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18-001 Garrod Trust CITY OF No. dL'19 - I(:Z FY2018-21 CUPERTINO RECREATION SERVICES AGREEMENT 1. Parties.This contract is made and entered into as of 7/1/2018 ("Effective Date"),by and between the City of Cupertino, a municipal corporation ("City"), and with GARROD TRUST, ("Contractor"), a TRUST for HORSEBACK RIDING CAMPS AND CLASSES. 2. Services.Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A. 3. Term. This contract begins on the Effective Date and ends on 6/30/2021 ("Contract Time"),unless extended or terminated as provided herein.Time is of the essence and Contractor must have sufficient time,resources, and qualified staff to deliver the Services as required. Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. 4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based upon actual costs but that will be capped so as not to exceed$80,000("Contract Price"),based upon the Scope of Services,budget,performance schedule,and rates included in Exhibit A. The maximum compensation includes all costs, expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount.Contractor must submit invoices and the information required in Exhibit A in order to receive payment. City will compensate Contractor within 30 days after approval of written invoices. Invoices are subject to review and audit by City during regular business hours upon 24-hours' notice. Contractor must maintain complete and accurate records of payrolls, expenditures, disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four(4)years from the date of final payment. 5. Independent Contractor.Contractor is an independent Contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement.No civil service status or other right of employment will be acquired by virtue of Contractor's performance of the Services. Contractor is not entitled to City's health benefits, worker's compensation or any other benefit. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner. Contractor will supply all tools, materials and equipment required to perform the Services under this Contract. Contractor is responsible for obtaining permits and licenses required by law and must obtain a City business license. Recreation Services Agreement/3-27-2018 Page 1 of 6 6. Proprietary/Confidential Information.To the extent Contractor may have access to private or confidential information owned or controlled by the City, Contractor agrees to treat it confidential and use it solely to perform this Agreement. Contractor must exercise the same standard of care to protect City information as a reasonably prudent Contractor would use to protect its own proprietary data. 7. Ownership of Materials.To the extent Contractor prepares written material, drawings or data in connection with this contract, City will have the property rights to those materials and all copyrights,if any,to such work product will constitute City property. 8. Records.Contractor must maintain complete,accurate,and detailed accounting records relating to its performance in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Contractor's services,benchmarks, deliverables and costs/fees,and must be made reasonably available to City.The records and supporting documents must be kept separate from other files and maintained for four years from the date of City's final payment. 9. Assignment.This Contract is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Contract without prior written approval of City.Only those persons whose names are included in Exhibit A may perform the Services. 10. Publicity and Signs.Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one year thereafter must reference City contributions. The words "City of Cupertino" shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted,exhibited or displayed on or about City property,except signage required by law or under this Agreement without prior written approval from City. 11. Indemnification.To the fullest extent allowed by law and except for losses caused by the sole negligence or willful misconduct of City personnel, Contractor agrees to indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and Contractors (collectively, "Indemnitees"), through legal counsel acceptable to City, from and against any liability for damages, claims, actions, causes of action, demands,charges,losses,costs and expenses(including attorney fees,legal costs and expenses related to litigation,arbitrations,administrative and regulatory proceedings),of every nature,arising out of or in any way related to Contractor's or Contractor's agents performance of this contract or the Services. This includes but is not limited to Liability resulting in personal injury, death, property damage, or economic losses. Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City.Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract. 12. Insurance.Contractor shall comply with the insurance requirements in Exhibit B. City will not execute the Agreement until it has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. Alternatively, City in its sole Recreation Services Agreement/3-27-2018 Page 2 of 6 discretion may purchase insurance and deduct the costs from payments to Contractor,or terminate the contract. 13. Compliance with Laws and Other City Requirements. Requirements for all Contracts. This contract is subject to local, state and federal laws and regulations prohibiting discrimination,including Title VII of the Civil Rights Act of 1964,the California Fair Employment Practices Act,the Americans with Disabilities Act of 1990,and other laws that pertain to fair employment and anti-discrimination practices. Contractor must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations.If Contractor does not have employees,it must sign the Affidavit of No Employees, attached as Exhibit C. Contractor is responsible for verifying employment eligibility of employees pursuant to the Immigration Reform and Control Act of 1986. Contractor must comply with conflict of interest laws and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be required to file a conflict of interest form for engaging in governmental decisions or serving in a staff capacity,and is hereby advised to review the requirements of California Political Reform Act and the California Code of Regulations. Services may only be performed by persons who are not employed by City and who do not have a contractual relationship with City other than this contract. Contractor agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. Additional Requirements for Services Provided to Minors: Contractor and its employees who provide services under this Agreement must comply with these additional requirements: A. Undergo fingerprinting and a criminal background check and verify all employees providing services under this contract have met this requirement. B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D. C. Comply with the Mandatory Reporting under California Penal Code 11164-11174.3 and with the protocols, reporting, and training required under California Health and Safety Code Section 124235, AB2007, and other laws pertaining to concussion evaluation, removal from play, and return to play protocols. (Refer to Center for Disease Control & Prevention, https://ww�w.cdc.gov/head sup/index.htrnl�. D. Submit required forms and acknowledgments included in Exhibit D, and ensure its each participant is provided with a concussion information sheet, signs and returns the forms to the City as required by Health and Safety Code Section 124235. Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant. Contractor shall offer training, educational materials, or both to each Contractor administrator on a yearly basis. (Training resources are available at the Center for Disease Control&Prevention(link cited above). E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth in the Recreation&Community Services Instructor Manual. Check one(if applicable): Recreation Services Agreement/3-27-2018 Page 3 of 6 X This contract requires services for children. ❑ This contract currently does not require services for children. If in the future, services for children are required, the contract will require a'written amendment' to include the appropriate insurance coverages as required in'Exhibit B—Insurance Requirements for Recreation Contracts', proof of finger printing and additional requirements under Paragraph 13. The contract amendment will also require the approval of the Director of Recreation and Community Services and City Attorney. 14. Coordination of Services. The Parties designate the following persons as Services Coordinators with the responsibility to oversee the delivery of Services in accordance with the terms of this Agreement. Contractor's designation and any substitution are subject to City approval. For City: For Contractor: Name:Jeff Ordway Name:Vicky Bosworth Position:Recreation Coordinator Position: Office Manager Contact:jeffo(j'cupertino.org 408-777-3327 Contact: 15. Abandonment. City may abandon or postpone the Activity or Program and will notify Contractor as soon as possible. Contractor will be paid for satisfactory Services rendered through the date of abandonment upon submission of final invoices approved by City. 16. Termination. City may terminate this contract for cause or without cause at any time and will notify Contractor as soon as possible.Contractor will be paid for satisfactory services rendered through the date of termination upon submission of final invoices approved by City. 17. Governing Law,Venue and Dispute Resolution.This contract is governed by the laws of the State of California. Any legal actions or proceedings filed against City in connection with this contract must comply with the government claims filing requirements and must be filed with the Superior Court for the County of Santa Clara, State of California. At City's request, Contractor is required to continue to provide Services pending resolution of any dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. Attorney Fees. If City is required to pursue litigation,arbitration or other administrative or regulatory proceeding to enforce its rights or the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.This Section survives this Agreement. 19. Third Party Beneficiaries.There are no third party beneficiaries under this Contract. Recreation Services Agreement/3-27-2018 Page 4 of 6 20. Waiver.Neither acceptance of Services nor payment thereof constitutes a waiver of any contract provision. City waiver of a breach shall not constitute waiver of another term, provision, covenant or condition,or a subsequent breach,whether of the same or a different character. 21. Entire Agreement.This Agreement and all referenced Exhibits are hereby attached and incorporated into the Agreement by this reference and represent the full and complete understanding as to those matters contained herein,and supersede any other contract or understanding,either oral or written,between the Parties.This Agreement may not be modified or amended except in writing signed by both Parties.If there is any inconsistency between the main contract and any attachments or exhibits thereto,the main contract shall prevail. 22. Inserted Provisions.Each provision or clause required by law or this contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. Headings. The headings are for convenience only and are not a part of the contract or intended to affect,limit or amplify the terms or provisions of this Agreement. 24. Severability/Partial Invalidity.If any contract term or provision, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling.All other contract terms and provisions and their application to specific situations will remain in full force and effect. 25. Survival.All provisions which by their nature must continue after the Agreement ends, including without limitation Indemnification,Insurance, Ownership of Materials,Records, Governing Law and Attorney Fees,will survive the expiration or termination of this Agreement. 26. Notices.All notices and instruments pertaining to material provisions of this contract or significant disputes which are required by law or under this contract to be in writing must be sent to the persons listed below. The notices will be deemed effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission. To City of Cupertino: To Contractor: Office of the City Manager 10300 Torre Ave., Cupertino CA 95014 cc:Representative/Coordinator: cc:Representative/Coordinator: Vicky Bosworth Jeff Ordway Email: Email: ieffo@cupertino.org Recreation Services Agreement/3-27-2018 Page 5 of 6 27. Validity of Contract. This contract is valid and enforceable only if it complies with the provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, is signed by the City Manager or authorized designee, and is approved for form by the City Attorney's Office. 28. Execution. The person executing this contract on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to execute this contract and to carry out all actions and services required. This contract constitutes a legally binding obligation of Contractor, and may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF,the parties have caused this contract to be executed. CONTRACTOR CITY OF CUPERTINO GA iR'ROD TRUST A Municipal Corporation By By Name V i�To►Zi/} G- l�vSw of�-- Name(-' /v7A #a,1,f f Title Title Zbk4l //GctDv-- Date 2-z-zo i,;W Date 6—t F-IF Tax I.D.No.:Refer to W9 APPROVED AS TO FORM: 11Z(7 'c1 ATTEST: DOLPH STEVENSON HOM GRACE SCHMIDT Cu ertino City Attorney City Clerk Fiscal Year 2018-19 ContractlEncumbered Amount:$25,000 Account No.:580-63-620 700-702 Fiscal Year 2019-20 ContractlEncumbered Amount:$27,000 Account No.:580-63-620 700-702 Fiscal Year 2020-21 ContractlEncumbered Amount:$28,000 Account No.:580-63-620 700-702 Recreation Services Agreementl 3-27-2018 Page 6 of 6 EXHIBIT A SCOPE OF WORK,PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide HORSEBACK RIDING CAMPS AND CLASSES in,but not limited to,the following: HORSEBACK RIDING CAMP, HORSEBACK RIDING: WESTERN STYLE,HORSEBACK RIDING: ENGLISH STYLE,HORSEBACK RIDING: VAULTING Location and Time of CONTRACTOR Services: Refer to the Recreation Schedule dated SUMMER 2018 THROUGH SPRING 2021 for agreed upon dates, times, and class locations. The City, at its sole discretion, may change the agreed terms. Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement. Compensation shall consist of the following: 79%OF THE RESIDENT REGISTRATION FEE.The total compensation to the Contractor shall not exceed$80,000. Eligible Participant Minimum and Maximums for CONTRACTOR Services: Minimum: 4 Maximum: 14 If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start, the City may cancel the particular class and/or terminate this Agreement without additional notice or payment to Contractor. List of all Contractor Employees working for the City of Cupertino (if no Employees,identify "self"): Ai SSrn �2c=e Ck Performance of CONTRACTOR Services: In the case Contractor unilaterally cancels performance of a class, camp, activity or service without City approval,City reserves the right to immediately and without notice cancel the remainder of programs/services offered and or performed by Contractor. The Contractor shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule.Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment.All participants and volunteers need to complete the City's Waiver of Liability form prior to taking part in the program. If applicable, contractors who are responsible for supervising minors must remain with the class until a parent of legal guardian has arrived and all minors are released to them. In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour and complete an Incident Report in the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. EXHIBIT D Contractor's Mandated Reporter Declaration The undersigned does hereby certify that: 1. I am a representative of GARROD TRUST;that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2. 1 declare that GARROD TRUST has complied with fingerprinting and criminal background investigation requirements with respect to all Contractor's employees who may have contact with minors in the course of providing services pursuant to the Agreement,and the California Department of Justice has determined that none of those employees has been convicted of a felony,as that term is defined in California Penal Code Section 11105.3. 3. 1 1 declare that each coach and administrator shall be required to successfully complete concussion and head injury education at least once,either online or in person,before supervising a participant, as required by California Health and Safety Code Section 124235,et seq. 4. On a yearly basis, all participants shall be required to sign and return a concussion and head injury information sheet in compliance with California Health and Safety Code Section 124235, which may be in the form attached as D-1. 5. That a complete and accurate list of Contractor's employees,who may come in contact with minors during the course and scope of the Agreement,are included below. 6. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with Contractor. 7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply. List of all Contractor Employees working for the City(if no Employees,identify"self"): ` At 8. The Contractor will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino. I declare under penalty of perjury that the foregoing is true and correct. GARROD TRUST By Name` l'c-A-.t A 6r 3 0 -AL, Title O�A'C-t- rlN 6-1c o-N -✓ Date C7-Z?-Zo I< 05/23/2018 14:16 FAX 5705953424 INSURANCE KORRAL 10001 --,J 1161kc;iCuip For, rium m5m1varKeIcorp,Coln l"Or Faxserver 03/60efz a, -A Aol' CERTIFICATE OF LIA131LDA39(MM/OOtYYYY) ITY INSURANCE 05/23/2018 I)AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS F [CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES CLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINGINSURER(S),AUTHORIZED pCDEPRESENTATIVEHIS CERTIFICATE IS ISSUE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: lffhaC-&rfI Cale ho—Icior Is an ADDITIONAL INSURED,the POlICY(lGS)_n1u91 have ADDITIONAL INSURED provlsigns or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and 001"IdItlOns Of the policy,earlain polIC109 niav requfroan endorsement Astatement on thla earifficatG does not confer rights to the Certificate holder In Ileu of such anclorgoniant(R). PRODUCER NAME: I Linde Mitdloll M611'kel Service,Incorporatod I NE (1300)995-1012 4 4501 Highwoods Parkway AIC N. ll fn1IChLI@rnarkvIwrp.rA)m Supe 200 Glen AllenIN OURER(DI AFFORDING COVGrtAgE NAIC I VA 29jfj0 Market)Insuranco JNsLJREo_ -INSURER!) INSURERA: y 3119/0 Garrod Trust.DDA:Carrod Farms Stables INSURER c INS URER B INSURERF: COVERAGES CERTIFICATE NUMBER: October 2017 Master POL!GJLS OF IN6L)RANC%:Ll-,;TCL)BELOWH�v�BEEN ISSUED TO THC INSURED NAMED ABOVE FOR"THE POLICY PERIOD `MIS 15 TO CERTIFY THAI*TH�-: REVISION NUMBER: )NDIGATED NOTWITHSTANDING ANY FILQUIRUMENT.TERM OR CONDITION 0 CERT:r: F ANY CONTRACT OR OT HCR UO-GUMENT WITH RESPECT TOWH)GH�H,S ICA717 MAYBE ISSUED OR MAY PERTAIN.THIS INSURANCE AF170RDED BY Tl-1E POLICIF,S DESCRIBED I-IrREiN IS SUINJITC.TTO ALL THE TERMS SHOWN MAY HAVE BEEN REDUCED BY PAIL)GLAIMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS, LTR TYPE Of INSURANCE AQUI, USH IWO Cy EFF_ POLICY EXP_ JN9D WVO POLICY NUMBER Ll X COMMFIRCIALOENERALLIADILITY _JMM/DO/y�_yjL (MMIDDIYYYY) LIMITS EACH OCCURRENCE 1,C100.Ow CLAWS-MAQr I �1 '%J OCCUR --------- PREMISES(E-- -..) , MED FXP[Any ma perourt) A Y 81502A(3346!i6 101)412017 '10/0412018 _L� PERSONAL&AIYV INJURY $ 1'000mo GENT AGGREGATE_ LJI,4JT APPLIES PER 7 _E_IE _�NF!�L AGGREGATE 3.000,000 E-1 ri'(O LOCI PRODUCTS.COIANOP AGG g 1,000,000 OTHER; 0.1 L"J"'I'lly $ 2fi,[100 AUTOMOBILE LIABILITY --IT C MBINED SINGLE LIM (ED ANY AUTO a 130011.Y INJURY(Per o9i oun) ."NE" "LIT, ONLY AUTOS 80DILYINJURY(P._f.,d) HIRED NON-OvMED I AU-[OS 0 AU JOS ONLY x UN113R- LIAR OCCUR EACH OCCURRENCE 1,000,000 A C JAB C.-LAIMS-MADE 4602A,031(ilU 10/()4/2017 10/04/2LI18 AGGREGATE 1,()UU,000 ION WORKER600114PENOATION AND EMPLOVERS,LIABILITY YIN g11'AATUTtjIR 'y I!RY ANY PROPC(IETORIPARTNERYEXECL,TiVF N/A 141/114/2017 11/14 OFFICER)MEMBER EXCLUDED? LE.L.EACH ACCIDETJT $ (M.,d.f.,y I,,NHI Ifyo 08 ! 0 E L DISEASE-EA EMPLOYEE LOW19218PERATIONO 0010W ---------- E.I..DISEASE. POLICY[.11,411 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICI.ES (ACO�RI;1.Adftl ..f Remark. may h..77ta_,h.;7(f Additional Insurrrd per fomv CIS 20 12 04 1.1 CRRTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION r)ATr.THFREQF,NOTICE WILL BE.DELIVERED IN CI*,Y Of CuPel'Ina,Its City Council,Doard and Conimlsslonq,01i1w.n.i, ACCORDANCE WITH THE POLICY PROVISIONS. Servants,Volumaers&Consult, 10:300 TortO Av 0 AUTHORIZED REPRESENTATIVE CA 95014 (I')19BR-2015 ACORD CORPORATION. All rights rognmad. ACORD 23(2016/03) The ACORD name and logo are regIvIered marks of ACORD 05/23/2018 IVEI) (d: 12 [']'X/I?X NO 7252) F&03 05/23/2018 14:17 FAX 5705953424 INSURANCE KORRAL 0 002 3_05.2018 15:05:59 MarkelforU Fax From msi arkelcorp,coa for Faxserver 06/6Defa POLICY NUMBER: 8502AG346116.7 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision:— City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers Information required to complete this Schedule, if not shown above will be shown in the Declarations.--^ A. Section U • Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising subdivision shown in the Schedule, subject to Out of operations performed for the fed- the following provisions: eral government, state or municipality; or 1. This insurance applies only with respect to b. "Bodily injury" or "property damage" In- operations performed by you or on your be- cluded within the "products-completed half for which the state or governmental a- operations hazard". gency or subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III - Limits Of Insurance: a. The insurance afforded to such additional 1.1 coverage provided to the additional insured is insured only applies to the extent permit- required by a contract or agreement, the most ted by lave!: and we will pay on behalf of the additional insured b. If coverage provided to the additional in- is the amount of insurance: sured is required by a contract or agree- 1. Required by the contract or agreement; or ment, the insurance afforded to such ad- ditional insured will not be broader than 2. Available under the applicable Limits of In- that which you are required by the corn surance shown in the Declarations; tract or agreement to provide for, such ad- whichever is less. ditional insured. This endorsement shall not increase the appli- cable Urnits of Insurance shown in the Decla- rations. CG 20 12 04 13 Copyright, Insurance Services Otfice, Inc., 2012 Page 1 of 1 05/23/201.8 WGA 10:.1.2 ITX/RX NO 72521 V-i006 AmoCERTIFICATE OF LIABILITY INSURANCE DATE(MM/ Y) 05/21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Crystal Gonzalez RISI,dba Pan American Insurance Services PHONE (209)955-2615 FAX (209)474-0697 A/C No Ext): AIC,Nol: 2800 W March Lane,Ste 420 E-MAIL ADDRESS: cry g stal. onzalez relationinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Stockton CA 95219 INSURER A: Star Ins Co 24562 INSURED INSURER B: Garrod Trust INSURER C: INSURER D: INSURER F: COVERAGES CERTIFICATE NUMBER: 18/19 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR JADUL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MM/DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ u _RCLAIMS-MADE OCCUR PRA EMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident AUTOS ONLY AUTOS ( ) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY y/N x STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑ N/A WC045299409 02/01/2018 02/01/2019 E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Its City Council,Boards and Commissions,Officers,Officials,Employees,Agents,Servants,Volunteers and Consultants. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Cupertino,ET AL ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre AVe AUTHORIZED REPRESENTATIVE Cupertino CA 95014 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Change Number 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW: POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE 8502AG346116 - 7 05-30-2018 Markel Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Garrod Trust Bruce A. Kay dba Garrod Farms Stables COVERAGE PARTS AFFECTED General Liability Package CHANGES It is hereby understood and agreed that the following change has been made to the above captioned policy: Liability- Add- 44444- GL Plus Extension Applied Form MGL1241- Commecial General Liability Enhancement All other terms and conditions remain the same. The above amendment(s) result in a change in premium as follows: ❑ NO CHANGES F-] TO BE ADJUSTED ADDITIONAL RETURN PREMIUM AT AUDIT PREMIUM $ 1,646.00 $ Bruce A. Kaye' Authorized Representative Sirnature sao IL 12 01 11 85 Copyright, ISO Commercial Risk Services, Inc., 1983 06-07-2018 Policy Change Number 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW: POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE 8502AG346116 - 7 05-30-2018 Markel Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Garrod Trust Bruce A. Kay dba Garrod Farms Stables COVERAGE PARTS AFFECTED CHANGES It is hereby understood and agreed that the commercial general liability enhancement form listed on endorsement # 1 is corrected to read MGL1242 in lieu of MGL1241. All other terms and conditions remain the same. The above amendment(s) result in a change in premium as follows: ❑ NO CHANGES ❑ TO BE ADJUSTED ADDITIONAL RETURN PREMIUM AT AUDIT PREMIUM $ 0.00 $ Bruce A. Kay `s Authorized Representative Sirnature Seo IL 12 01 11 85 Copyright, ISO Commercial Risk Services, Inc., 1983 06-07-2018 a Payment Schedule 19s NIARM Account#: PI0058413 Account#: PI0058413 Billing Date: 06-07-2018 Garrod Trust Policy Number: 8502AG346116-7 Policy Type: CPP-Commercial Package Policy Gross Premium: $ 28,310.00 Agent#: 61341 Markel Service Incorporated-Service Center 4501 Highwoods Parkway Suite 200 Glen Allen, VA 23060 1-800-995-1012 Due Date Transaction Description Amount 10-31-2017 Premium Due $26,664.00 06-27-2018 Premium Adj. $1,646.00 THIS IS NOT A BILL. INVOICES WILL BE ISSUED SEPARATELY FOR ANY AMOUNTS DUE. If you would like to pay now, please choose one of the options below. - On-line: www.markelinsurance.com/i)aymvbill Make a single payment or sign up for electronic payments using (credit, debit or electronic check). It's secure, easy, and convenient. No hassles, no stamps, and no forgetting to pay your bill. - By Phone: 1-866-665-4983 (English/en Espanol) - By Mail: Markel Specialty Commercial, P.O. Box 79652, Baltimore, MD 21279-0652 Payment Inquiries: Toll-free 1-888-642-4968 8:00 a.m. to 8:00 p.m. EST S B 0 Insured MARKEr Policy No: 8502AG346116-7 Insured Garrod Trust Policy Period : 10-04-2017 - 10-04-2018 COVER SHEET Agriculture POLICY NUMBER: 8502AG346116 -7 MIC INVOICE(01/95) Markel Insurance Company Payment Schedule MGL1242(03/14) COMMERCIAL GENERAL LIABILITY PLUS EXTENSION ENDT. IL1201(11/85) POLICY CHANGES-BLANK Insured Copy COMMERCIAL GENERAL LIABILITY Markel Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY PLUS ENHANCEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following coverages and extensions are added to this policy as detailed below. As respects any coverage provided by this endorsement, if higher limits are provided on any other schedule, declarations or endorsement attached to this policy, then the limits and coverage provided by this endorsement would not apply for that coverage. SCHEDULE Limited Product Withdrawal Expense $10,000 All Product Withdrawal Expenses Extended Property Damage - Expected Or Intended Included Injury Non-Owned Watercraft Increased To 51 Feet Long Non-Owned Aircraft If Rented Or Loaned With A Paid Crew Property Damage To Borrowed Equipment $10,000 Each Occurrence Property Damage To Customers' Goods $10,000 Each Occurrence Damage To Premises Rented To You Equal To The General Liability Each Occurrence Limit Property Damage From Elevator Use Included Personal And Advertising Injury From Televised Or Included Videotaped Material Supplementary Payments Bail Bonds Up To$5,000 Loss Of Earnings Up To$500 A Day Medical Personnel $100,000 Any One Person Broadened Definition Of Insured Included Automatic Additional Insureds When Required By Contract Or Agreement Included Managers Or Lessors Of Premises Included Mortgagees, Assignees Or Receivers Included Vendors Included Medical Payments $10,000 Any One Person (Unless Excluded) Each Location And Each Project Aggregates Equal To The General Aggregate Limit Duties In The Event Of Occurrence, Offense, Claim Included Or Suit Unintentional Failure To Disclose All Hazards Included Waiver Of Transfer Of Rights Of Recovery Against Included Others To Us Liberalization Included Mental Anguish Resulting From Bodily Injury Included Broadened Definition Of Mobile Equipment Included MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Pagel of 12 with its permission. A. LIMITED PRODUCT WITHDRAWAL EXPENSE THIS COVERAGE ONLY PROVIDES REIMBURSEMENT TO YOU FOR EXPENSES INCURRED BECAUSE OF A COVERED "PRODUCT WITHDRAWAL". THIS COVERAGE DOES NOT PROVIDE ANY LIABILITY COVER- AGE OR COVERAGE FOR THE COST OR EXPENSE OF DEFENDING ANY CLAIM OR"SUIT'. 1. The following is added to Section I - Coverages: LIMITED PRODUCT WITHDRAWAL EXPENSE COVERAGE Insuring Agreement a. We will reimburse you for"product withdrawal expenses" incurred by you because of a "product withdraw- al'to which this insurance applies. The amount of such reimbursement is limited as described in Section III - Limits Of Insurance, as amended by this endorsement. No other obligation or liability to pay sums or perform acts or services is covered. b. This insurance applies to a "product withdrawal"only if the "product withdrawal" is initiated in the "coverage territory"during the policy period because: (1) You determine that the"product withdrawal' is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal'. c. We will reimburse"product withdrawal expenses"only if: (1) The expenses are incurred within one year of the date the"product withdrawal"was initiated; (2) The expenses are reported to us within one year of the date the expenses were incurred; and (3) The product that is the subject of the"product withdrawal'was produced during the policy period. d. The initiation of a "product withdrawal"will be deemed to have been made only at the earliest of the follow- ing times: (1) When you first announced, in any manner, to the general public, your vendors or to your "employees" (other than those "employees" directly involved in making the determination) your decision to conduct or participate in a "product withdrawal". This applies regardless of whether the determination to conduct a "product withdrawal'is made by you or is requested by a third party; or (2) When you first received, either orally or in writing, notification of an order from an authorized govern- ment entity to conduct a "product withdrawal". e. "Product withdrawal expenses" incurred to withdraw"your products"which contain the same or substantial- ly similar"defects"will be deemed to have arisen out of the same"product withdrawal". Exclusions This insurance does not apply to"product withdrawal expenses"arising out of: a. Breach Of Warranty And Failure To Conform To Intended Purpose Any"product withdrawal' initiated due to the failure of"your product'to accomplish its intended purpose, in- cluding any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible prop- erty other than "your product'. b. Infringement Of Copyright, Patent, Trade Secret, Trade Dress Or Trademark Any "product withdrawal" initiated due to copyright, patent, trade secret, trade dress or trademark infringe- ments. c. Chemical Transformation, Deterioration Or Decomposition Any "product withdrawal" initiated due to transformation of a chemical nature, deterioration or decomposi- tion of"your product'. This exclusion does not apply if transformation of a chemical nature, deterioration or decomposition is caused by: MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 12 with its permission. (1) An error in manufacturing, design or processing; (2) Transportation of"your product"; or (3) "Product tampering". d. Goodwill, Market Share, Revenue, Profit Or Redesign The costs of goodwill, market share, revenue or"profit"or the costs of redesigning "your product". e. Expiration Of Shelf Life Any"product withdrawal" initiated due to expiration of the designated shelf life of"your product". f. Known Defect A "product withdrawal" initiated because of a "defect" in "your product" known to exist by the Named In- sured or the Named Insured's "executive officers" prior to the policy period or the time "your product" leaves your control or possession. g. Otherwise Excluded Products A recall of any specific products for which "bodily injury"or"property damage" is excluded under Coverage A- Bodily Injury And Property Damage Liability. h. Governmental Ban A recall when "your product"or a component contained within "your product" has been: (1) Banned from the market by an authorized government entity prior to the policy period; or (2) Distributed or sold by you subsequent to any governmental ban. i. Defense Of Claim The defense of a claim or"suit"against you for liability arising out of a "product withdrawal". j. Third Party Damages, Fines And Penalties Any compensatory damages, fines, penalties, punitive or exemplary or other non-compensatory damages imposed upon the insured. k. Pollution-Related Expenses Any loss, cost, or expense due to any: (1) Request, demand, order, statutory or regulatory requirement that any insured or others test for, moni- tor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the ef- fects of, "pollutants"; or (2) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, moni- toring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of, "pollutants". 2. The following is added to Section III - Limits Of Insurance: The most that we will reimburse you for the sum of all "product withdrawal expenses" incurred for all "product withdrawals" initiated during the policy period is the amount shown in the Schedule of this endorsement, re- gardless of the number of: a. Insureds; b. "Product withdrawals" initiated; or c. "Your products"withdrawn. 3. Section IV-Commercial General Liability Conditions is amended as follows: a. Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is replaced by the following: 2. Duties In The Event Of A Defect Or A Product Withdrawal MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 12 with its permission. a. You must see to it that we are notified as soon as practicable of any actual, suspected or threat- ened "defect" in "your product', or any governmental investigation, that may result in a "product withdrawal'. To the extent possible, notice should include: (1) How, when and.where the "defect'was discovered; (2) The names and addresses of any injured persons and witnesses; and (3) The nature, location and circumstances of any injury or damage arising out of use or consump- tion of"your product'. Your obligation to notify us as soon as practicable is satisfied if you send us written notice as soon as practicable after any of your "executive officers", directors, partners, insurance managers or le- gal representatives become aware of or should have become aware of such actual, suspected or threatened "defect' in "your product', or any governmental investigation, that may result in a "prod- uct withdrawal'. b. If a "product withdrawal"is initiated, you must: (1) Immediately record the specifics of the"product withdrawal"and the date where it was initiated; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the"product withdrawal'as soon as practicable. c. You must promptly take all reasonable steps to mitigate the expenses associated with a "product withdrawal". Any "profit'that you receive from mitigating the expenses will be deducted from the a- mount of reimbursement that you will receive for"product withdrawal expenses". d. You and any other involved insured must: (1) Immediately send us copies of pertinent correspondence received in connection with the "prod- uct withdrawal"; (2) Authorize us to obtain records and other information; and (3) Cooperate with us in our investigation of the"product withdrawal". b. The following Conditions are added: Concealment Or Fraud We will not provide"product withdrawal expense"coverage to you or any other insured who, at any time: a. Engaged in fraudulent conduct; or b. Intentionally concealed or misrepresented a material fact concerning a "product withdrawal'or"product withdrawal expenses" incurred by you. Product Tampering Limitation When "product tampering" is known, suspected or threatened, a "product withdrawal" will be limited to those batches of"your product'which are known or suspected to have been tampered with. 4. The following definitions are added: a. "Defect' means a flaw, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" means an act of intentional alteration of "your product' which has caused or is rea- sonably expected to cause"bodily injury"or physical injury to tangible property other than "your product'. For purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and application software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 12 with its permission. c. "Product withdrawal" means the recall or withdrawal: (1) From the market; or (2) From use by any other person or organization; of"your products" or products which contain "your products", because of known or suspected "defects" in "your product" or known or suspected "product tampering" which has caused or is reasonably expected to cause"bodily injury" or physical injury to tangible property other than "your product'. For purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below, paid and directly related to a "product withdrawal': (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non-salary"employees"and costs incurred by your"employees", including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of"your products" or products that contain "your products"that cannot be re- used, not exceeding your purchase price or your costs to produce the products. e. "Profit' means the positive gain from business operation after subtracting for all expenses. B. EXTENDED PROPERTY DAMAGE -EXPECTED OR INTENDED INJURY Exclusion 2.a. Expected Or Intended Injury under Section I - Coverages, Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect per- sons or property. C. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT Exclusion 2.g. Aircraft, Auto Or Watercraft under Section I - Coverages, Coverage A - Bodily Injury And Property Damage Liability is amended as follows: 1. Paragraph (2) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 2. The following is added: (6) 'Bodily injury" or "property damage" arising out of any aircraft not owned by any insured that is rented or loaned to you with a paid crew. If other insurance applies to a loss because of"property damage" to non-owned watercraft or aircraft as described in Paragraphs (2) or(6) above, the insurance provided by this Coverage Form does not apply, whether the other in- surance is primary, excess, contingent or issued on any other basis. MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 12 with its permission. D. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. The following is added to Exclusion 2.j. Damage To Property under Section I- Coverages, Coverage A- Bodily Injury And Property Damage Liability: Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while that equip- ment is: a. Not being used to perform operations; and b. Away from an insured's premises. 2. The following is added to Section III- Limits Of Insurance: Subject to the General Aggregate limit, the most we will pay for "property damage" to borrowed equipment is the amount shown in the Schedule of this endorsement for each "occurrence". 3. The insurance afforded by Paragraph 1. above is excess over any valid and collectible property insurance (in- cluding any deductible) available to the insured, whether primary, excess, contingent or issued on any other basis. E. PROPERTY DAMAGE TO CUSTOMERS' GOODS 1. The following is added to Exclusion 2.j. Damage To Property under Section I -Coverages, Coverage A- Bodily Injury And Property Damage Liability: Paragraphs (3), (4) and (6) of this exclusion do not apply to "property damage" to "customers' goods" while on your premises. 2. The following is added to Section III - Limits Of Insurance: Subject to the General Aggregate limit, the most we will pay for"property damage"to"customers' goods" is the amount shown in the Schedule of this endorsement for each "occurrence". 3. The insurance afforded by Paragraph 1. above is excess over any valid and collectible property insurance (in- cluding any deductible) available to the insured, whether primary, excess, contingent or issued on any other basis. 4. The following definition is added: "Customers' goods" means tangible personal property belonging to your customers and left with you for stor- age, service or repair. "Customers' goods"does not include: a. Accounts, bills, currency, deeds, food stamps or other evidences of debt, money, notes or securities. Lottery tickets held for sale are not securities; b. Animals; c. Contraband, or property in the course of illegal transportation or trade; d. Personal property while airborne or waterborne; e. Property that is covered under another coverage form of this or any other policy in which it is more specific- ally described, except for the excess of the amount due (whether you can collect on it or not) from that oth- er insurance; f. Vehicles or self-propelled machines that are licensed for use on public roads; aircraft; or watercraft; This paragraph does not apply to: (1) Vehicles or self-propelled machines, other than "autos", you hold for sale; or (2) Rowboats or canoes out of water at your premises; or g. The following property while outside of buildings: (1) Grain, hay, straw or other crops; (2) Fences, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or tow- ers, trees, shrubs or plants (other than trees, shrubs or plants held for sale). MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 12 with its permission. F. DAMAGE TO PREMISES RENTED TO YOU The following applies only if Damage To Premises Rented To You is not excluded from the policy to which this en- dorsement is attached: 1. The first paragraph following Paragraph (6) of Exclusion 2.j. Damage To Property under Section I - Coverages, Coverage A- Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Dam- age To Premises Rented To You as described in Section III- Limits Of Insurance. 2. The final paragraph of Paragraph 2. Exclusions under Section I - Coverages, Coverage A- Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III -Limits Of Insurance. 3. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of"property damage" to any one premises while rented to you, or in the case of damage by fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the own- er, is equal to the Each Occurrence limit shown in the Declarations. 4. Paragraph 4.b.(1)(a)(ii)of the Commercial General Liability Coverage Form, and Paragraph 4.b.(1)(a)(iii)of the Commercial General Liability Coverage Form (Claims-Made Version) under Section IV - Commercial General Liability Conditions are replaced by the following: That is fire, lightning, explosion, smoke or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; 5. Paragraph a. of Definition 9. "insured contract'is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that in- demnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "in- sured contract; G. PROPERTY DAMAGE FROM ELEVATOR USE 1. The following is added to Exclusion 2.j. Damage To Property under Section I - Coverages, Coverage A - Bodily Injury And Property Damage Liability: Paragraphs (3), (4) and (6) of this exclusion do not apply if such "property damage"arises out of the use of ele- vators at premises you own, rent, lease or occupy. 2. The insurance afforded by Paragraph 1. above is excess overy any other valid and collectible insurance which applies to a loss because of"property damage" arising out of the use of elevators, whether such other insur- ance is primary, excess, contingent or issued on any other basis. H. PERSONAL AND ADVERTISING INJURY FROM TELEVISED OR VIDEOTAPED MATERIAL 1. Exclusions 2.b. and 2.c. under Section I - Coverages, Coverage B - Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or professionally produced televised or video- taped publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or professionally produced televised or video- taped publication, in any manner, of material whose first publication took place before the beginning of the policy period. MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 12 with its permission. 2. Paragraphs d. and e. of the definition of"personal and advertising injury"are replaced by the following: d. Oral, written or professionally produced televised or videotaped publication, in any manner, of material that slanders or libels a person or organization, or disparages a person's or organization's goods, products or services; e. Oral, written or professionally produced televised or videotaped publication, in any manner, of material that violates a person's right to privacy; I. SUPPLEMENTARY PAYMENTS - BAIL BONDS AND LOSS OF EARNINGS Paragraphs 1.b. and 1.d. under Section I - Coverages, Supplementary Payments - Coverages A And B are re- placed by the following: b. Up to the amount shown in the Schedule of this endorsement for cost of bail bonds required because of ac- cidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds; d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the amount shown in the Schedule of this endorse- ment because of time off from work; J: MEDICAL PERSONNEL The following applies only if no other similar coverage is included on or added to the policy to which this endorse- ment is attached: 1. Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to any registered nurse, licensed practical nurse, certified emergency medical technician or certified paramedic who is employed by you to pro- vide professional health care services, but only while acting within the scope and course of their duties as such. 2. The following is added to Section III - Limits Of Insurance: Subject to the General Aggregate limit, the most we will pay under Medical Personnel Coverage is the amount shown in the Schedule of this endorsement for all loss sustained by any one person from professional health services. K. BROADENED DEFINITION OF INSURED Section II -Who Is An Insured is amended as follows: 1. The following is added to Paragraph 2.a.: Paragraph (1) does not apply to managers at the supervisory level or above. 2. Paragraph 2. is amended to include the following as insureds: Any legally incorporated entity of which you own at least 51% of the voting stock on the inception date of this Coverage Form and on the date of any covered "occurrence", claim or"suit". This insurance shall not apply to any entity that is already insured under any other insurance provided by any company or that would be an insured but for the exhaustion of its limits of insurance. 3. Paragraph 3.a. is replaced by the following: a. Coverage for your newly acquired or formed organization shall be: (1) Effective on the date of acquisition or formation; and (2) Afforded until the end of the policy period of this Coverage Form. L. AUTOMATIC ADDITIONAL INSUREDS The following paragraphs are added to Section II -Who Is An Insured: 1. The following are also insureds under this policy, subject to the following provisions: a. When Required By Contract Or Agreement Any person or organization to whom you are required by written contract, agreement, permit or authoriza- tion to provide insurance, but only if the contract, agreement, permit or authorization is in effect during the policy period shown in the Declarations and was executed prior to the "bodily injury", "property damage" or "personal and advertising injury". However: MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 12 with its permission. (1) The person or organization is an insured only to the extent you are held liable due to: (a) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, sub- ject to the following additional provisions: (i) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; and (ii) This insurance does not apply to any structural alterations, new construction or demolition op- erations performed by or on behalf of the person or organization; (b) Your ongoing operations for that insured, whether the work is performed by you or for you; (c) The maintenance, operation or use by you of equipment leased to you by such person or organiza- tion, subject to the following additional provisions: (i) This insurance does not apply to any "occurrence"which takes place after the equipment lease expires or you cease to lease that equipment; and (ii) This insurance does not apply to "bodily injury" or "property damage" arising out of the sole negligence of such person or organization; (d) Permits or authorizations issued by any state or political subdivision with respect to operations per- formed by you or on your behalf, subject to the following additional provision: This insurance does not apply to"bodily injury", "property damage" or"personal and advertising in- jury"arising out of operations performed for that state or municipality. (2) The insurance with respect to any architect, engineer or surveyor does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to ren- der any professional services by or for you, including: (a) The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, sur- veys, change orders, designs or specifications; and (b) Supervisory, inspection or engineering services. (3) This insurance does not apply to "bodily injury" or "property damage" included within the "products- completed operations hazard". (4) This insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of or failure to render any professional services. (5) This insurance does not apply to any insured person or organization if the loss, cost, injury or damage is otherwise excluded from coverage under this insurance, including any endorsements made a part of this policy. (6) A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. (7) This insurance does not apply to any person or organization included as an insured by an endorsement issued by us or otherwise made part of this insurance. (8) No coverage will be provided if, in the absence of this endorsement, no liability will be imposed by law on you. Coverage will be limited to the extent of your negligence or fault according to the applicable principles of comparative fault. This Additional Insured provision does not apply to managers or lessors of premises; mortgagees, assign- ees or receivers; or vendors. b. Managers Or Lessors Of Premises Any person or organization who leases to you or manages property you rent or lease, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with that part of the premises leased or rented to you and shown on the Declarations. The following additional exclusions apply to such managers or lessors of premises: This insurance does not apply to: MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Page 9 of 12 with its permission. (1) Any"occurrence"which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the per- sons)or organization(s)who leases to you or manages property you rent or lease. c. Mortgagees,Assignees Or Receivers Any person or organization with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of premises by you. However, this insurance does not apply to structural alterations, new construction or demolition operations performed by or for that person or organi- zation. d. Vendors Any vendor with whom you have agreed in a written contract or agreement to provide insurance, but only if the contract or agreement is in effect during the policy period shown in the Declarations and was executed prior to the "bodily injury" or "property damage", and only with respect to "bodily injury" or "property dam- age" arising out of"your products" which are distributed or sold in the regular course of the vendor's busi- ness. (1) The following additional exclusions apply to such vendors: This insurance does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the origi- nal container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distri- bution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a con- tainer, part or ingredient of any other thing or substance by or for the vendor; (h) Any failure to maintain the product in a merchantable condition; or (i) "Bodily injury"or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normal- ly undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. (3) This insurance does not apply to any vendor included as an insured by an endorsement issued by us or otherwise made a part of this insurance. (4) This insurance does not apply if "bodily injury" or "property damage" included in the "products-com- pleted operations hazard" is excluded either by the provisions of this insurance or by endorsement. MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Page 10 of 12 with its permission. 2. The insurance provided to such automatic additional insureds: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such addi- tional insureds. 3. With respect to the insurance afforded to such automatic additional insureds, the following is added to Section III- Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance shown in the Declarations, whichever is less. The insurance afforded to the additional insured does not increase the applicable limits of insurance shown in the Declarations. M. MEDICAL PAYMENTS The following applies only if Medical Payments Coverage is not excluded from the policy to which this endorsement is attached: Paragraph 7. under Section III - Limits Of Insurance is replaced by the following: 7. Subject to Paragraph 5. above, the Medical Expense limit is equal to the Medical Expense limit stated in the Declarations or the amount shown in the Schedule of this endorsement, whichever is greater, and is the most we will pay under Coverage C for all medical expenses because of"bodily injury"sustained by any one person. N. EACH LOCATION AND EACH PROJECT AGGREGATES The following is added to Section III - Limits Of Insurance: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A, and for all medical expenses caused by accidents under Coverage C, which can be attributed on- ly to operations at a single designated covered "location"or covered construction project: a. A separate Each Location or Each Project Aggregate limit applies to each covered "location" or covered construction project, and that limit is equal to the General Aggregate limit shown in the Declarations. b. The Each Location or Each Project Aggregate limit is the most we will pay for the sum of all damages un- der Coverage A, except damages because of "bodily injury" or "property damage" included in the "prod- ucts-completed operations hazard", and for medical expenses under Coverage C, regardless of the number of: (1) Insureds; (2) Claims made or"suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall re- duce the Each Location or Each Project Aggregate limit for each covered "location" or covered project for which payment is made. Such payments shall not reduce the General Aggregate limit shown in the Decla- rations nor shall they reduce any other covered "location"or covered project's general aggregate. d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medi- cal Expense continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Each Location or Each Project Aggregate lim- it. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A, and for all medical expenses caused by accidents under Coverage C, which cannot be attributed only to ongoing operations at a covered "location"or covered project: a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall re- duce the amount available under the General Aggregate limit or the Products-Completed Operations Ag- gregate limit, whichever is applicable; and MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Page 11 of 12 with its permission. b. Such payments shall not reduce any Each Location or Each Project Aggregate limit. 3. When coverage for liability arising out of the "products-completed operations hazard" is provided, any pay- ments for damages because of"bodily injury" or"property damage" included in the "products-completed opera- tions hazard" will reduce the Products-Completed Operations Aggregate limit, and not reduce the General Ag- gregate limit nor the Each Location or Each Project Aggregate limit. 4. If the applicable covered construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. 5. For the purposes of this section of this endorsement, "location" means premises involving the same or con- necting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 6. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. O. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions: Your obligation to notify us as soon as practicable of an 'occurrence", offense, claim or"suit" is satisfied if you send us written notice as soon as practicable after any of your "executive officers", directors, partners, insurance man- agers or legal representatives become aware of or should have become aware of such 'occurrence", offense, claim or"suit". P. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Condition 6. Representations under Section IV-Commercial General Liability Conditions: If you unintentionally fail to disclose all hazards prior to the beginning of the policy period of the Coverage Form, we shall not deny coverage under this Coverage Form because of such failure. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV - Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or or- ganization and included in the "products-completed operations hazard". This waiver applies only to the person or organization with whom you have agreed in a written contract prior to an 'occurrence"to waive such rights. R. LIBERALIZATION The following is added to Section IV-Commercial General Liability Conditions: Liberalization Clause If we adopt any revision that would broaden coverage under this Coverage Form without additional premium, the broadened coverage will immediately apply to this Coverage Form as of the day the revision is effective in your state. S. MENTAL ANGUISH RESULTING FROM BODILY INJURY Definition 3. "bodily injury" is replaced by the following: 3. "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including mental anguish or emotional distress re- sulting from any of these; and b. Death resulting from bodily injury, sickness or disease. T. BROADENED DEFINITION OF MOBILE EQUIPMENT The following is added to Paragraph f.(1) of Definition 12. "mobile equipment': This shall not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. All other terms and conditions remain unchanged. MGL 1242 03 14 Includes copyrighted material of Insurance Services Office, Inc., Page 12 of 12 with its permission. &rALLIED Uj' T WOAL© POLICY h-1MuL4 51384048.03 BUSINESS AUTO DECLARATIONS Meed Woddd Assurance Company Producer: Mori* Insurance Services.itK. 91 M Water St±-estr 24 Moot 250 sionfner Streal New York, NY 10423 Std Ftoor Boston, MA 02210 ITEM ONE T Na ed In CooteCi r- arroo Estate vi"Y"s c �{l? nr r c 4k L-4 Mal' ng Address: , i f Policy Perbd Rom- 041'411 t2o 1 I Ii To _ 0' x411,20 1 b At 12 01 A!u! *standard Tri+a'.}cry r amu*ass Previous Po=licy Nt er. 5133-0043.02 Form Of Business 3 C - '*.tat Cn ""Limsled Llakr t,ty Corwahon ', `incl duAt PaMn, crsh;0 CIO*:her h ro*-Xn fQf the paryrrwl of Uv premium, w t to a1 tdrrrks of INS W-cy, war 07"w"y*,to provide`'+e F:"uxwo a1;stated i^ Mrs pQ`s;.y- Pts+re*m shown Is payabl.at Incoptlon: $4,041 Audn Period Of Appttadle}: L;Annualy Sem' Annually —Ouarlerty ChMonthly ? Endorsements Attached To This Pofty: CA 3100 10 t9, `#Vl-`L OOO10 00(-06'12� CA Q4 01 10 13,IL 000309 08,tL fl4 21 0`9 0a., IL 02 x008 11,CA 01 43 Ili f 3 CA 0 t 21 1013 CA 0t 24 10 13. CA 04 26 10 13. CA 2055 10 13,CA 21 54 10 13, CA 23 25 10 13,CA 2314 1413, } CA"33 10 13, CA 94 48 10 13. t CA-4M1 00 10 09 WwAofts C Ae V*Y-sg-on of i-4w $VVV-"corce kv-1 woi cs pvftt"r Page 1 of is rTEM TWO Schedule Of Cav*regas And Covered Autos t'4-'r,Cy txov4 s o"Most co-vara;"p wr.4re a cl'*rj�*is sk wr-to they ver .. wvro bo ow Eao- (0 thaw wl 3,'.,0y G y!� Me""''' as owrecod* .Aos' 'Autos"are shown as covered 'autos'for a partkular coverage try the entry of one w more of the symbols from tM Covera Autos Section of the Rus ntss Auto Cov*rage Form nomI to the name of the coverage_ I Coverages CoverallLimit Prer►eludn Autos LL& y ! f 1,004.040 t _ Ptrsortai Injury { SapAra'cty Swell<n Each Perwal ir, Protectk>n(Or Ettvtvefent i P'rowtm F r4-rx cont M.rKis [e s No-Fault Coverage) { Z Ck►d:lttl�t► i Added Personal lrjury Se-,4%r`.nty Stated rr.Each PwsortM wry ProtKtlCr%(pr Eqv;vatent a Pmoettror►Er trrs n" Added No-Faull Covva") Prolxrty Protect.lon j S"W.e' y Slated in'he Property Protect*n : Insurance(M tlslgan EnC,:Wser-rt% r+t•s Only) i D*dv4.tt4o For Ea`tt A,-6dent Auto IWedk4l Payments 2 i 5.000 f 44S M"Ical Exponse And SUW. in Eeftt:Mod-W Expense Incomwe Loss Benefhts s Am lNvrr."Loss Ber►e%Endorse ;_ (Virg#nis Only) 1 � Uninsured Motorists 2 1 1.400,000 S 1,272 Undlrtnivi*d Motorists i rMen Piot incrud" in ; f Unix. wed Motorists Coverage) CA-C-0001 00 10 09 C*Pyvw v4o"""9,o"0 ,rw C*ssro%oes Cfce.res,01h ear Swe P&P 2 of 1111 { REN TWO Sth►adula Of Coveesges And Covered Autos(Cont d) Covetages Covered Ltmh Prtrnkim Autos Phwcaf Damage 7 6 Actual Cash Voue, Cast Of Rehr, Cctmproh*nstve Cov*rago S%Wctwww is Loss.MrAn 3 See 3,chodul* D*drest 4 For Each {, Covered AtAo.&z NO I Doftcatio Apes To Loss CsuW By Fie Or coo 1twn Four FOr Hood Or Bonvvied ' � Autos Physical Damage Actual Gash Yaffe.Cos'Of Rehr, i Sf,+at Causal of loss VVN:t*,ww is Less Vnis Covaspa i Ledictti4e For Eaeh i ( Covered AA,4*For Loos Ca nad by Ks&iO Of valcaftan. Sea mom Fov for tl-,rod Or ; - � fiarrowod Autos. Physical t)am�ge 7,0 A teat Cash V".Cost 00 R"r, F 3 670 i Ccssislon Covaraga Mv4t*v sr is Less.W%—S See Schedv% DoG+a tt4 For Each s Covered Aorto. See Kern Four For Dred Or Physical Oarnage Powfng i For Each Dsalt V. And Labor A Prtaate PessmVer AUW Taxes and Surcharges I i Premium For Endorseryrerrts i Estimated Total Prernlurn• `Th s Pommy.#ftf Be SL}ec!To Fired Ajidt CA-00000 100 10 09 ro Coe w vftr-* n of sir"*tvua.4-V-wel U iso.+ Pago 3 of'18 COMMERCIAL GENERAL UABIUTY POLICY NUMBER: $602AG3d8116-7 tet• Markel Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION COVERAGE Tris er&,frrer Wt ff- dtf*s pfoy4e-j unopr ho foio^ina C0MMERCIAL GENERAL LL4BIUTY COVERAGE FORM SCHEDULE `Abuse Or tio4eststiem Lir-w.s Of inswaric;e $ t�.0C1 Each PorW-- s 1.DOO.000 AggcegXo Tl*taw+r -► cr r+ es tit ty Cray to ttre covetne PMvidw try th s e�slorsexnent A. The bkwirv9 evaision is addoO 10 Parag•"h 2.. Exciiso-4 u,c ; Suction 1- Coverag". Coverage A -Bod.ty Ir, Jury And Property Dame Lisbik"rr and Cmeta2e 0-Personsl And Adverta-rig lrjwy L&ebdtty. Trs ir-sutance does ra0t a pty to Abuse Or Mokerstation -Bodpf injury-, -t:. P.Ony"'rw or"Cers nal". adyertisirg inikey`a"out of the apdwl Or tht ewerw arise. rtiolrstation or expsotiabon by wryone. This exclusion arprs eve-r if tare claim against tlw :ensued Wog" ,tied gone or otf-'er wr+r►gdoing in me annphyr vrt. ,r.vstga *n, sr.°perv.,son, report-V to the proper autherr.,es or 485- ve to to re+pon. t:&^tng of re►tent*n. B. The tVlowrq is added to S-octan 1-Ccrw ages ABUSE OR MOLESTATION COVERAGE 1. Insuring AQreornont a. We w J pay tshose sura th,e <nsured t ices ".1ty ob gated to Pay as datrages bx.+cauto of 'boa.-`y in- jury"ansir,l W 0 abuse, rnoWit,on or expiottexn to whch nis insurame implies. We wi:1 have the right and duty to defend the 4wetd agasnst any 'rut^se oitrrq such damages Howeve f. we wit have no arty to Meet/ the rnsured apaiist akly 'surr seeking darroges to nhich this does not apply. Not do we r4ve.► a d•J.y to defwW arry insured who Is aheged to have taken par, 0 the abuse. rip4e"wn or ex- !;4o*.at an We mat,at w discreben, irvesige.0 am seft'e any cta-,n or 'sur'that*ray losi.X But: 11) The wiour', we wit pay 4x darn" is imeetd as wscr in Pwagraph C, Lrnds Of Ins;;rexo t.0- low. v1d 121 Our —i;N and duty to defend ands Mhos we have used rp the apPI"ble tmt of insura^ce �1 tie pay. rr,ent of tudgr ants or setdo ments urder Abuse Of hMkstaton Caveraige, b. TN3 ir!svrot'ce► spp4oti t:: `bodily in iqr Onsirq OV Of abu-Se, rrles:aton Or ex;4o, atx>n 4e'fy if the abuse, rnokea:stsm eX explbtevon (1) Takes place in t -covefage!Orr tory,.. (2) ReUJIS from the Imured s -mg-gory=e in t►rr►G;oyrrwnL Inv+t►st ga'.jn, tsupmision, reper lig to"prcper authoffies a far ire to so fopoet, trairarig or recur on,ak�b (3) First occurs duri19"po4ky perms C- Abuse. ff*4011tat10n Cr etacpip at,Cn wh+ch f4st occurs 0jrinp tate Policy twiod rr> Wes any e: tt atiGn, "VO or resurnptM of V*at:-.,se inoktstarivn or a talar eJen wMe f ttv end of the potcy Penod. d, Muft.p4e ams of abuse, rq*Ws-tatx r► cr expkoitatan of r;Try one pars n by on of rnorea paMrp+tttratrs WA be doe mod 10 1%we first oocut-ed tett the tme C4 940 N11 act of s,rxh abuse,rnotestatitXt or explotation and shret be subject t0 the cmwaga and lirnr4 In effect at ttV tars Of t?ts fErtt act of mats, molestation Or 01K- Watiolft MGL 12'62 014 Iris tpyrvhted rrs`eriai of Insuremel Semis Otkice.inc., Page 1 of 3 With ft permission. Z Exclusions This insurarur does rte,,, aWy to: a. Fines And Penalties A.ny t' . pertantei F niive darrsrpss, exorrplery damages of agg•avated da.Toews. b. Partkipating insured Any instred wtoo takes prat n t_ne abuse. motestahon or expWatan. c. Passfvo Insured Arry insured who remains pass" upon 9wing k.ricm^ledge of any wtual, alleged or 9 aater*d abuse. T*- W,~or expioda ion. C. Secton M-LirrvU O!Insilrente Al rep-•Aced by t-V foviowwng SECTION 19•LIWTS OF INSURANCE 1. The Lim�s of iris,fa-<c4) V%owrr, =1 rm Sc-neduie cithis c-idotsem,, fit and". nAes below hoc the msst we will pay u'fder ADvs#Or k4ob3tat,o^. Cowie;* regard*ss of the nurrit-er of. a. Insureds, b, clahns made or'suint' brought, or C. Persons of rnakry darns of t'"Xgin';`SU3 2. The Aggregrrle Lirn l sho%-n in Me Schedule cf chis erriorsrmert is the most we wilt pay Lmdef Abtne Of Mo- bste.oft Can-*f0"far t-"6 LM of all damages. 3. S"19act to Pa=ragraph 2. above, me Each Pe,-son trri shown in the Schedulle of the endorsem*nt is the most we w•k pay under Abuse Of Mokastaton Covtwage fof oarroM becoAar of'bodtty injury" of-sing out C4 abvie. aviests!Kxi or viqftibbon ctxnmftW upon any one parsori, roWdkm of the number of acts 0 abutc, n tr- 1 stotron cf expbetabon comv-Oed, ttw pefod of tme over wt'KA such Kft occio,or the nLMbW- of peKperrators Wit ry part in ttw abuse, rn0*%W-0n of eK"4ce rt►on 4. The coverage pRroti%W by tis orKk ornerst does not provide arty d,piicatron or overlap of wiry off crnefage pmvtded etsewtrere in this policy. No covervip Is Voy4ed for abuse_moleslevr►ce expkxWvn under this pcli- cy except as Vcv4ed in Out vn orsameM. S. The Lrnls of llwwrance provider! by Ns endiuserner' are to add;tyon to. not part cf. the Lirrsts of trn nonce prr d t�v the Corrirrrval Gerw* Ltal)-111y Cove'<vige rex r. The Lknss of lnsu wo crown in t-w Schedule of this erdorserner,t apply sepamtc4y to eseh cc ;River a period eft to any rorraina-V period of Iess thari 12 ria, stwt;ng with the beginning of the policy period shown n the Flee of the Cvrnmercial General Linty Cove-age Form. urlesf tto poky period is extended air is- suwa for an adownsil ponod of less Ovi 12 months In that css.e the add*xmal period w a be deemed part of the IW preceding period for ov poses of detw1mimng IV Limits of Insuraxe D. Sam N -Cor eraai General Liat+174ty CondWs rs&-►ended as fosc*s. t. T'*heading and P"Wg h a,CO Cor 8012. is replaced by Vie folowng 2. Duties in The Event Of Abuse,Moteitation,Exploitation,Claim Or Suit a- You frust sane to s liner,ws are 000011ee!as soon as practicable d mein act of altepet*n of abuse. molesta. Cert of exp4ot-aton wtxith may result en a cia_Ym To the extent possitle,notice should include (1] Row, when wid wf•ere me muse. m lesuittiom or exp4oIxt"on took p{ace; (2) The r4r"and addresses of eny Injured persons wid wtnesses,and (3) The t*uf*and kr-abon cf any irrivey a dam9s erksing o{,.t of Cie sbuse, moteslation or ex ,a- tian L The Wowing Is added to Parer aph b-Excess Insurance of Ccod';ten 4. Oatw Insurax*. The kraurancte p Qvided by !h°s endotsrernent is excess ewer air QeW insurance PMY40d to any knsured, rIR16Aher such ottw Murance 4 pit V40d on a pf orwy,ex-."s, contir9w or airy other bat,1 4',less such Oth- er irtsWw"is wfMen to to spe+c*fricailly excess of this irtsura^ce. MGL 1262 6e 14 (1cluJi oo"hted nWenal of Insurm-ce Services Oft*, inc., Page 2 of 3 with es F*rrrission. 3. The follaK-�ng Ccs-►„.on is adder WhIple Coverage Forms Or Policies Issued By Us V&4we Wo of more Coverage Forms Or policies issued by us w any Othed Ma.-W COWSIM Owred Or C¢ Eras blow= COrnwy ap* 10 the sir* cLarn. `su'l- or I%$. tha maxrrvrrn limit of aur 1°.ab ty under all such C ivemp Rom Or "pries combined sha l no, exceed ;he hNhosi Wttaole unit Of habilty under Baty cee COverap f`oem or poky among them E. Defin Uon 3. 'bodify trjvry' ncW Section V -Qefim" is cs ar-ended as kAkws- -Spd.tf ir;urf" n*ans bodity injury, sicltrwss, disease, mental ersgvo a *nv1:of%W"tress suits-ned ty a person. .ncludiry deco resLIVI frCrn arty of ttw$at any t.erae. Al o0w Wrrs ar-1 corm ors remain urtiCh V90d_ k WOL 12162 Oa 14 1rdW"t00yrigh1W mal*nal of lnsursr+oe Sow,.ass t ore.Irc.. Ps"3 of 3 Y14e7::9 pe... w sion- IdMarkel Insurance Company NAM EXCESS/UMBRELLA DECLARATIONS POLICY NUABEIC 48iai►►OfeNM-f RENEML OF POLICY: 4002AW461644 Nrned N�wod and�Addr�a�: o„wnw PakyPonod FMM tao&Wii To: 1064ale w�lAf r�wwoa+rr rweria�drwra u,ern beq This pdky prow ® Faasa Um 04 oorwapa airy « p W.61 .LfatfstY awMW«ry J> l'Pro+AJe+p No d«+ eka A h Mu-h- bar ws M*- PMw Nv Mw aDpYgprNaNr aaeMoiu aI v*paAty(w~4 and N not osrand aeoord V coon wrrapo Ova iN RETURN FOR THE PAYMENT OF THE PREIIRW AND SUBJECT TO ALL THE TERAS OF TIMI POLICY, WE AOREE TO MSE THE INSURANCE AS STATED NN THIS POLICY. Pokey Pow"ien: S N IMM ® DMd Siod O Ap ney ISM LNnM o1 kw rwim Ow wWAppapw f 1.=Aw Pm*jWw4wVWW0PwWw*Ai *p% f 1A000w Eah Occurm" f IAM= E@OPenm-PW—WAndA&ediW*N�ry f 1AofJeoo SW h Awad RMMMan-EaM O=xronw : THIS POLICY ORDVIDEB CLANAIMADE COVERAQE POR THE tRDENL.YRNG DANCE SHOWN AS CLAOMMAIDE IN THE SCHNEONA.E OF UNDERLYING IMMANCE.PLEASE READ THE ENTIRE PONY CARERRA.Y. TMs Mwuoma dM M appy 10 Cor W A-So*h+►ay Aod Pmpeft D Lmft ow Corwapa Poo= And Adrw7frYip"wftn trdw Sacow I-Lky&e M Limbityr CorwW 1Mfie0 dean 1h ft RMfoadt a Dra rNgrMn bobs. WA M Now Yank Rohooaira 000:Por"w"41 CIW*00 a Co I-W p 4VPkd4, {EAw•def• when o++o«000 w dwy-V kuwww wamW as d*mwaft) IiDU81601tSf/1, IrKNxeescoPr4kMd 1i1 SwvNOM Olid Papa 1 o14 PeaO�aw tsus+bsr.towns wd MAV Ad*— ttwA i ewr arm srnww.rs•aa.e.crwr .wo,w•�.•pok" s.uo owANM VA am Awns wne EmWwrwrs MKrad 10 o+s vwh at bM 0t iw w— The"tlwelnatlww•soriP wt sr1M the Ca+stps/anMs)and WY En40asaas011(s).comPWO d»ab0w trattbwws4 Osrcr. IOW DlW OdOW 11,2017 At (pM A#a.VA By MrM A Kay w� 1AUnarttad RspeawaaawlM) UM 1000 0214 tads m co4Yn0 w $wec"off".ine. Paps 2 014