Preview
1. Nuclear Hazard;
2. Biological Hazard;
3. Chemical Hazard;
4. Environmental Hazard; or
5. Radioactive Agent Hazard
II. These include, but are not limited to any nuclear reaction; nuclear radiation; radioactive contamination; any
solid, semi-solid, liquid, gaseous, or thermal irritant, pollutant or contaminant of any kind or nature; smoke,
vapor, soot, and fumes; acids, alkali, and derivative materials, gases, vapors or compounds; any chemical,
biological and/or other etiological or pathogenic agent or material; any electromagnetic, radio frequency,
optical and/or ionizing radiation or energy; any genetically engineered agent or material; any teratogenic,
carcinogenic, and/or mutagenic agent or material; and waste; all regardless of location, and whether in any
enclosed space of any kind or nature, or in the open. Waste includes any material to be disposed of,
recycled, reconditioned or reclaimed.
III This exclusion applies to all claims for:
1. Any loss or damage to and/or repair or replacement of any property, including but not limited to
Covered Property;
2. Any loss of use or delay in rebuilding, repairing or replacing any property, including but not limited to
Covered Property;
3. Any and all remediation costs to remove excluded material from, decontaminate or clean any property
or to repair, restore or replace any property, including but not limited to Covered Property;
4. Any and all costs to test for, contain, treat, dispose of and/or assess the effects of excluded material
on any property, including but not limited to Covered Property; or
5. Any and all costs incurred to test or monitor any air or property.
6. This exclusion does not apply to the sudden, accidental, discharge of a radioactive agent from
medical diagnostic or treatment equipment necessary or incidental to your business operations
covered under this policy, when that equipment is damaged by a peril covered under this policy.
IV. Notwithstanding any other provisions of this policy, all losses or types of loss, damage, claims or expense
described in Paragraphs I. , II. , and III. above are not covered under any circumstances when the following
causes of loss in any manner cause, result in, relate to, or contribute concurrently or in any sequence to
losses or types of loss, damage, claims or expense:
1. Any "specified causes of loss" or other Covered Cause of Loss listed in a. through g. below:
a. Explosion of any kind or nature. However, we will afford coverage otherwise available under
the policy solely as to Hazards 2. 3. and 4. in Paragraph I. above where our investigation
conclusively verifies or the insured conclusively demonstrates that the explosion was
accidental, and not the result of an intentional act on the part of any person or entity;
b. Vandalism or malicious mischief;
c. Acts of destruction, including but not limited to acts of destruction by an employee;
d. Collapse;
e. Falling objects;
f. Vehicles, watercraft, and all other conveyances of any kind or nature;
g. Aircraft; or
2. Any and all causes of loss excluded under the policy or that are not otherwise a Covered Cause of
Loss under the policy.
The provisions and exclusions of this endorsement, including but not limited to Paragraph IV. above, supersede
any and all conflicting provisions of the policy to which this endorsement is attached as to any and all losses or
types of loss, damage, claims or expense described in Paragraphs I. , II. , and III. above.
03-416 (03-07) Page 2 of 2
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION ACTS OF NUCLEAR, BIOLOGICAL, CHEMICAL
OR RADIOACTIVE TERRORISM
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM LIABILITY COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
A. The following exclusion is added:
EXCLUSION OF AN "OTHER ACT OF TERRORISM"
We will not pay for "any injury or damage" of any kind or nature arising directly or indirectly out of any "other
act of terrorism." But this exclusion applies only when one or more of the following are attributed to such
act:
1. The terrorism involves the use, dispersal, discharge, release, application or escape of nuclear
materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination;
or
2. The terrorism is carried out by means of the use, dispersal, discharge, release, application or escape
of pathogenic or poisonous biological, chemical or radioactive materials; or
3. Pathogenic or poisonous biological, chemical or radioactive materials are used, dispersed,
discharged, released, applied or escaped and it appears that one purpose of the terrorism was to
use, disperse, discharge, release, apply or cause the escape of such materials.
B. The following definitions are added with respect to the provisions of this endorsement:
1. "Any injury or damage" means any injury or damage under any Coverage Part to which this
endorsement is applicable, and includes but is not limited to "bodily injury," "property damage,"
"personal and advertising injury," "injury" or "environmental damage" as may be defined in any
applicable Coverage Part or endorsement.
2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in
concurrence with the Secretary of State and the Attorney General of the United States, to be an act of
terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Act for a
"certified act of terrorism" include the following:
a. The act resulted in insured losses in excess of $5 million in the aggregate attributable to all
types of insurance subject to the Terrorism Risk Insurance Act; and
b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and
is committed by an individual or individuals as part of an effort to coerce the civilian population
of the United States or to influence the policy or affect the conduct of the United States
Government by coercion.
3. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or
infrastructure that is committed by an individual or individuals and that appears to be part of an effort
to coerce a civilian population or to influence the policy or affect the conduct of any government by
coercion, and the act is not a "certified act of terrorism." Multiple incidents of an "other act of
terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to
have a related purpose or common leadership shall be considered to be one incident.
03-424 (03-08) Page 1 of 1
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPOILAGE COVERAGE OFF PREMISES POWER FAILURE
DIRECT DAMAGE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
This endorsement insures against direct physical loss or damage to Perishable Stock caused by the interruption
of electrical power, water or gas utility service to the described premises. The interruption must result from direct
physical loss or damage by a Covered Cause of Loss to Utility Supply Services not located in or on the
described premises.
The most we will pay in any one occurrence for the loss or damage covered under this endorsement is $25,000.
Utility Supply Services , meaning the following types of property supplying electricity, water or gas to the
described premises:
1. Electrical power, gas or water generating, supply or reclamation plants;
2. Electrical power switching stations; substations; transformers; and transmission lines (including overhead or
underground transmission lines);
3. Gas or water fixed storage tanks;
4. Water or gas supply mains, pipes and related, attached equipment and fixtures (whether above ground or
underground).
Utility Supply Services described above are limited to property consisting of realty fixtures or real property
improvements, and do not include personal property or mobile equipment of any kind.
As to coverage provided under this endorsement, the following is added to Paragraph A.2. Property Not
Covered
g. Property located:
(1) On buildings;
(2) In the open; or
(3) In vehicles.
The following is added to H. PROPERTY DEFINITIONS
8. Perishable Stock " means personal property:
a. Maintained under controlled conditions for its preservation; and
b. Susceptible to loss or damage by spoilage or decay if the controlled conditions change.
03-396 (06-03) Page 1 of 1
POLICY NUMBER: 4-BOP-1-1894701
LIMITED LIABILITY COMPANY ENDORSEMENT
If the named insured, as designated in the Declarations, is shown as a Limited Liability Company (LLC), you are
an insured. Your members are also insureds, but only with respect to the conduct of your business. Your
managers are insureds, but only with respect to their duties as your managers.
No newly acquired or newly formed Limited Liability Company will automatically qualify as a named insured. No
person or organization is an insured with respect to the conduct of any current or past partnership, joint venture,
or Limited Liability Company that is not shown as a Named Insured in the Declarations of this policy.
All terms and conditions of this policy remain unchanged.
03-313 (09-99) Page 1 of 1
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PATHOGENIC ORGANISMS EXCLUSION
SPECIFICALLY EXCEPTED PERIL
For Businessowners
With respect to this endorsement, all other provisions of the policy apply unless modified by this endorsement.
Section A. COVERAGE
Under 5. Additional Coverages , the following is added:
n. Pathogenic Organisms. If we have paid for a covered loss to item a. Buildings , under section A.
COVERAGE , 1. Covered Property , and as a result of said loss an ensuing damage(s) from a pathogenic
organism occurs within 60 days of the date of the covered loss, we will pay, whichever is higher, $7,500 or
2 percent (not to exceed $50,000) of the limit of insurance on that building, to clean up or otherwise remove
the pathogenic organisms . This is the most we will pay including any testing costs.
1. For multiple locations and/or multiple buildings insured on a blanket basis, the 2 percent of the limit of
insurance will be applied to the building's (the building that had the loss) pro rata share of the blanket
limit of insurance as determined by its replacement cost compared with the replacement cost of all
buildings covered by the blanket limit of insurance.
2. This additional coverage does not provide for or extend coverage for any element(s) of Loss of Use,
including but not limited to, loss of Business Income including Rental Value, or Extra Expense.
Conditions:
1. The ensuing damage(s) from a pathogenic organism must be reported to us within 60 days of the
date of the covered loss, and
2. The premise(s) loss location must be shown in the Declarations at the time of loss.
Section B. EXCLUSIONS is amended to read as follows:
Under B. EXCLUSIONS , item 2.k.(2) , "(2) Rust, corrosion, fungus, decay, deterioration, hidden or latent defect or
any quality in property that causes it to damage or destroy itself;," is deleted and replaced by the following:
(2) Rust, corrosion, decay, deterioration, hidden or latent defect or any quality in property that causes it to
damage or destroy itself;
The following exclusion is added to Section B. EXCLUSIONS
6. We do not insure for loss or damage caused by, resulting from, contributing to or made worse by the actual,
alleged or threatened presence of any pathogenic organism , all whether direct or indirect, proximate or
remote, or in whole or in part caused by, contributed to or aggravated by any physical damage insured by
this policy, except as provided under section A. COVERAGE 5. Additional Coverages n. Pathogenic
Organisms
Section H. PROPERTY DEFINITIONS
The following definition is added to the H. PROPERTY DEFINITIONS section:
8. "Pathogenic Organisms" means any bacteria, yeast, mildew, virus, fungi, mold, or their spores,
mycotoxins, or other metabolic products.
03-380 (04-02) Page 1 of 1
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PATHOGENIC ORGANISMS EXCLUSION
This endorsement modifies insurance provided under this policy:
BUSINESSOWNERS POLICY
COMPREHENSIVE GENERAL LIABILITY COVERAGE PART
COMMERCIAL UMBRELLA POLICY
The following exclusion is added to the "Exclusions" section of the policy:
This insurance does not apply to:
1. "Bodily Injury," "Property Damage," "Personal Injury," or "Advertising Injury" arising out of any "pathogenic
organisms" regardless of any other cause or event that contributed concurrently, or in any sequence to that
injury or damage.
This exclusion does not apply to "bodily injury," which may result from the consumption of your product(s).
"Pathogenic organisms" means any bacteria, yeast, mildew, virus, fungi, mold, or their spores, mycotoxins, or
other metabolic products.
03-346 (04-02) Page 1 of 1
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE
LIMITATIONS AND EXCLUSIONS ENDORSEMENT
With respect to this endorsement, all other provisions of the policy apply unless modified by this endorsement.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
Section A. COVERAGE
Under 4. Limitations , the following is added:
e. The interior of any building or structure, or to personal property in the building or structure, caused by or
resulting from rain, snow, sleet, ice, sand, or dust, whether driven by wind or not, unless:
(1) The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls
through which the rain, snow, sleet, ice, sand, or dust enters; or
(2) The loss or damage is caused by or results from thawing of snow, sleet, or ice on the building or
structure.
Section B. EXCLUSIONS is amended to read as follows:
The following exclusion is added to Section B. EXCLUSIONS
6. Continuous or repeated seepage or leakage of water that occurs over a period of 14 days or more.
03-385 (04-02) Page 1 of 1
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESSOWNERS LIABILITY COVERAGE
LIMITATIONS AND EXCLUSIONS ENDORSEMENT
With respect to this endorsement, all other provisions of the policy apply unless modified by this endorsement.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
Under A. COVERAGES 1. Business Liability , item b. is deleted and replaced by the following:
b. This insurance applies to "bodily injury property damage II U
personal injury"and advertising injury 11
only if:
11 U
(1) The" bodily injury property damage personal injury"or advertising injury" is caused by an 11
occurrence " that takes place in the "coverage territory
(2) The personal injury is caused by an offense arising out of your business, excluding advertising,
11
"
publishing, broadcasting, or telecasting done by or for you;
(3) The advertising injury "is caused by an offense committed in the course of advertising your goods,
11
products or services;
u
(4) The" bodily injury property damage 11
personal injury"or advertising injury" occurs during the
11
policy period; and
(5) Prior to the policy period, no insured listed under Paragraph 1. of Section C. WHO IS AN INSURED
and no "employee" authorized by you to give or receive notice of an "occurrence or claim, knew 11
that "bodily injury " "property damage " personal injury or advertising injury" had occurred, in
II ,, II
' '
whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period,
that" bodily injury " "property damage " "personal injury" or "advertising injury" occurred, then
' '
any continuation, change or resumption of such "bodily injury ," "property damage , personal 11
"
injury" or advertising injury during or after the policy period will be deemed to have been known
11
"
prior to the policy period.
(6) Bodily injury property damage personal injury or advertising injury that occurs during the
11
" "
11 11
"
11
"
policy period and was not, prior to the policy period, known to have occurred by any insured listed
under Paragraph 1. of Section C. WHO IS AN INSURED or any employee authorized by you to 11 11
give or receive notice of an occurrence or claim, includes any continuation, change or resumption
11 11
of that bodily injury property damage personal injury or advertising injury after the end of
11 11 11 11 11
"
11
"
the policy period.
(7) Bodily injury property damage personal injury or advertising injury will be deemed to
11 11
"
11
"
11
"
have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of
C. WHO IS AN INSURED or any employee authorized by you to give or receive notice of an
11
"
occurrence or claim:
II
11
II II
(a) Reports all, or any part, of the bodily injury 11
property damage II U
personal injury" or
advertising injury" to us or any other insurer;
(b) Receives a written or verbal demand or claim for damages because of bodily injury 11
property damage personal injury"or" advertising injury"; or
(c) Becomes aware by any other means that bodily injury property damage 11
,
11 11
personal
injury or advertising injury has occurred or has begun to occur.
11 11
"
03-386 (04-02) Page 1 of 1
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
A. The following provisions are added to the Businessowners Policy and apply to Property and Liability
Coverages:
Cap On Certified Terrorism Losses
"Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence
with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant
to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a
"certified act of terrorism" include the following:
1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of
insurance subject to the Terrorism Risk Insurance Act; and
2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is
committed by an individual or individuals as part of an effort to coerce the civilian population of the
United States or to influence the policy or affect the conduct of the United States Government by
coercion.
If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act
exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer
deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of
the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are
subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury.
B. The following provision is added to Businessowners Standard Property Coverage Form BP 00 01 ,
Businessowners Special Property Coverage Form BP 00 02 or Section I Property of Businessowners
Coverage Form BP 00 03
APPLICATION OF OTHER EXCLUSIONS
The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism
exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this
Coverage Form or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military
Action Exclusion.
BP 05 23 01 08 Page 1 of 1 Includes copyrighted material of
Insurance Services Office, Inc., 2007, with its permission.
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION OF PUNITIVE DAMAGES RELATED TO A
CERTIFIED ACT OF TERRORISM
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
The following provisions are added to the Businessowners Liability Coverage Form BP 00 06 and Section II
Liability of the Businessowners Coverage Form BP 00 03
A. The following exclusion is added:
This insurance does not apply to:
TERRORISM PUNITIVE DAMAGES
Damages arising, directly or indirectly, out of a "certified act of terrorism" that are awarded as punitive
damages.
B. The following definition is added:
"Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence
with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant
to the federal Terrorism Risk Insurance Act. The criteria contained in the federal Terrorism Risk Insurance
Act for a "certified act of terrorism" include the following:
1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of
insurance subject to the Terrorism Risk Insurance Act; and
2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is
committed by an individual or individuals, as part of an effort to coerce the civilian population of the
United States or to influence the policy or affect the conduct of the United States Government by
coercion.
BP 05 42 01 08 Page 1 of 1 Includes copyrighted material of
Insurance Services Office, Inc., 2007, with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXTENDED REPLACEMENT COST ENDORSEMENT
COVERED BUILDING PROPERTY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS STANDARD PROPERTY COVERAGE FORM BP 00 01
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM BP 00 02
With respects to buildings to which this endorsement applies:
The phrase "covered Building property" means property covered under A.1. Covered Property a. "Buildings, ... "
as specified and included in the Businessowners Standard Property Coverage Form BP 00 01) or
Businessowners Special Property Coverage Form (BP 00 02) , the CIG Property Plus form (03-411 or 03-411
WA) , and other applicable forms and endorsements attached to this Policy in force at the time of loss, whether
such property is a covered building, a covered structure or fixture that is not a building, or other property
specifically covered under A.1.a. that is not a structure, fixture or building.
If, as a result of a covered loss, the cost you incur to repair or replace "covered Building property" exceeds the
applicable Limit of Insurance for such property, inclusive of any applicable Inflation Guard pro-rata increase, we
agree to provide an additional amount of insurance subject to the following provisions:
A. As to the coverage provided under this Endorsement, section C.1. Limits of Insurance of the
Businessowners Standard Property Coverage Form (BP 00 01) or Businessowners Special Property
Coverage Form (BP 00 02) , is deleted and replaced by the following.
The most we will pay for loss or damage to "covered Building property" at Replacement Cost
Value in any one occurrence is one hundred-twenty-five percent (125%) of the Limit of Insurance
applying to such "covered Building property'' as shown in the Property Declarations and/or
Schedule(s), inclusive of any applicable Inflation Guard optional pro-rata increase.
B. The coverage provided under this Endorsement applies only to "covered Building property" that is insured at
Replacement Cost Value, and then only to claims for Replacement Cost Value, then subject to the policy's
Loss Payment conditions applying to Replacement Cost Value claims and all other policy terms, limitations
and conditions except as expressly provided otherwise hereunder. The coverage provided under this
Endorsement applies only if and when you first actually incur costs to repair, rebuild, reconstruct or replace
"covered Building property" in excess of the Limit of Insurance applying to such property, and does not apply
to any claims for Actual Cash Value.
C. If the policy Declarations reflect that Building Ordinance Provision additional coverage as provided under the
the CIG Property Plus form (03-411 or 03-411 WA) is "Included" in the Limit of Liability applying to "covered
Building property and you have paid additional premium for such "Included" option, then coverage under this
Endorsement for claims at Replacement Cost Value shall apply to and include the sum of
i) amounts you actually spend to repair, rebuild, replace or reconstruct "covered Building property" following
a covered loss to such property on the same premises with the same specifications, attributes, style,
dimensions, configuration and comparable quality as actually existed at the time of the covered loss; and
ii) amounts you actually incur for any increased cost attributable to enforcement of any ordinance or law
regulating the construction, use, repair or replacement of any property, to the extent such costs would
otherwise be covered under the Building Ordinance Provision.
However, the additional amount of insurance provided under this Endorsement does not apply to or include
any of the following, irrespective of whether coverage otherwise applies absent this Endorsement:
03-254 (08-12) Page 1 of 2
1. Any cost or expense for Debris Removal or demolition of any property, except as covered under the
Building Ordinance Provision additional coverage; and
2. Any Newly Acquired or Constructed Property as further set forth and described in section A.5.
Coverage Extensions , item n. Newly Acquired or Constructed Property, sub-section (1) of the CIG
Property Plus (03-411 or 03-411 WA)
D. If the "Included" option for Building Ordinance Provision coverage does not apply, the additional amount of
insurance provided under this Endorsement does not apply to or include any of the following, irrespective of
whether coverage otherwise applies absent this Endorsement:
1. Any increased cost attributable to enforcement of any ordinance or law regulating the construction, use,
repair or replacement of any property;
2. Any cost or expense for Debris Removal or demolition of any property;
3. Any Newly Acquired or Constructed Property as further set forth and described in section A.5.
Coverage Extensions , item n. Newly Acquired or Constructed Property, sub-section (1) of the CIG
Property Plus (03-411)
The additional amount of insurance provided under this Endorsement is limited to the amount you actually
spend to repair, rebuild, replace or reconstruct "covered Building property" following a covered loss to such
property, but not for more than the amount it would cost to repair, rebuild, replace or reconstruct such
property on the same premises with the same specifications, attributes, style, dimensions, configuration and
comparable quality as actually existed at the time of the covered loss.
E. 1. As to any "covered Building property" subject to a Blanket Limit of Liability, coverage under this
Endorsement shall not apply until and unless the full amount of such Blanket Limit of Liabilty is exhausted
by payment, and then only for Replacement Cost Value claims excess such Blanket Limit.
2. As to any "covered Building property" insured subject to its own Limit of Liability applicable to a described
Premises and Building number and which not subject to a Blanket Limit of Liability, coverage under this
endorsement shall not apply until and unless the full amount of the Limit of Liability applying to "covered
Building property'' at the described Premises and Building number is exhausted by payment, and then
only for Replacement Cost Value claims excess such Limit.
3. Payments we make under any policy coverage that expressly applies in addition to and is not included in
the Limit(s) of Liability for "covered Building property" shall not erode or otherwise be counted within any
applicable Limit of Liability that must be exhausted by payment for the coverage provided under this
Endorsement to potentially apply.
All other provisions of this policy apply except as expressly provided otherwise herein as to coverage provided
under this Endorsement.
03-254 (08/12) Page 2 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ELIMINATION OF COINSURANCE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS STANDARD PROPERTY COVERAGE FORM BP 00 01
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM BP 00 02
E. Property Loss Conditions
6. Loss Payment, sections E. 6. d. (1) (a) and (b), are modified as follows:
E. 6. d. (1) (a) , first paragraph, is deleted and replaced by:
(a) At the time of loss we will pay the cost to repair or replace,
after application of the deductible and without deduction for
depreciation, but not more than the least of the following amounts:
E. 6. d. (1) (a) sections (i), (ii) and (iii) remain unchanged; and
E. 6. d. (1) (b) is deleted.
All other terms and conditions of this policy remain unchanged.
03-250 (08/12) Page 1 of 1
BUSINESSOWNERS LIABILITY COVERAGE
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COVERAGE EXTENSION SUPPLEMENTARY PAYMENTS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM (BP 00 06)
Under A. COVERAGES, 1. Business Liability , item e. is deleted and replaced by the following:
e. Coverage Extension Supplementary Payments
In addition to the Limit of Insurance we will pay, with respect to any claim we investigate or settle,
or any "suit" against an insured we defend:
(1) All expenses we incur.
(2) Up to $250 for cost of bail bonds required because of accidents or traffic law violations
arising out of the use of any vehicle to which Business Liability Coverage for "bodily
injury" applies. We do not have to furnish these bonds.
(3) The cost of bonds to release attachments, but only for bond amounts within our Limit of
Insurance. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the insured at our request to assist us in the
investigation or defense of the claim or "suit," including actual loss of earnings up to $250
a day because of time off from work.
(5) All costs taxed against the insured in the "suit"
(6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If
we make an offer to pay the applicable Limit of Insurance, we will not pay any
prejudgment interest based on that period of time after the offer.
(7) All interest on the full amount of any judgment that accrues after entry of the judgment
and before we have paid, offered to pay, or deposited in court the part of the judgment
that is within our applicable Limit of Insurance
NOTHING HEREIN CONTAINED SHALL VARY, ALTER, WAIVE OR EXTEND ANY OF THE
TERMS, PROVISIONS, REPRESENTATIONS, CONDITIONS OR AGREEMENTS OF THE
POLICY OTHER THAN AS STATED ABOVE.
03-608 (04-12) Page 1 of 1
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
MANAGERS OR LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE *
Designation of Premises (Part Leased to You): 4420- 4440-4460 Old Redwood Hwy Santa Rosa
95403
Name of Person or Organization (Additional Insured): Broll Investments, Inc.
c/o Brandon Broll
11260 Donner Pass Road
Ste C1, #133
Truckee, CA 96161
Additional Premium: INCLUDED
* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
A. The following is added to Paragraph C. WHO IS B. The following exclusions are added:
AN INSURED in the Businessowners Liability
This insurance does not apply to:
Coverage form:
1. Any "occurrence" that takes place after you
4. The person or organization shown in the
cease to be a tenant in the premises
Schedule is also an insured, but only with
described in the Schedule.
respect to liability arising out of the
ownership, maintenance or use of that part 2. Structural alterations, new construction or
of the premises leased to you and shown in demolition operations performed by or for
the Schedule. the person or organization designated in the
Schedule.
BP 04 02 01 87 Page 1 of 1 Copyright, Insurance Services Office, Inc., 1984, 1985
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
MANAGERS OR LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE *
Designation of Premises (Part Leased to You): 4420- 4440-4460 Old Redwood Hwy Santa Rosa
95403
Name of Person or Organization (Additional Insured): Sunrise Management
c/o 7837
Convoy Court
#100
San Diego, CA 92111
Additional Premium: INCLUDED
* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
A. The following is added to Paragraph C. WHO IS B. The following exclusions are added:
AN INSURED in the Businessowners Liability
This insurance does not apply to:
Coverage form:
1. Any "occurrence" that takes place after you
4. The person or organization shown in the
cease to be a tenant in the premises
Schedule is also an insured, but only with
described in the Schedule.
respect to liability arising out of the
ownership, maintenance or use of that part 2. Structural alterations, new construction or
of the premises leased to you and shown in demolition operations performed by or for
the Schedule. the person or organization designated in the
Schedule.
BP 04 02 01 87 Page 1 of 1 Copyright, Insurance Services Office, Inc., 1984, 1985
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
MORTGAGEE, ASSIGNEE, OR RECEIVER
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE *
Name of Person or Organization: JPMorgan Chase Bank, NA and its successors and assigns
c/oTX1-1711
P.O. Box 9005
Coppell, TX 75019
Designation of Premises: 4420- 4440-4460 Old Redwood Hwy Santa Rosa 95403
* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
The following is added to Paragraph C. WHO IS AN maintenance, or use of the premises by you and
INSURED in the Businessowners Liability Coverage as shown in the Schedule.
Form: This insurance does not apply to structural
4. The person or organization shown in the alterations, new construction and demolition
Schedule is also an insured, but only with operations performed by or for that person or
respect to liability as mortgagee, assignee, or organization.
receiver and arising out of the ownership,
BP 04 09 01 87 Page 1 of 1 Copyright, Insurance Services Office, Inc., 1985
POLICY NUMBER: 4-BOP-1-1894701
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LOSS PAYABLE PROVISIONS
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE *
Provision Applicable
Prem. Bldg. Description Loss Payee (Indicate Paragraph
No. No. Of Property (Name & Address) A, B or C)
1 1: 72 unit JPMorgan Chase Bank, NA and
Apartment its successors and assigns
Building PO Box 9005
Coppell, TX 75019
Loan No: 100534857
* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
The following is added to the Businessowners a. We will pay for covered loss or damage
Property Coverage Form LOSS PAYMENT Loss to each Loss Payee in their order of
Condition, as shown in the Declarations or by an "A," precedence, as interests may appear.
"B" or "C" in the Schedule: b. The Loss Payee has the right to receive
A. LOSS PAYABLE
Preview
1. Nuclear Hazard; 2. Biological Hazard; 3. Chemical Hazard; 4. Environmental Hazard; or 5. Radioactive Agent Hazard II. These include, but are not limited to any nuclear reaction; nuclear radiation; radioactive contamination; any solid, semi-solid, liquid, gaseous, or thermal irritant, pollutant or contaminant of any kind or nature; smoke, vapor, soot, and fumes; acids, alkali, and derivative materials, gases, vapors or compounds; any chemical, biological and/or other etiological or pathogenic agent or material; any electromagnetic, radio frequency, optical and/or ionizing radiation or energy; any genetically engineered agent or material; any teratogenic, carcinogenic, and/or mutagenic agent or material; and waste; all regardless of location, and whether in any enclosed space of any kind or nature, or in the open. Waste includes any material to be disposed of, recycled, reconditioned or reclaimed. III This exclusion applies to all claims for: 1. Any loss or damage to and/or repair or replacement of any property, including but not limited to Covered Property; 2. Any loss of use or delay in rebuilding, repairing or replacing any property, including but not limited to Covered Property; 3. Any and all remediation costs to remove excluded material from, decontaminate or clean any property or to repair, restore or replace any property, including but not limited to Covered Property; 4. Any and all costs to test for, contain, treat, dispose of and/or assess the effects of excluded material on any property, including but not limited to Covered Property; or 5. Any and all costs incurred to test or monitor any air or property. 6. This exclusion does not apply to the sudden, accidental, discharge of a radioactive agent from medical diagnostic or treatment equipment necessary or incidental to your business operations covered under this policy, when that equipment is damaged by a peril covered under this policy. IV. Notwithstanding any other provisions of this policy, all losses or types of loss, damage, claims or expense described in Paragraphs I. , II. , and III. above are not covered under any circumstances when the following causes of loss in any manner cause, result in, relate to, or contribute concurrently or in any sequence to losses or types of loss, damage, claims or expense: 1. Any "specified causes of loss" or other Covered Cause of Loss listed in a. through g. below: a. Explosion of any kind or nature. However, we will afford coverage otherwise available under the policy solely as to Hazards 2. 3. and 4. in Paragraph I. above where our investigation conclusively verifies or the insured conclusively demonstrates that the explosion was accidental, and not the result of an intentional act on the part of any person or entity; b. Vandalism or malicious mischief; c. Acts of destruction, including but not limited to acts of destruction by an employee; d. Collapse; e. Falling objects; f. Vehicles, watercraft, and all other conveyances of any kind or nature; g. Aircraft; or 2. Any and all causes of loss excluded under the policy or that are not otherwise a Covered Cause of Loss under the policy. The provisions and exclusions of this endorsement, including but not limited to Paragraph IV. above, supersede any and all conflicting provisions of the policy to which this endorsement is attached as to any and all losses or types of loss, damage, claims or expense described in Paragraphs I. , II. , and III. above. 03-416 (03-07) Page 2 of 2 POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACTS OF NUCLEAR, BIOLOGICAL, CHEMICAL OR RADIOACTIVE TERRORISM This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. The following exclusion is added: EXCLUSION OF AN "OTHER ACT OF TERRORISM" We will not pay for "any injury or damage" of any kind or nature arising directly or indirectly out of any "other act of terrorism." But this exclusion applies only when one or more of the following are attributed to such act: 1. The terrorism involves the use, dispersal, discharge, release, application or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 2. The terrorism is carried out by means of the use, dispersal, discharge, release, application or escape of pathogenic or poisonous biological, chemical or radioactive materials; or 3. Pathogenic or poisonous biological, chemical or radioactive materials are used, dispersed, discharged, released, applied or escaped and it appears that one purpose of the terrorism was to use, disperse, discharge, release, apply or cause the escape of such materials. B. The following definitions are added with respect to the provisions of this endorsement: 1. "Any injury or damage" means any injury or damage under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury," "property damage," "personal and advertising injury," "injury" or "environmental damage" as may be defined in any applicable Coverage Part or endorsement. 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not a "certified act of terrorism." Multiple incidents of an "other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. 03-424 (03-08) Page 1 of 1 POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPOILAGE COVERAGE OFF PREMISES POWER FAILURE DIRECT DAMAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM This endorsement insures against direct physical loss or damage to Perishable Stock caused by the interruption of electrical power, water or gas utility service to the described premises. The interruption must result from direct physical loss or damage by a Covered Cause of Loss to Utility Supply Services not located in or on the described premises. The most we will pay in any one occurrence for the loss or damage covered under this endorsement is $25,000. Utility Supply Services , meaning the following types of property supplying electricity, water or gas to the described premises: 1. Electrical power, gas or water generating, supply or reclamation plants; 2. Electrical power switching stations; substations; transformers; and transmission lines (including overhead or underground transmission lines); 3. Gas or water fixed storage tanks; 4. Water or gas supply mains, pipes and related, attached equipment and fixtures (whether above ground or underground). Utility Supply Services described above are limited to property consisting of realty fixtures or real property improvements, and do not include personal property or mobile equipment of any kind. As to coverage provided under this endorsement, the following is added to Paragraph A.2. Property Not Covered g. Property located: (1) On buildings; (2) In the open; or (3) In vehicles. The following is added to H. PROPERTY DEFINITIONS 8. Perishable Stock " means personal property: a. Maintained under controlled conditions for its preservation; and b. Susceptible to loss or damage by spoilage or decay if the controlled conditions change. 03-396 (06-03) Page 1 of 1 POLICY NUMBER: 4-BOP-1-1894701 LIMITED LIABILITY COMPANY ENDORSEMENT If the named insured, as designated in the Declarations, is shown as a Limited Liability Company (LLC), you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. No newly acquired or newly formed Limited Liability Company will automatically qualify as a named insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, or Limited Liability Company that is not shown as a Named Insured in the Declarations of this policy. All terms and conditions of this policy remain unchanged. 03-313 (09-99) Page 1 of 1 POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PATHOGENIC ORGANISMS EXCLUSION SPECIFICALLY EXCEPTED PERIL For Businessowners With respect to this endorsement, all other provisions of the policy apply unless modified by this endorsement. Section A. COVERAGE Under 5. Additional Coverages , the following is added: n. Pathogenic Organisms. If we have paid for a covered loss to item a. Buildings , under section A. COVERAGE , 1. Covered Property , and as a result of said loss an ensuing damage(s) from a pathogenic organism occurs within 60 days of the date of the covered loss, we will pay, whichever is higher, $7,500 or 2 percent (not to exceed $50,000) of the limit of insurance on that building, to clean up or otherwise remove the pathogenic organisms . This is the most we will pay including any testing costs. 1. For multiple locations and/or multiple buildings insured on a blanket basis, the 2 percent of the limit of insurance will be applied to the building's (the building that had the loss) pro rata share of the blanket limit of insurance as determined by its replacement cost compared with the replacement cost of all buildings covered by the blanket limit of insurance. 2. This additional coverage does not provide for or extend coverage for any element(s) of Loss of Use, including but not limited to, loss of Business Income including Rental Value, or Extra Expense. Conditions: 1. The ensuing damage(s) from a pathogenic organism must be reported to us within 60 days of the date of the covered loss, and 2. The premise(s) loss location must be shown in the Declarations at the time of loss. Section B. EXCLUSIONS is amended to read as follows: Under B. EXCLUSIONS , item 2.k.(2) , "(2) Rust, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself;," is deleted and replaced by the following: (2) Rust, corrosion, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; The following exclusion is added to Section B. EXCLUSIONS 6. We do not insure for loss or damage caused by, resulting from, contributing to or made worse by the actual, alleged or threatened presence of any pathogenic organism , all whether direct or indirect, proximate or remote, or in whole or in part caused by, contributed to or aggravated by any physical damage insured by this policy, except as provided under section A. COVERAGE 5. Additional Coverages n. Pathogenic Organisms Section H. PROPERTY DEFINITIONS The following definition is added to the H. PROPERTY DEFINITIONS section: 8. "Pathogenic Organisms" means any bacteria, yeast, mildew, virus, fungi, mold, or their spores, mycotoxins, or other metabolic products. 03-380 (04-02) Page 1 of 1 POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PATHOGENIC ORGANISMS EXCLUSION This endorsement modifies insurance provided under this policy: BUSINESSOWNERS POLICY COMPREHENSIVE GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA POLICY The following exclusion is added to the "Exclusions" section of the policy: This insurance does not apply to: 1. "Bodily Injury," "Property Damage," "Personal Injury," or "Advertising Injury" arising out of any "pathogenic organisms" regardless of any other cause or event that contributed concurrently, or in any sequence to that injury or damage. This exclusion does not apply to "bodily injury," which may result from the consumption of your product(s). "Pathogenic organisms" means any bacteria, yeast, mildew, virus, fungi, mold, or their spores, mycotoxins, or other metabolic products. 03-346 (04-02) Page 1 of 1 POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS SPECIAL PROPERTY COVERAGE LIMITATIONS AND EXCLUSIONS ENDORSEMENT With respect to this endorsement, all other provisions of the policy apply unless modified by this endorsement. This endorsement modifies insurance provided under the following: BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM Section A. COVERAGE Under 4. Limitations , the following is added: e. The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet, ice, sand, or dust, whether driven by wind or not, unless: (1) The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain, snow, sleet, ice, sand, or dust enters; or (2) The loss or damage is caused by or results from thawing of snow, sleet, or ice on the building or structure. Section B. EXCLUSIONS is amended to read as follows: The following exclusion is added to Section B. EXCLUSIONS 6. Continuous or repeated seepage or leakage of water that occurs over a period of 14 days or more. 03-385 (04-02) Page 1 of 1 POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY COVERAGE LIMITATIONS AND EXCLUSIONS ENDORSEMENT With respect to this endorsement, all other provisions of the policy apply unless modified by this endorsement. This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Under A. COVERAGES 1. Business Liability , item b. is deleted and replaced by the following: b. This insurance applies to "bodily injury property damage II U personal injury"and advertising injury 11 only if: 11 U (1) The" bodily injury property damage personal injury"or advertising injury" is caused by an 11 occurrence " that takes place in the "coverage territory (2) The personal injury is caused by an offense arising out of your business, excluding advertising, 11 " publishing, broadcasting, or telecasting done by or for you; (3) The advertising injury "is caused by an offense committed in the course of advertising your goods, 11 products or services; u (4) The" bodily injury property damage 11 personal injury"or advertising injury" occurs during the 11 policy period; and (5) Prior to the policy period, no insured listed under Paragraph 1. of Section C. WHO IS AN INSURED and no "employee" authorized by you to give or receive notice of an "occurrence or claim, knew 11 that "bodily injury " "property damage " personal injury or advertising injury" had occurred, in II ,, II ' ' whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that" bodily injury " "property damage " "personal injury" or "advertising injury" occurred, then ' ' any continuation, change or resumption of such "bodily injury ," "property damage , personal 11 " injury" or advertising injury during or after the policy period will be deemed to have been known 11 " prior to the policy period. (6) Bodily injury property damage personal injury or advertising injury that occurs during the 11 " " 11 11 " 11 " policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section C. WHO IS AN INSURED or any employee authorized by you to 11 11 give or receive notice of an occurrence or claim, includes any continuation, change or resumption 11 11 of that bodily injury property damage personal injury or advertising injury after the end of 11 11 11 11 11 " 11 " the policy period. (7) Bodily injury property damage personal injury or advertising injury will be deemed to 11 11 " 11 " 11 " have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of C. WHO IS AN INSURED or any employee authorized by you to give or receive notice of an 11 " occurrence or claim: II 11 II II (a) Reports all, or any part, of the bodily injury 11 property damage II U personal injury" or advertising injury" to us or any other insurer; (b) Receives a written or verbal demand or claim for damages because of bodily injury 11 property damage personal injury"or" advertising injury"; or (c) Becomes aware by any other means that bodily injury property damage 11 , 11 11 personal injury or advertising injury has occurred or has begun to occur. 11 11 " 03-386 (04-02) Page 1 of 1 POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. The following provisions are added to the Businessowners Policy and apply to Property and Liability Coverages: Cap On Certified Terrorism Losses "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. B. The following provision is added to Businessowners Standard Property Coverage Form BP 00 01 , Businessowners Special Property Coverage Form BP 00 02 or Section I Property of Businessowners Coverage Form BP 00 03 APPLICATION OF OTHER EXCLUSIONS The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Form or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. BP 05 23 01 08 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., 2007, with its permission. POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following provisions are added to the Businessowners Liability Coverage Form BP 00 06 and Section II Liability of the Businessowners Coverage Form BP 00 03 A. The following exclusion is added: This insurance does not apply to: TERRORISM PUNITIVE DAMAGES Damages arising, directly or indirectly, out of a "certified act of terrorism" that are awarded as punitive damages. B. The following definition is added: "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the federal Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. BP 05 42 01 08 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., 2007, with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED REPLACEMENT COST ENDORSEMENT COVERED BUILDING PROPERTY This endorsement modifies insurance provided under the following: BUSINESSOWNERS STANDARD PROPERTY COVERAGE FORM BP 00 01 BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM BP 00 02 With respects to buildings to which this endorsement applies: The phrase "covered Building property" means property covered under A.1. Covered Property a. "Buildings, ... " as specified and included in the Businessowners Standard Property Coverage Form BP 00 01) or Businessowners Special Property Coverage Form (BP 00 02) , the CIG Property Plus form (03-411 or 03-411 WA) , and other applicable forms and endorsements attached to this Policy in force at the time of loss, whether such property is a covered building, a covered structure or fixture that is not a building, or other property specifically covered under A.1.a. that is not a structure, fixture or building. If, as a result of a covered loss, the cost you incur to repair or replace "covered Building property" exceeds the applicable Limit of Insurance for such property, inclusive of any applicable Inflation Guard pro-rata increase, we agree to provide an additional amount of insurance subject to the following provisions: A. As to the coverage provided under this Endorsement, section C.1. Limits of Insurance of the Businessowners Standard Property Coverage Form (BP 00 01) or Businessowners Special Property Coverage Form (BP 00 02) , is deleted and replaced by the following. The most we will pay for loss or damage to "covered Building property" at Replacement Cost Value in any one occurrence is one hundred-twenty-five percent (125%) of the Limit of Insurance applying to such "covered Building property'' as shown in the Property Declarations and/or Schedule(s), inclusive of any applicable Inflation Guard optional pro-rata increase. B. The coverage provided under this Endorsement applies only to "covered Building property" that is insured at Replacement Cost Value, and then only to claims for Replacement Cost Value, then subject to the policy's Loss Payment conditions applying to Replacement Cost Value claims and all other policy terms, limitations and conditions except as expressly provided otherwise hereunder. The coverage provided under this Endorsement applies only if and when you first actually incur costs to repair, rebuild, reconstruct or replace "covered Building property" in excess of the Limit of Insurance applying to such property, and does not apply to any claims for Actual Cash Value. C. If the policy Declarations reflect that Building Ordinance Provision additional coverage as provided under the the CIG Property Plus form (03-411 or 03-411 WA) is "Included" in the Limit of Liability applying to "covered Building property and you have paid additional premium for such "Included" option, then coverage under this Endorsement for claims at Replacement Cost Value shall apply to and include the sum of i) amounts you actually spend to repair, rebuild, replace or reconstruct "covered Building property" following a covered loss to such property on the same premises with the same specifications, attributes, style, dimensions, configuration and comparable quality as actually existed at the time of the covered loss; and ii) amounts you actually incur for any increased cost attributable to enforcement of any ordinance or law regulating the construction, use, repair or replacement of any property, to the extent such costs would otherwise be covered under the Building Ordinance Provision. However, the additional amount of insurance provided under this Endorsement does not apply to or include any of the following, irrespective of whether coverage otherwise applies absent this Endorsement: 03-254 (08-12) Page 1 of 2 1. Any cost or expense for Debris Removal or demolition of any property, except as covered under the Building Ordinance Provision additional coverage; and 2. Any Newly Acquired or Constructed Property as further set forth and described in section A.5. Coverage Extensions , item n. Newly Acquired or Constructed Property, sub-section (1) of the CIG Property Plus (03-411 or 03-411 WA) D. If the "Included" option for Building Ordinance Provision coverage does not apply, the additional amount of insurance provided under this Endorsement does not apply to or include any of the following, irrespective of whether coverage otherwise applies absent this Endorsement: 1. Any increased cost attributable to enforcement of any ordinance or law regulating the construction, use, repair or replacement of any property; 2. Any cost or expense for Debris Removal or demolition of any property; 3. Any Newly Acquired or Constructed Property as further set forth and described in section A.5. Coverage Extensions , item n. Newly Acquired or Constructed Property, sub-section (1) of the CIG Property Plus (03-411) The additional amount of insurance provided under this Endorsement is limited to the amount you actually spend to repair, rebuild, replace or reconstruct "covered Building property" following a covered loss to such property, but not for more than the amount it would cost to repair, rebuild, replace or reconstruct such property on the same premises with the same specifications, attributes, style, dimensions, configuration and comparable quality as actually existed at the time of the covered loss. E. 1. As to any "covered Building property" subject to a Blanket Limit of Liability, coverage under this Endorsement shall not apply until and unless the full amount of such Blanket Limit of Liabilty is exhausted by payment, and then only for Replacement Cost Value claims excess such Blanket Limit. 2. As to any "covered Building property" insured subject to its own Limit of Liability applicable to a described Premises and Building number and which not subject to a Blanket Limit of Liability, coverage under this endorsement shall not apply until and unless the full amount of the Limit of Liability applying to "covered Building property'' at the described Premises and Building number is exhausted by payment, and then only for Replacement Cost Value claims excess such Limit. 3. Payments we make under any policy coverage that expressly applies in addition to and is not included in the Limit(s) of Liability for "covered Building property" shall not erode or otherwise be counted within any applicable Limit of Liability that must be exhausted by payment for the coverage provided under this Endorsement to potentially apply. All other provisions of this policy apply except as expressly provided otherwise herein as to coverage provided under this Endorsement. 03-254 (08/12) Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELIMINATION OF COINSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS STANDARD PROPERTY COVERAGE FORM BP 00 01 BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM BP 00 02 E. Property Loss Conditions 6. Loss Payment, sections E. 6. d. (1) (a) and (b), are modified as follows: E. 6. d. (1) (a) , first paragraph, is deleted and replaced by: (a) At the time of loss we will pay the cost to repair or replace, after application of the deductible and without deduction for depreciation, but not more than the least of the following amounts: E. 6. d. (1) (a) sections (i), (ii) and (iii) remain unchanged; and E. 6. d. (1) (b) is deleted. All other terms and conditions of this policy remain unchanged. 03-250 (08/12) Page 1 of 1 BUSINESSOWNERS LIABILITY COVERAGE POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE EXTENSION SUPPLEMENTARY PAYMENTS This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM (BP 00 06) Under A. COVERAGES, 1. Business Liability , item e. is deleted and replaced by the following: e. Coverage Extension Supplementary Payments In addition to the Limit of Insurance we will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of bonds to release attachments, but only for bond amounts within our Limit of Insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $250 a day because of time off from work. (5) All costs taxed against the insured in the "suit" (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within our applicable Limit of Insurance NOTHING HEREIN CONTAINED SHALL VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, PROVISIONS, REPRESENTATIONS, CONDITIONS OR AGREEMENTS OF THE POLICY OTHER THAN AS STATED ABOVE. 03-608 (04-12) Page 1 of 1 POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE * Designation of Premises (Part Leased to You): 4420- 4440-4460 Old Redwood Hwy Santa Rosa 95403 Name of Person or Organization (Additional Insured): Broll Investments, Inc. c/o Brandon Broll 11260 Donner Pass Road Ste C1, #133 Truckee, CA 96161 Additional Premium: INCLUDED * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. A. The following is added to Paragraph C. WHO IS B. The following exclusions are added: AN INSURED in the Businessowners Liability This insurance does not apply to: Coverage form: 1. Any "occurrence" that takes place after you 4. The person or organization shown in the cease to be a tenant in the premises Schedule is also an insured, but only with described in the Schedule. respect to liability arising out of the ownership, maintenance or use of that part 2. Structural alterations, new construction or of the premises leased to you and shown in demolition operations performed by or for the Schedule. the person or organization designated in the Schedule. BP 04 02 01 87 Page 1 of 1 Copyright, Insurance Services Office, Inc., 1984, 1985 POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE * Designation of Premises (Part Leased to You): 4420- 4440-4460 Old Redwood Hwy Santa Rosa 95403 Name of Person or Organization (Additional Insured): Sunrise Management c/o 7837 Convoy Court #100 San Diego, CA 92111 Additional Premium: INCLUDED * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. A. The following is added to Paragraph C. WHO IS B. The following exclusions are added: AN INSURED in the Businessowners Liability This insurance does not apply to: Coverage form: 1. Any "occurrence" that takes place after you 4. The person or organization shown in the cease to be a tenant in the premises Schedule is also an insured, but only with described in the Schedule. respect to liability arising out of the ownership, maintenance or use of that part 2. Structural alterations, new construction or of the premises leased to you and shown in demolition operations performed by or for the Schedule. the person or organization designated in the Schedule. BP 04 02 01 87 Page 1 of 1 Copyright, Insurance Services Office, Inc., 1984, 1985 POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MORTGAGEE, ASSIGNEE, OR RECEIVER This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE * Name of Person or Organization: JPMorgan Chase Bank, NA and its successors and assigns c/oTX1-1711 P.O. Box 9005 Coppell, TX 75019 Designation of Premises: 4420- 4440-4460 Old Redwood Hwy Santa Rosa 95403 * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph C. WHO IS AN maintenance, or use of the premises by you and INSURED in the Businessowners Liability Coverage as shown in the Schedule. Form: This insurance does not apply to structural 4. The person or organization shown in the alterations, new construction and demolition Schedule is also an insured, but only with operations performed by or for that person or respect to liability as mortgagee, assignee, or organization. receiver and arising out of the ownership, BP 04 09 01 87 Page 1 of 1 Copyright, Insurance Services Office, Inc., 1985 POLICY NUMBER: 4-BOP-1-1894701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE * Provision Applicable Prem. Bldg. Description Loss Payee (Indicate Paragraph No. No. Of Property (Name & Address) A, B or C) 1 1: 72 unit JPMorgan Chase Bank, NA and Apartment its successors and assigns Building PO Box 9005 Coppell, TX 75019 Loan No: 100534857 * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to the Businessowners a. We will pay for covered loss or damage Property Coverage Form LOSS PAYMENT Loss to each Loss Payee in their order of Condition, as shown in the Declarations or by an "A," precedence, as interests may appear. "B" or "C" in the Schedule: b. The Loss Payee has the right to receive A. LOSS PAYABLE