NATIONAL CONTRACTORS INSURANCE COMPANY, INC. A RISK RETENTION GROUP COMMERCIAL GENERAL LIABILITY POLICY MANUSCRIPT FORM II

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1 VARIOUS PROVISIONS IN THIS POLICY RESTRICT COVERAGE. THE COVERAGE PROVIDED BY THIS POLICY IS MORE RESTRICTIVE THAN COVERAGE PROVIDED UNDER SOME OTHER COMMERCIAL GENERAL LIABILITY INSURANCE POLICIES. READ THIS ENTIRE POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED. NOTICE: This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your State. State insurance insolvency guaranty funds are not available for your risk retention group. Throughout this insurance policy the words you and your refer only to the Named Insured shown in the Declarations page of this insurance policy and any other person or organization qualifying as a Named Insured under this insurance policy. The words we, us and our refer to National Contractors Insurance Company, Inc., a which is the company providing this insurance. The word insured includes the Named Insured and includes any person or organization qualifying as an insured under WHO IS AN INSURED (SECTION II). Words and phrases that appear in quotation marks have special meanings. In addition to the definitions above, please refer to the definitions of the words and phrases in quotes in DEFINITIONS (SECTION V). SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will only pay those sums that an insured under this insurance policy, becomes legally obligated to pay as compensatory tort damages as a direct Page 1 of 33 result of an occurrence which takes place during the policy period, which causes bodily injury or property damage during the policy period, and where such tort damages are neither intended nor expected from the standpoint of the insured, to which this insurance applies. We will have the right and duty to defend you, the Named Insured, against any suit seeking those compensatory tort damages, provided that neither you nor any other insured has any other insurance coverage which would provide you with a defense against such a suit, or any part of such a suit. We have no duty to defend any other insured and our duty to indemnify any other insured is expressly limited as set forth in this insurance Policy. Our duty to defend you and our obligation to indemnify you is further limited as provided below and as set forth in the Section of this Policy titled EXCLUSIONS: COVERAGES A AND B. We will have no duty to defend you against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may investigate any occurrence and settle any claim or suit that may result at our sole and absolute discretion. However: (1) The amount we will pay for compensatory tort damages is limited as

2 described in LIMITS OF INSURANCE (SECTION III); and (2) Subject to Subparagraph 1(a)(1) above, our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or Supplementary Payments under Coverages A or B or after the applicable limit of insurance has been tendered for or toward any settlement or judgment, and (3)Where there is no coverage under this insurance policy, there is no duty for us to defend you or any other insured. We shall have no duty to defend you or any insured or indemnify any insured from any claim or suit seeking damages which are excluded from coverage under the terms of this insurance policy. Further, unless applicable law requires otherwise, we shall have no duty to continue to defend any claim or suit at such time when allegations covered or potentially covered by this insurance policy are either dropped or dismissed or when extrinsic facts are discovered which eliminate the potential for coverage under this insurance policy and shall be entitled to withdraw from our defense of you as well as any other insured at that time. (4) We shall have no duty to defend you or any insured against any suit in which it is alleged or claimed that any bodily injury or property damage is continuous or progressive in nature or results from continuous or repeated exposure to a condition, regardless of the potential for indemnity under this insurance policy, unless the suit specifically alleges that all of the bodily injury and property damage for which Page 2 of 33 compensatory tort damages are sought occurred during the policy period or during the periods during which we provide continuous and uninterrupted insurance coverage under this or any other insurance policy issued by us to you. (5) We shall have no duty to defend any suit filed before the inception of this policy period, whether or not you or any other insured were named in the suit when it was originally filed. If such suit is subsequently dismissed and refiled, the original date of filing the original suit shall control for purposes of determining whether we have a duty to defend you. (6) We shall have no duty to defend you against any suit in which it is alleged or claimed that any bodily injury occurred, or any property damage began, in whole or in part, prior to the inception date of this insurance policy. (7) In those cases in which we do not have a duty or obligation to defend you or any other insured, we shall nonetheless have the right to either defend or intervene in any such suit which may involve liability covered by this insurance policy. If we exercise our right to intervene then we will also defend you subject to such reservation of rights, if any, which we consider appropriate. (8) Our duty to defend extends only to the payment of attorneys selected by us. The attorneys we select and retain to defend you shall not represent us nor provide advice to us with regard to issues of coverage under this insurance policy. If there exists a conflict of interest, real or perceived, such that the insured demands independent counsel, the insured may retain its independent

3 counsel to represent the insured, and such independent counsel may associate with counsel retained by us. Except as required otherwise by applicable law, such independent counsel retained by the insured shall be at the insured s sole and exclusive cost and expense. b. This insurance applies to bodily injury and property damage only if: (1) The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; and (2) The bodily injury or property damage is caused by an occurrence which takes place during the policy period whether such occurrence is known or should have been known to the insured ; and (3)The bodily injury or property damage resulting from such occurrence first takes place during the policy period and did not arise out of or result from any damage, defect, deficiency, inadequacy or dangerous condition which was created or which existed prior to the inception date of this insurance policy. c. All bodily injury or property damage arising from, caused by or contributed to by, or in consequence of an occurrence shall be deemed to have first taken place at the time of the first such property damage or bodily injury even though (i) the nature and extent of such property damage or bodily injury may change; (ii) the occurrence giving rise to such property damage or bodily injury may be continuous or repeated exposure to the same generally harmful conditions; (iii) the property damage or bodily injury may be continuous, progressive, intermittent, cumulative, changing or evolving; and (iv) even though the occurrence causing such Page 3 of 33 bodily injury or property damage may be continuous, intermittent or repeated exposure to substantially the same general condition or conditions. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS- COVERAGES A AND B. COVERAGE B. PERSONAL INJURY AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement. a. We will pay those sums that an insured becomes legally obligated to pay as unintentional compensatory tort damages because of personal injury or advertising injury to which this insurance applies. We will have the right and duty to defend you, the Named Insured, against any suit seeking those damages provided that neither you nor any other insured has any other insurance coverage which would provide you with a defense against such a suit, or any part of such a suit. Except as otherwise specifically provided in this insurance policy, we have no duty to defend any other insured. We will have no duty to defend you against any suit seeking damages for personal injury or advertising injury to which this insurance does not apply. Our duty to defend you is further limited as provided below or in the Section of this insurance policy titled Exclusions: Coverages A and B. We may, at our discretion, investigate any occurrence or offense and settle any claim or suit that may result. However,

4 (1) The amount we will pay for compensatory tort damages is limited as described in LIMITS OF INSURANCE (SECTION III); and (2) Our right and duty to defend you or any insured shall end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage A or B or medical expenses under Coverage C or after the applicable limit of insurance has been tendered for any settlement or judgment. (3)Where this is no coverage under this policy, there is no duty for us to defend you or any insured. We shall have no duty to defend you or any insured or indemnify you or any insured from any claim or suit seeking damages which are excluded from coverage under the terms of this insurance policy. Further, we shall have no duty to continue to defend you or any insured in any claim or suit at such time when allegations covered or potentially covered by this insurance policy are either dropped or dismissed. (4) We shall have no duty to defend you or any insured in any suit where a claim for personal injury or advertising injury was made or such suit was filed before the policy period, even though you or any insured were not a party to such suit at the time it was filed and even though such suit may include allegations that advertising injury or personal injury was committed during or after the policy period. (5) We shall have no duty to defend you or any insured in any suit seeking damages for advertising injury or personal injury arising out of the Page 4 of 33 publication of material where it is alleged that the first publication of such material occurred before the beginning of the policy period. (6)All claims for damages because of personal injury or advertising injury to the same person or entity will be deemed to have been made at the time the first of those claims is made against you or any insured. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance only applies to: (1) Personal injury caused by an offense arising out of conducting your business, excluding advertising, publishing, broadcasting or telecasting done by or for you, and only if the offense was committed in the coverage territory during the policy period ; (2) Advertising injury caused by an offense committed in the course of advertising your goods, products or services and only if the offense was committed in the coverage territory during the policy period. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. 2. EXCLUSIONS Coverages A and B. This insurance does not apply to:

5 a. Expected or Intended Injury or Damage Exclusion injury, property damage, personal injury, or advertising injury expected or intended from the standpoint of any insured. b. Contractual Liability Exclusion injury, property damage, personal injury, or advertising injury for which the insured is obligated to pay damages; (1)By reason of the assumption of liability in an oral or written contract or an oral or written agreement. This exclusion does not apply to bodily injury or property damage : (a) That you would have in the absence of the oral or written contract or oral or written agreement; or (b) Assumed by you in a written contract or a written agreement that is an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of the written contract or the written agreement and the bodily injury or property damage arises from your work performed during the policy period and otherwise constitutes an occurrence during the policy period. Solely for the purposes of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage, provided: (1)Liability to such party for, or for Page 5 of 33 the cost of, that party s defense has also been assumed in the same written insured contract, and (2)Such attorney fees and litigation expenses are for defense of that party against a civil suit or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. An insured contract is one in which the written contract or written agreement (a) requires you to name another person or entity as an additional insured ; and (b) specifies that the insurance you must procure on behalf of that person or entity is deemed to be primary and non-contributory in respect of any other insurance available to that person or entity; and (c) requires you to defend that person or entity against any claim or suit against that person or entity that arises out of your work for that person or entity. An insured contract does not include that part of any written or oral contract or written or oral agreement which indemnifies any person or organization for the assumption of their sole negligence. Coverage for liability for bodily injury or property damage assumed in an insured contract is limited to the extent of your negligence or fault according to applicable principles of comparative fault, whether or not your liability under said insured contract is so limited. Coverage for liability you assume in an insured contract is subject to all of the other

6 terms, conditions and exclusions of this insurance policy. c. Liquor Liability Exclusion injury, property damage, personal injury, or advertising injury for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only to an insured in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers Compensation and Similar Laws Exclusion This insurance does not apply to any obligation of you and/or or any obligation of any insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Exclusion injury, personal injury or advertising injury to any insured, as well bodily injury, personal injury or advertising injury to: (1)An employee of any insured arising out of and in the course of: (a) Employment by any insured ; or (b) Performing duties related to the conduct of any insured s business; Page 6 of 33 or (2)The spouse, domestic partner, child, parent, brother or sister of that employee as a consequence of paragraph (1) above. This exclusion applies: (a) Whether the insured may be liable as an employer or in any other capacity; and (b) To any obligation to share damages with or repay someone else who must pay damages because of the bodily injury, personal injury, advertising injury or any other damage; and (c) To any insured against whom a claim is made or suit is filed for such bodily injury, personal injury or advertising injury, whether by or on behalf of an employee of the insured or any other insured. f. Pollution Exclusion (1) injury, personal injury or property damage directly or indirectly caused by, resulting from, arising out of, attributable to or exacerbated by the actual, alleged or threatened discharge, release, escape, leakage, seepage, dispersal or migration of any pollutants, or from the exposure to or presence of any pollutant in any form and from any source whatsoever, regardless of the source of the pollutant. This exclusion applies whether any other cause of the bodily injury, personal injury or property damage This exclusion also excludes defense of claims and indemnity for any bodily injury, personal injury or property damage which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time.

7 (2) This insurance does not apply to any loss, damage, cost or expense arising out of any: (a) Request, claim, suit, demand, decree, or order that any insured or any other person test for the presence of, monitor, clean up, remove, abate, contain, treat, detoxify, neutralize, or in any way respond to, or assess the effects of pollutants ; or (b) Claim, suit, demand, decree, or order issued by or on behalf of any governmental entity or authority seeking compensation or damages as a result of the testing for, monitoring of, as well as the cleaning up, removing, abating, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, any pollutants or alleged pollutants. Pollutant and /or pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, flames, acids, alkalis, asbestos, chemicals, waste, biological materials and agents, petroleum products or products derived from petroleum, as well as non physical pollutants such as noise, vibrations, heat or light. Waste includes materials to be recycled, reconditioned or reclaimed, any all substances or materials generated or used as a result of any recycling process as well as trash. Petroleum products include, but are not limited to, gasoline, kerosene, diesel fuel, motor oils, hydraulic fluids, and solvents. g. Independent Contractor Exclusion injury, personal injury, advertising Page 7 of 33 injury or property damage arising out of the actions or failure to act of any independent contractor working by, for, with or under any insured. This insurance does not apply to bodily injury, personal injury, advertising injury or property damage arising out of the negligent hiring, employment, retention, instruction, supervision, oversight, training, monitoring of any independent contractor by any insured or for any insured who was or is responsible for the actions or failure to act of any such independent contractor working by, for, with or under any insured. This exclusion does not apply if and only if you obtained each of the following from each independent contractor prior to commencing any of your work : (A) A written indemnity agreement from each independent contractor performing labor or services on your behalf on or for your work wherein the independent contractor agreed to defend, indemnify and hold you harmless for all loss, damages, costs and expenses, including retaining and paying for an attorney to appear on your behalf in respect to any claim or suit against you arising out of the independent contractor s work for you and (B) Certificates of insurance from each independent contractor performing labor or services on your behalf on or for your work listing you as a named additional insured with limits of liability equal to or greater than those provided under this insurance policy and a copy of the Declarations page of the insurance policy identified in the certificate of insurance. The insurance provided by each independent contractor must be primary to this insurance and this insurance shall always be excess to any other insurance available to you as well as to each insured This Independent

8 Contractor Exclusion will apply, and we will not provide you with a defense nor will we indemnify you, if the independent contractor s insurer does not agree to defend you against the allegations in any suit even though you have complied with Sections (A) and (B) above. h. Aircraft, Auto or Watercraft Exclusion injury, personal injury or property damage arising out of the ownership, maintenance, use or entrustment to others of any aircraft, auto or watercraft owned or operated by, or rented or loaned to, any insured. Use includes operation and loading or unloading. This exclusion does not apply to: Bodily injury or property damage arising out of the operation of any of the equipment listed in paragraph f.(2) or f.(3) of the definition of mobile equipment. i. Mobile Equipment Exclusion injury or property damage arising out of: (1) The transportation of mobile equipment by an auto owned or operated by, or rented or loaned to you or any insured ; or (2) The use of mobile equipment in, or while in practice for, or while being prepared for, any prearranged racing, speed or demolition contest or in any stunting activity; and (3)The transportation or movement of mobile equipment on any public street, public highway or public land. j. War and Terrorism Exclusion This insurance does not apply to any claim due to war, whether or not declared, or any Page 8 of 33 act or condition incident to war. War includes civil war, insurrection, rebellion, any act of terrorism or revolution, whether or not any other cause or causes contributed to such bodily injury, property damage or personal injury. Nor does this insurance apply to any claim arising, directly or indirectly, out of terrorism, including any action take in hindering or defending against an actual or expected incident of terrorism regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage. k. Damage to Real Property and Personal Property Exclusion: This insurance does not apply to property damage to: (1)Real Property or Personal Property you own, rent, use or occupy; (2)Premises you sell, give away or abandon, if the property damage arises out of any part of those premises; (3)Real Property or Personal Property loaned to you ; (4)Personal property in the care, custody or control of any insured, whether or not such care, custody or control was exclusive at the time of such property damage; (5)That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the property damage arises, directly or indirectly, out of those operations; or (6) That particular part of any real property or personal property that must be restored, repaired or replaced because your work was incorrectly performed on it. (7) Property Damage arising out of or attributed to any oral or written opinion or

9 statement, express or implied, furnished by you or on your behalf. Paragraph (2) of this exclusion does not apply if the premises are your work and were never occupied, rented, used or held for rental by you. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. l. Damage to Your Product Exclusion This insurance does not apply to property damage to your product. m. Damage to Your Work This insurance does not apply to property damage to your work, or any part thereof, arising out of it or any part of it and included in the products completed operations hazard. n. Damage to Impaired Property or Property Not Physically Injured Exclusion This insurance does not apply to property damage to impaired property or real or personal property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in your product or your work; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Page 9 of 33 o. Recall of Products, Work or Impaired Property Exclusion This insurance does not apply to damages claimed for any loss, cost or expense incurred by you or and insured or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) Your product; (2) Your work; or (3) Impaired property; if your product, your work, or the impaired property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Employment-Related Practices Exclusion injury, personal injury or advertising injury to: (1)A person arising out of any: (a) Refusal to employ that person; (b)termination of that person s employment; or (c)employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination, whether or not directed toward that person. (2)The spouse, child, parent, brother or sister of that person as a consequence of bodily injury or personal injury to that person at whom any of the employment-related practices described in paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether you or any insured may

10 be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. q. Torch Down Sub-Limit of Insurance of $25,000 This insurance policy provides coverage for bodily injury and property damage arising from the use or application by the named insured of any and all torch-down roofing applications. However, the coverage for bodily injury and property damage arising from the use or application by the named insured of any and all torch-down roofing applications is limited to a per occurrence limit of Twenty-Five Thousand Dollars ($25,000). Payment of or for any claims or suits arising from or as a result of or related to the use of any and all torchdown methods shall reduce the limits of insurance stated in the Declarations page on a dollar for dollar basis. Further, under this sub-limit, we have the option, in our sole and absolute discretion, to tender the amount of the sub-limit as payment in full. If the claimant does not accept such sum we have the option to deposit the amount with the court where any suit is pending, whether by filing an action for interpleader or otherwise. Upon payment of the sub-limit toward any settlement, or upon deposit of the full amount of the sub-limit with the court, we shall have no further obligation to defend you or to pay any further amount toward damages. r. Athletic or Sports Participants Exclusion injury or personal injury to any person while practicing for or participating in any sports or athletic event, contest or exhibition. Page 10 of 33 s. Lead or Silica Exclusion injury or property damage resulting from the use, handling, disposal, exposure to, existence of, ingestion, inhalation, installation or removal of silica or lead, lead pipes, lead paint, and lead based paint or any other material containing lead or silica in any form. t. Asbestos, Formaldehyde or Urea Formaldehyde Exclusion injury personal injury and/or property damage, including damage to or reduction in value of any real property or any personal property or any other loss, damage or expense arising in whole or in part or resulting from the mining, manufacture, disposal, existence, handling, installation, removal, encapsulation, sale, storage, transportation or use of: (1) Asbestos or any material or products containing asbestos, asbestos fibers or asbestos dust; or (2) Formaldehyde or urea formaldehyde. This exclusion shall apply without regard the source or sources of the asbestos or any material or products containing asbestos, asbestos fibers or asbestos dust (collectively Asbestos Material ) and without regard as to the basis of your and/ or the insured s liability. This exclusion includes any injury or damage caused by the presence of asbestos as well as damage or injury caused by or resulting directly or indirectly from the removal, eradication, remediation, encapsulation, or decontamination of Asbestos Material or property containing Asbestos Material. This exclusion applies to any liability, cost or expense to remediate or prevent property damage, bodily injury or personal

11 injury. This exclusion includes defects or negligence in the design, construction or materials used which are alleged to have precipitated, caused, alone or with any other cause, damages from or relating to any Asbestos Material. u. Communicable disease or diseases Exclusion injury or personal injury resulting from the transmission, or alleged transmission, of any communicable disease or diseases. v. Fines or Penalties Exclusion This insurance does not apply to claims or suits based upon or arising out of any fine or penalty imposed by or under any law, statute, regulation, ordinance, or any similar governmental act of any federal, state or municipal government or any other governmental agency or any quasi governmental agency. w. Criminal or Fraudulent Act or Omission Exclusion injury, personal injury or property damage resulting from or contributed to by any criminal or fraudulent act or omission by you and or any insured or by anyone else for which you and or any insured is legally liable. x. Punitive, liquidated, bad faith, unfair business practices, exemplary or multiplied damages Exclusion This insurance does not apply to claims, suits or demands for payment of punitive, bad faith, unfair business practices, exemplary or multiplied damage awards whether arising from the acts of you and or any insured or Page 11 of 33 by anyone else for which you and or the insured is legally liable. y. Abuse, molestation or negligence Exclusion injury, personal injury or property damage arising out of: (1) The actual or threatened abuse or molestation by anyone of any person, or (2) The negligent: (i) employment; (ii) investigation; (iii) supervision; (iv) reporting to the proper authorities, or failure to so report; or (v) retention of a person for whom you and or any insured is or ever was legally responsible and whose conduct would be excluded by (1) above. z. Pre-existing bodily injury, personal injury or property damage Exclusion injury, personal injury or property damage for any occurrence which any insured shown in l.a., 1.b., 1.c or l.d of Section II (WHO IS AN INSURED) had knowledge of or should have had knowledge of said occurrence prior to the effective date of this insurance policy. This exclusion also applies even if the occurrence continues during this policy period or the bodily injury, personal injury or property damage continues during this policy period. Further, this exclusion applies whether or not your legal liability has been established. aa. Professional Liability Exclusion injury, property damage, personal injury or advertising injury arising out of or related to the performance or the failure to perform any professional services which

12 would not have occurred in whole or part but for the rendering or failure to render any of the following professional services by or for you and or any insured ; (1) The preparing, approving, or failing to prepare or approve maps, plans, drawings, opinions, reports, surveys, soil reports, change orders, designs or specifications. (2) Failing to adequately follow the recommendations in soil engineering reports or failing to obtain soil engineering reports. (3) Inspection, construction management or engineering services. (4) Sale of real estate by real estate agents or brokers. bb. Past Liabilities Exclusion injury, personal injury or property damage arising from or out of the products completed operations hazard, your work and/or your product completed or incorporated into a project of construction before the inception date of this policy. This exclusion includes your work or your products which is or which are incorporated in any project of construction, including multiple units of construction or developments, where a claim of defective construction resulting in personal injury, bodily injury or property damage is made or occurs either before, during or after the policy period and whether more or different allegations of defective construction and/or resulting damage are made before, during or after the policy period, including any claims made in any suit. cc. Earth Movement Exclusion This insurance does not apply to any claim or suit for bodily injury, personal injury or property damage caused by, as a Page 12 of 33 consequence of, resulting from, arising from, attributable to or contributed to, or aggravated by earth or soil movement, whether the earth or soil movement is combined with water or not, including but not limited to earthquakes, landslides, movement of land, mudflow, sinkhole, erosion, or the sinking, rising, lifting, shifting, expanding or contracting of earth or soil or land and regardless of the cause or causes of the earth or soil or land movement and whether any other cause or causes of said bodily injury or property damage acted jointly, concurrently or in any sequence with said earth or soil or land movement and whether any other cause or causes of the earth movement or soil movement or movement of land would otherwise be covered by this policy. This exclusion further applies to bodily injury, or personal injury or property damage arising from the intentional or negligent movement of earth or soil as well as the mitigation, repair or avoidance of earth movement or soil movement. dd. Explosives and Wrecking of Buildings or Structures Exclusion injury or property damage arising out of or resulting from the existence, handling, storage, transportation or use of explosives or explosive devices; the use of any wrecking equipment, including wrecking known as Ball and Chain, the moving, shoring, underpinning, razing or demolition of any buildings or structures in excess of three (3) stories or forty (40) feet in height; or any common or adjoining walls. ee. Designated Work Exclusion This insurance does not apply to Products completed operations hazard where your

13 work or your product is part of or is incorporated into or upon any one or more of the following: (1) New residential condominiums or townhouses including the dwelling units, the air space between the units and/or the common areas. This exclusion applies to any project or development of two or more residential units which are developed as or converted into condominiums or townhouses whether or not such conversion is before, during or after the policy period. (2) Any new construction involving multiple residential units, whether or not connected by any common walls. (3) Exterior work on any buildings or structures in excess of three (3) stories, or forty (40) feet, in height, whichever is lesser. (4) The application of or use of Exterior Insulation and Finish Systems (E.I.F.S). Even if there is otherwise coverage provided for any claim pursuant to the Products completed operations hazard, such coverage applies only to you and not to any other insured, even if such other person or organization became an insured through an Endorsement to this insurance policy. ff. Water Damage Exclusion This insurance does not apply to property damage to any building or structure or to any property within such building or structure resulting from, caused by or arising out of water, any liquid, rain, hail, sleet or snow entering such building or structure where the exterior or interior waterproof protective covering has been removed, in whole or in part, or has been installed incompletely or installed improperly. This exclusion applies even where a temporary covering has been Page 13 of 33 utilized, whether the installation of such temporary covering was, or was not, done properly. gg. Independent Contractors Exclusion injury or property damage arising out of: (1) The acts or omission of independent contractors while working for or on behalf of you and or any insured, or (2) The spouse, child parent, brother or sister of such independent contractor or employee of the independent contractor as a consequence of (1) above, or (3) The negligent: (a) hiring or contracting; (b) investigation; (e) supervision; (d) training; or (e) retention of any independent contractor for whom you and or any insured is or ever was legally responsible and whose acts or omissions would be excluded by (1) above. This exclusion applies whether you and or any other insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury or damage. hh. Cross Suits Exclusion injury or property damage or any injury arising out of actions, allegations, expense initiated or caused to be brought about by any insured against any other insured. ii. Mold and other Organic Agents Exclusion injury, personal injury or property damage, or any injury, loss or damage arising out of or contributing to, or which is attributable in whole or in part to, or is

14 aggravated by the ingestion, absorption, inhalation of or exposure to any stage or form of mold, lichen, allergen, spores, bacteria, pollen, virus, fungus or other organic pathogen, organic organism or organic matter, including any byproduct thereof or any substance released by such mold, lichen, spores, bacteria, pollen, virus, fungus or other organism or organic matter in any form and regardless of the origin or cause thereof (collectively referred to as Mold ). This exclusion applies regardless of the origin or cause of the Mold and whether any other cause of the alleged bodily injury, personal injury or property damage acted jointly, concurrently or in any sequence with such Mold. This exclusion includes any bodily injury, personal injury or property damage caused by or which results from the removal, encapsulation, treatment, remediation, eradication or decontamination of any Mold. This exclusion includes all costs, expenses and liability incurred to remediate, remove, or prevent any Mold from causing any personal injury, bodily injury or property damage. jj. Electromagnetic Fields Exclusion injury or property damage arising out of any actual, alleged or threatened exposure to any electromagnetic fields. kk. Electromagnetic Radiation Exclusion injury, personal injury or property damage resulting from or caused by the exposure to or the existence of electromagnetic radiation, whether artificially created or existing in nature or both, and whether such electromagnetic Page 14 of 33 radiation acted alone or in sequence or concert with any other cause or causes of any bodily injury, personal injury or property damage. ll. Work or Premises Specifically Insured Elsewhere Exclusion This insurance does not apply to claims, suits, demands, requests for defense, payment, or any other cost, expense or damage arising out of, caused by, or occurring at your premises or your work covered under any insurance purchased by you or others on your behalf covering that premises or project, including insurance purchased under a Consolidated Insurance Program (CIP), Owner Controlled Insurance Program (OCIP), Contractor Controlled Insurance Program (CCIP), Wrap-Up, Designated Premises, Designated Operations or any other insurance policy or program. mm. Failure to Maintain Secure or Safe Premises Exclusion This insurance does not apply to claims or any suit arising out of, caused by, resulting from, or alleging, in whole or in part, any insured s failure to thwart, foil, avoid, hinder, stop, lessen or prevent any attack, fight, assault, theft or crime. We have no obligation to defend or indemnify any such claims or suits. This exclusion applies to all individuals or entities qualifying as an insured under Section II Who is An Insured, including each and every Named Insured and any additional insureds. nn. Discrimination, Civil Rights Exclusion This insurance does not apply to any and all claims or suits for bodily injury, personal injury or property damage both from victims and governmental agencies

15 arising out of or relating to any alleged discrimination of any kind including, but not limited to sexual discrimination, sexual harassment, violation of the Americans with Disabilities Act or any violation of any other civil rights law, or violation of any Federal, State or local law, ordinance or regulation. oo. Penalties, Fines Assessments and Taxes Exclusion This insurance does not apply to any claim, expense, penalty, fine, assessment, tax, actions for injunctions, or any suits arising out of or relating CERCLA, RCRA, Clean Air Act or any other Federal, State or Local stature, rule or regulation including any allegation that you and or any insured may be a potentially responsible party, whether assessed against you, any insured or any other party. pp. Aircraft Products Exclusion injury or property damage included within the products completed operations hazard relating to aircraft, including missiles or spacecraft, any ground support or control equipment and any article installed in any aircraft, or used in connection with any aircraft, or for spare parts for any aircraft, or tooling used for the manufacture or repair of any aircraft or spacecraft, including ground handling tools and equipment, training aids, instruction manuals, blueprints, engineering or other data, advice and services and labor relating to such aircraft or articles, or to any liability arising out of the grounding of any aircraft or spacecraft. For the purpose of this Exclusion grounding means the withdrawal of one or more aircraft or spacecraft from flight operations or the imposition of speed, passenger or load Page 15 of 33 restrictions on such aircraft, by reason of the existence of or alleged or suspected existence of any defect, fault, or condition in such aircraft or spacecraft or any part thereof sold, handled or distributed by any insured, or manufactured, assembled or processed by any other person or organization according to specifications, plans, suggestions, orders or drawings of any insured, or with tools, machinery or other equipment furnished to such persons or organizations by any insured, whether such aircraft or spacecraft so withdrawn are owned or operated by the same or different persons or organizations. qq. Personal and Advertising Injury Exclusions This insurance does not apply to personal injury or advertising injury : (1) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity or a reckless disregard as to the truth or falsity; (2) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period ; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of any insured ; (4) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; rr. Advertising Injury Exclusions This insurance does not apply to advertising injury arising out of: (1) Breach of contract or any claim or suit alleging misappropriation of advertising

16 ideas or trade secrets; (2) The alleged or actual failure of goods, products or services to conform to advertised quality or performance; (3) The alleged or actual wrong description of the price of goods, products or services; or (4) An offense committed by an insured whose business is advertising, publishing or telecasting. ss. Employment Related Personal Injury Exclusions This insurance does not apply to personal injury to: (1) A person arising out of any: (a) Refusal to employ that person; (b)termination of that person s employment; or (c)employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2)The spouse, child, parent, brother or sister of that person as a consequence of personal injury to that person at whom any of the employment-related practices described in paragraphs (a), (b), or (c) above is directed. This exclusion applies: (i) Whether the insured may be liable as an employer or in any other capacity; and (ii) To any obligation to share damages with or repay someone else who must pay damages because of the injury. tt. Past Construction Exclusion This insurance does not apply to property damage arising from your work or your Page 16 of 33 product included within the productscompleted operations hazard, which is incorporated in any project of construction before the policy period. uu. Lead Exclusion injury, property damage, or personal injury arising from or caused by the existence of or exposure to lead, whether such lead is in pure form or is or was combined with any other chemical or material, and whether the existence of or exposure to lead is or is alleged to have caused damage in any sequence or combination with, or contributed to or was contributed to by any other cause or causes of injury or damage. This Exclusion shall apply without regard to the allegations or basis of the insured s liability. This Exclusion includes any injury or damage caused or alleged to have been caused by the removal, eradication, detoxification, remediation or decontamination of lead or property containing lead, and further includes any liability, cost or expense to remediate or prevent property damage, bodily injury or personal injury from lead or any property containing lead. vv. Formaldehyde Exclusion injury, property damage, or personal injury arising from the manufacture, handling, distribution, sale, application, consumption, use or exposure to any product known as formaldehyde or which has the same chemical formula or which is a formaldehyde derivative or which is generally known in the trade in which it is used as having a like formulation, structure or function by whatever name manufactured, sold or distributed and whether the existence

17 of or exposure to formaldehyde caused or is alleged to have caused damage in any sequence or combination with, or contributed to or was contributed to by any other cause or causes of injury or damage. This Exclusion shall apply without regard to the basis of any insured s liability. This Exclusion applies to any bodily injury, personal injury or property damage caused by the removal, eradication, detoxification, remediation or decontamination of formaldehyde or property containing formaldehyde, and further includes any liability, cost or expense to remediate or prevent property damage, bodily injury or personal injury from formaldehyde. ww. Concrete Sulfates Exclusion This insurance does not apply to property damage arising from or caused by the exposure of concrete to, or the adsorption or absorption by concrete products of sulfates, whether such sulfate is in pure form or is or was combined with any other chemical or material. This Exclusion applies regardless of the any other cause or causes of the property damage and includes defects or negligence in design, construction, inspection or materials, or any other event, conduct or misconduct which may have or is claimed to have precipitated, caused or acted jointly, concurrently, or in any sequence with the exposure of concrete to sulfates in causing the property damage. This Exclusion shall apply without regard to the allegations or basis of your and or any insured s liability. xx. Condominium, Apartment or Townhouse Liability Exclusion This insurance does not apply to property damage, personal injury or bodily injury within the products completed operations Page 17 of 33 hazard arising out of, from, related to or in any way associated with a new condominium or townhouse project including both the dwelling units, the air space between the units and the common areas. This exclusion applies to any project or development of two or more residential units which are developed as or converted into condominiums or townhomes regardless whether the conversion takes place before the inception of this policy, during the policy period or after the end of the policy period. This exclusion applies to any structure which was or is converted into a condominium or townhouse regardless whether the conversion takes place before, during or after the policy period. COVERAGE C. MEDICAL PAYMENTS 1. INSURING AGREEMENT a. We will pay only reasonable and customary medical expenses as described below necessary for the treatment of bodily injury caused by an accident on premises you own or rent provided that: (1) The accident takes place in the coverage territory, during the policy period ; (2) The medical expenses are incurred and reported to us within the policy period ; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these medical payments regardless of fault. These medical payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for:

18 (1) First aid at the time of the accident; (2) Necessary reasonable and customary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary reasonable and customary ambulance, hospital, professional nursing and funeral services. (2) EXCLUSIONS We will not pay any medical expenses for bodily injury : a. To you and/or any insured. b. To a person hired to do work for or on behalf of you or any insured or a tenant of any insured. c. To a person injured on that part of any premises you or any insured owns or rents that the person normally occupies. d. To a person if any benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or any similar law, statute or ordinance. e. To a person injured while taking part in any athletic activity. f. Excluded under Coverage A. g. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, any act of terrorism, rebellion or revolution. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 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 of the cost of each bail bond Page 18 of 33 required because of accidents or traffic law violations arising out of the use of any vehicle in the coverage territory during the policy period to which this insurance applies. We will not furnish these bonds and the insured must post the necessary collateral to secure the bonds. We will not post any collateral to secure any bonds. 3. Up to $250 of the cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We will not furnish these bonds and the insured must post the necessary collateral to secure the bond. We will not post any collateral to secure any 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 a maximum of $90 a day, because of time off from work. 5. All costs awarded against you in the suit for damages, if such costs are awarded on one or more causes of action for which coverage is provided by this insurance policy. We shall not pay any costs, fees or expenses awarded as or for attorneys fees or expert witness fees incurred by the opposing party or parties by reason of any law, statute, regulation, court rule or a contractual obligation.. 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 the applicable limit of

19 insurance. These payments will not reduce the limits of insurance. SECTION II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business specifically designated in the Declarations page of this insurance policy and of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members and your partners are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties in operating your business as your executive officers or directors. Your stockholders are not insureds. 2. Each of the following is also an insured : a. Your full time employees; other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the course and scope of their employment by you while Page 19 of 33 performing duties related to the conduct of your business. However, none of these employees is an insured for: (1) Bodily injury or personal injury: (a) to you, or to your partners or members (if you are a joint venture), to your members (if you are a limited liability company), or to a co-employee while that co-employee is either in the course and scope of his or her employment or performing duties related to the conduct of your business; (b)to the spouse, child, parent, brother or sister of that co-employee as a consequence of paragraph (1) (a) above; (c) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1) (a) or (b) above; or (d)arising out of his or her providing or failing to provide professional health care services. (2) Property damage to property: (a) Owned, occupied or used by you in the conduct of your business, or (b)rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you in your business, any of your employees, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person, other than your

20 employee, or any organization while acting as your business real estate manager. c. Any person or organization having proper temporary custody of your business property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property in the conduct of your business; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to his or her duties as your legal representative. That legal representative will have all your rights and duties under this Coverage Part. 3. With respect to mobile equipment used in your business registered in your name under any motor vehicle registration law, any person is an insured while driving such business equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the business equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. Bodily injury to a co- employee of the person driving the equipment; or b. Property damage to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 4. Any organization you newly form, other than a partnership, joint venture or limited liability company, and over which you maintain sole ownership, will qualify as an Page 20 of 33 insured if there is no other insurance available to that organization. However: a. Coverage under this provision is afforded only until the 30th day after you form the organization. or the end of the policy period, whichever is earlier; b. Coverage A does not apply to bodily injury or property damage that occurred before you formed the organization; and c. Coverage B does not apply to personal injury or advertising injury arising out of an offense committed before you formed the organization. 5. Any other person or entity added by endorsement to this insurance policy as an insured, but only to the extent and subject to the limitations set forth in the endorsement and this insurance policy. No person or organization is an insured with respect to the conduct of any current or past sole proprietorship, corporation, partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations page of this policy. No person or entity is an insured by virtue or as a result of the acquisition of all or any part of the assets or ownership interests of an insured. SECTION III- LIMITS OF INSURANCE 1. The Limits of Insurance shown on the Declarations page and the rules set forth below fix the most we will pay regardless of the number of: a. Insureds, including additional insureds specifically listed in the Declarations or by a written Amendment to this insurance policy; or b. Claims made or suits brought; or c. Persons or organizations making claims

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