underwrite this policy. The business address of each >,
member is Lloyd's, One Lime Street, London EC3M 7HA.The identity of each member of a Lloyd's syndicate and 2
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their respective proportion may be obtained by writing to Market Services, Lloyd's,at the above address.
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Proportion of liability
Unless there is"signing" (see below),the proportion of liability under this policy underwritten by each insurer(or, sin
in the case of a Lloyd's syndicate, the total of the proportions underwritten by all the members of the syndicate
taken together) is shown next to its stamp and is referred to as its"written line".
Where this policy permits, written lines, or certain written lines, may be adjusted ("signed"). In that case a
schedule is to be appended to this policy to show the definitive proportion of liability under this policy
underwritten by each insurer (or, in the case of a Lloyd's syndicate, the total of the proportions underwritten by C?
all the members of the syndicate taken together). A definitive proportion (or, in the case of a Lloyd's syndicate,
the total of the proportions underwritten by all the members of a Lloyd's syndicate taken together) is referred to
as a "signed line".The signed lines shown in the schedule will prevail over the written lines unless a proven error
in calculation has occurred.
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Although reference is made at various points in this clause to "this policy" in the singular, where the
circumstances so require this should be read as a reference to contracts in the plural.
X I. SHORT RATE CANCELLATION TABLE
Notwithstanding anything to the contrary contained herein and in consideration of the premium for which this
Insurance is written it is agreed that in the event of cancellation thereof by the Insured the Earned Premium shall
be computed as follows:
SHORT RATE CANCELLATION TABLE
A. For insurances written for one year:-
Days Percent. Days Percent.
Insurance in of One Insurance of One
Force Year in Force Year
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C.47.c
Premium Premium
1- 73 ................................... 30 206-209 ....................................... 66
74- 76 ................................... 31 210-214 (7 months).................... 67
77- 80 ................................... 32 215-218 ....................................... 68
81- 83 ................................... 33 219-223 ....................................... 69
84- 87 ................................... 34 224-228 ....................................... 70
88- 91 (3 months)................. 35 229-232 ....................................... 71
92- 94 ................................... 36 233-237 ....................................... 72
95- 98 ................................... 37 238-241 ....................................... 73
99-102 ................................... 38 242-246 (8 months).................... 74
103-105 39 247-250 75
106-109 ................................... 40 251-255 ....................................... 76 0
110-113 ................................... 41 256-260 ....................................... 77
114-116 ................................... 42 261-264 ....................................... 78 cr
117-120 43 265-269 79
121-124 (4 months)................. 44 270-273 (9 months).................... 80
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125-127 ................................... 45 274-278 ....................................... 81
128-131 ................................... 46 279-282 ....................................... 82 _
132-135 ................................... 47 283-287 ....................................... 83 r
136-138 48 288-291 84
139-142 49 292-296 85 04
143-146 ................................... 50 297-301 ....................................... 86 U
147-149 ................................... 51 302-305 (10 months)................... 87 0
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150-153 (5 months)................. 52 306-310 ....................................... 88
154-156 ................................... 53 311-314 ....................................... 89
157-160 54 315-319 90 �
161-164 55 320-323 91 N
165-167 ................................... 56 324-328 ....................................... 92
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168-171 ................................... 57 329-332 ....................................... 93
172-175 ................................... 58 333-337 (11 months)................... 94
176-178 ................................... 59 338-342 ....................................... 95
179-182 (6 months)................. 60 343-346 ....................................... 96 0
183-187 61 347-351 97
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188-191 ................................... 62 352-355 ....................................... 98 0
192-196 63 356-360 99
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197-200 ................................... 64 361-365 (12 months)................... 100
201-205 ................................... 65
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B. For Insurances written for more or less than one year:- cr
1. If insurance has been in force for 12 months or less, apply the standard short rate table for annual
insurances to the full annual premium determined as for an insurance written for a term of one year.
2. If insurance has been in force for more than 12 months:
(a) Determine full annual premium as for an insurance written for a term of one year.
(b) Deduct such premium from the full insurance premium, and on the remainder calculate the pro
rata Earned Premium on the basis of the ratio of the length of time beyond one year the insurance
has been in force to the length of time beyond one year for which the insurance was originally
written.
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Packet Pg. 16765
C.47.c
(c) Add premium produced in accordance with items (a) and (b) to obtain Earned Premium during
full period insurance has been in force.
Furthermore and notwithstanding the foregoing, Underwriters shall retain the total premium for this Policy, such
total premium to be deemed earned upon inception of the Policy if any Claim or Circumstance is reported to
Underwriters under this Policy on or before such date of cancellation.
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