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AGMT - Meek Company John S (Emergency Repair of Pier)
• • 11 . . _ ,._••_. Recorded in Official Records, Orange County RECORDING REQUESTED BY Torn Daly, Clerk-Recorder 111101111111101 111111111111111111111 11111 1111 IVIIIIIII11111111110111 11 NO FEE AND WHEN RECORDED MAIL TO 2008000354343 02:05pm 07/24/08 CITY OF SEAL BEACH ion 211 N12 1 Attn: City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 211 -8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** Il NOTICE OF COMPLETION 1/ N Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach 3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on June 1, 2008. The work was Emergency Repair—Seal Beach Municipal Pier. 6. The name of the contractor, if any, for such improvement was: John S. Meek Company. The date of the Contract Award was: April 14, 2008. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: APN 199-103-03, Seal Beach, California 90740. Date: ?'Ai•®e Signature of owner or corporate officer -61 owner named in paragraph 2 or his agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 1-2/•of , 2008, at eal Beach, C ia. (Date of Signature) Director of Public Works Emergency Repair Of Seal Beach Pier Structure April 21, 2008 DOCUMENTS TO SUBMIT UPON AWARD: ❑ PUBLIC WORKS CONTRACT ❑ PERFORMANCE BOND ❑ PAYMENT BOND ❑ INDEMNIFICATION AND HOLD HARMLESS ❑ LABOR LAW REQUIREMENTS ❑ ACKNOWLEDGEMENT OF LICENSE LAW ❑ WORKMEN'S COMPENSATION CERTIFICATE ❑ INSURANCE REQUIREMENTS(3) FOR: EMERGENCY REPAIR OF THE SEAL BEACH PIER STRUCTURE CITY PROJECT NUMBER: These Contract Documents are the exclusive property of the City of Seal Beach("City")and shall not be used in any manner without prior consent of the City. Any reuse of these plans and specifications by any one else shall be at his or her sole risk and without liability to the City. CITY OF SEAL BEACH-211 EIGHTH STREET-SEAL BEACH, CA 90740-6379. A • • TABLE OF CONTENTS PUBLIC WORKS CONTRACT 1 PERFORMANCE BOND 2 PAYMENT BOND(LABOR AND MATERIALS) 4 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION 7 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS 10 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS'LICENSING LAWS 13 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE 16 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 18 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY 21 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 24 EXHIBIT A EXHIBIT B EXHIBIT C • • PUBLIC WORKS CONTRACT This Contract for the emergency repair of the Seal Beach Municipal Pier ("Pier") is made and entered into this 21st day of April 2008, by and between the City of Seal Beach, a municipal corporation ("City")and John S.Meek Company,Inc.,a California corporation("Contractor"). RECITALS WHEREAS,the Pier was significantly damaged on or about the 24th and 25th of February 2008; WHEREAS, on April 14, 2008, City's City Council adopted Resolution 5709 declaring that repairing the Pier constitutes an emergency and a matter of urgent necessity; WHEREAS, Contractor represents that it has reviewed the Pier Damage Observation report dated February 27,2008(the"February 27 Report")prepared by Moffat&Nichol("M&N"); WHEREAS, Contractor represents that it has reviewed the Post Event Inspection Report dated March 6,2008 (the"March 6 Report")prepared by M&N; WHEREAS, Contractor represents that it can repair the Pier,and has submitted a written proposal dated April 2,2008("Contractor's Proposal")to repair the damage to the Pier. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged,the Parties hereto agree as follows: AGREEMENT Article 1. 1. Contractor shall undertake and complete the repair of the Pier in a good and workmanlike manner to the satisfaction and acceptance of the City Engineer. The Pier Repairs shall include all repairs identified in the February 27 Report and the March 6 Report, attached hereto as Exhibits A and B, respectively,and incorporated in and made part of this Contract by this reference. 2. Contractor shall furnish at its own proper cost and expense, all tools, equipment, labor, and materials necessary to complete the Pier Repairs and everything else required by this Contract. 3. Contractor shall only work on the Pier Repairs during daylight hours. 4. Contractor shall at all times while performing the Pier Repairs clearly delineate its work area and keep members of the public at a safe distance from the same. 5. Contractor shall bear all risk of loss and damage arising out of the nature of the Pier Repairs or from the action of the elements or any unforeseen difficulties of any description that may arise or be encountered in performing the Pier Repairs until its acceptance by the City, and all expenses incurred by or in consequence of the suspension or discontinuance of work. 6. Contractor certifies that it is aware of the provisions of Section 3700 of the Labor Code that require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. 7. Contractor shall furnish a bond for the faithful performance of the Contract. 8. Contractor shall furnish a payment bond to secure the payment of claims of laborers, mechanics,material men,and other persons as provided by law. 9. The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer, official, agent, attorney, employee, or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with the General Provisions. The insurance company issuing such policy(ies) 1 of 26 • • must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than Two Million Dollars($2,000,000) combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in the forms included in herein. Article 2. In full compensation for performance and completion of the Pier Repairs and everything else required by this Contract, City shall pay Contractor in accordance with the estimate stated in Contractor's Proposal,attached hereto as Exhibit C and incorporated in and made part of this Contract by this reference. Contract shall immediately notify the City's Director of Public Works in writing of any conditions that Contractor knows or reasonably should know will cause the cost of the Pier Repairs to exceed the estimate stated in Contractor's Proposal. IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH JOHN S.MEEK COMPANY,INC. Party of the First Part Party of the Second Part / /1 By: By: 1.\/ David Carmany,Ci Manager /,J,/ahn S S. Meek Its: `./resident Date: ` ,3 Date: 04-24-08 Attest: Address: 14732 So. Maple Avenue By: ,/ �`- �' �� Gardena, CA 90248 nda Devine, City Clerk • 2 of 26 • Bond No. 1767453 Bond Premium $1,011.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded John S. Meek Company, Inc.,located at 14732 S. Maple Avenue, Gardena,California,90248(hereinafter"Principal"),a contract(the"Contract")for the work described as follows:Emergency Repair of Seal Beach Pier structure. WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and Great American Insurance Company 750 The City Drive South, Suite 300 Orange, CA 92868-6905 (Name and address of Surety) (hereinafter"Surety"),a duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum Eighty nine thousand four*for* Dollars ($89,435.00 su 5 .00 ), this amount being not less than the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves, our heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. *hundred thirty five and no/100 THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform all the undertakings,terms,covenants,conditions and agreements in the Contract and any alteration thereof made as therein pros idcd,on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and hold harmless the Public Agency,its officers,agents,and others as therein provided. then this obligation shall become null and void;otherwise,it shall be and remain rn full force and effect. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER,the Surety, for value received,hereby stipulates and agrees that no change,extension of time,alteration. addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for the same. shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder Surety hereby waives the provisions of California Civil Code§§2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: April 24, 2008 "Principal" John S.Meek Company,Inc. .7.7" By: B : -�� y Jobs S. Meek John S. Meek lts. President Its; Secretary 2 of 26 • • Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Dated: April 22, 2008 "Surety" Great American Insurance Company (Name of Surety) N/A Rhonda C. Abel Its: Attorney-in-Fact Its: N/A 3 of 26 • • CalLOCFOO °[M &LL=PUI2POO SCE ACG3[n100 1fedCEDGINI [n14 State of California County of 40-- (1AitC?y ee z/ On 4-a4-0 g before me, C-sin ■ L -3 • 1,J ti.,+F Nn fa v,- I;e , Date Here Insert Nanfe and Title of the° icer personally appeared 4v S.(1/1 4 Name(s)of Signer(s) , who proved to me on the basis of5.4tisfactory evidence to be the person() whose namere subscribed to the within instrument and acknowledged to me that /she/they executed the she in ilher/their authorized capacity(ies), and that by iZSi her/their signature() on the EMILY J.WHITE instrument the person(), or the entity upon behalf of nCommission#1513023 which the person(p) acted, executed the instrument. Notary Public-California Los AngelesCounty I certify under PENALTY OF PERJURY under the laws My Comm.Expires Sep 12,2008 of the State of California that the foregoing paragraph is true and correct. WITNESS my��hand,�and official seal. Signature �vi;i4(— -�o� Place Notary Seal Above �( Si ature of Notary Public OPTIONAL VVV Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document / n Title or Type of Document:/""r.2. c',ec. ��m�.�b. �/I n/ 6). ,..� ,` .100 Document Date: y - 2 y - 0 cS Q Number of Pages: Signer(s)Other Than Named Above: ktvue-c-._ a € Capacity(ies)Claimed by Signer(s) Signer's Name: 9feivw e .5122.44, Signer's Name: ❑ Individual ❑ Individual R'Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General RIGHTTHIIMBPRINT ❑Partner—❑Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact CP siGNES ❑Attorney in Fact CIF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: (964irkt. ,el . 1tt -/f, Gc,,1",,,A,. ®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NationalNotary org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 • • ©aDOCi'OO G°3[o,a, au.puoPOO SSG /aC KIMOO WILIEDD C iMC N14 State of California��r�(. County of C%Iivt_9,611-a... On -4- a 4- 0 X before me, c— ; Li S &Ili' ie. /Lo fct (Li Pt,b/d'e� , Date Here Insert Nameiand Title of the Offi er personally appeared _ ( ,u i A • ' .4' Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(§)9are subscribed to the within instrument and acknowl dged to me that &she/they executed the same in 1j her/their authorized capacity(ies), and that b hi 'her/their signature(s) on the — _ -- —EMILY—.1.MI TE instrument the person(si), or the entity upon behalf of WHITE Commission# 1513023 , which the person(s) acted, executed the instrument. < ' '-;O Notary Public-California '�, ,. Los Angeles County I certify under PENALTY OF PERJURY under the laws MyComm.Expires Sep 12,2008 of the State of California that the foregoing paragraph is •,,,r- dY � � d � .�. � L true and correct. WITNESS my hand and official seal. Signature . /tY Place Notary Seal Above rieture of Notary Public OPTIONAL ((((((////// Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �' n /� Title or Type of Document:jirtaQ !hu-a-f-k i.. /.z-v.e.�r,�.,n.e-75 9, fA-1 lT c� CJ U -� , 2 Document Date: (4- .2(I–O$ Number of Pages: .2 Signer(s)Other Than Named Above: ( Ln.P'1 jf 2 r g x.)� Capacity(ies) Claimed by Signer(s) Signer's Name: .x, J.i -z Signer's Name: ❑ Individual ❑ Individual 121 Corporate Officer—Title(s): #A.14.1 t , .0 ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General RIGHT THOMBPRINT RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: tL:�:�.i'✓:�:,✓:.,,,,,:,-!:,✓:'✓:,_,,:�„,,:,_.:�:,„.:._!:,:„,:'✓ice:�i�:'ei„,,L'✓ice:, �:s,y,i,,,,,,i :-,.. ,: y,:�. :s,,,,,:�,: ,:,,,i ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 • • ' YAs.wcue .....morAem rawh w.NTASGWw✓i A...r.._.___-•a._—.•.wr_vwe._:y a:::.......' ass :.rAy!.sawaeseoc't.K..bl86.eanamr.credCM1....x YNL'GN...xiy l.. X: j3 : Ii is CALIFORNIA ALL—PURPOSE fi CERTIFICATE OF ACKNOWLEDGMENT o a ': State of California iii t. 3:: County of Orange y IIi Y ii V t XS ':. On April 22, 2008 before me, K. Luu, Notary Public 1 :r; (Here insert name and title of the officer) ti : ii b i: personally appeared Rhonda Carlyn Abel iii I s€ who proved to me on the basis of satisfactory evidence to be the person()whose name()is/arc subscribed to pi the within instrument and acknowledged to me that kraishe/ibay executed the same in kis/her/iheix authorized i; capacity( ),and that by be/her/tl r signature(s)on the instrument the person(a), or the entity upon behalf of le 'iii which the person(s)acted,executed the instrument. ;i Iii i ii I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph > -•• is true and correct. ni M K. LUU Isi: Commission # 1778641 t :: WITNESS my hand and official seal. _f- •-:a� Notary Public -California �' '";�� ' Orange County r ii: NJ.. ' MyComm.Expires Nov 6,2011 ` Signature of Notary Public (Notary Seal) i iii M1 is • 0 i! ADDITIONAL OPTIONAL INFORMATION qy 3:: K INSTRUCTIONS FOR COMPLETING THIS FORM iii Any acknowledgment completed in California must contain verbiage exactly as s'1 o DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be 1 S properly completed and attached to that document. The only exception is if a x iii document is to be recorded outside of Calftrnia.In such Instances,any alternative i $: (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the Y iii verbiage does not require the notary to do something that is illegal for a notary in jl f• *consent (i.e.certIing the authorized capacity of the signer).Please check the 0 i cument carefully for proper notarial wording and attach this form If required. e: (Title or description of attached document continued) iii l€•` Number of Pages Document Date • State and County information must be the State and County where the document a signee(s)personally appeared before the notary public for acknowledgment. !' nE • Date of notarization must be the date that the s' s personally appeared which �3 ;_; M)P Y PP r must also be the same date the acknowledgment is completed. iii 3:: (Additional information) • The notary public must print his or her name as it appears within his or her 6 3.. 3:: commission followed by a comma and than your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of r iii notarization. e CAPACITY CLAIMED BY THE SIGNER •• Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. i iii iii ❑ Individual(s) hdshdthay;is/are)or circling the correct forms.Failure to correctly indicate this p ei information may lead to rejection of document recording. iii ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. i` Impression must not cover teat or lines.If seal impression smudges,re-sseal if a k II;.; (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of I,: the county clerk. z _';? ® Attorney-in-Fact Additional information is not required but could help to ensure this gg ii` ❑ Trustee(s) acknowledgment is not misused or attached to a different document }e ❑ Other ? Indicate title or type of attached document,number of pages and date. iii 4. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). iii • Securely attach this document to the signed document P ...........,v«suusaes.............« vaysv�yau;acuu.:w ,euata•<::a.+y w.+•.xnocaw.ri,•xa xna amnnxszss3cosoc«„•..,W fl4.�.�...•,%.�...,,di • • Bond No. 1767453 Bond Premium included in charge for Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that. WHEREAS the City of Seal Beach,has awarded John S. Meek Company, Inc.,located at 14732 S. Maple Avenue, Gardena,California,90248(hereinafter"Principal"),a contract(the"Contract")for the work described as follows.Emergency Repair of Seal Beach Pier structure. WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,material men,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and Great American Insurance Company 750 The City Drive South, Suite 300 Orange, CA 92868-6905 (Name and address of Surety) (hereinafter"Surety"),a duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum Eighty nine thousand four* Dollars($ 8i,435.00 ),this amount being not less than fifty percent(50%) of the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made, we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. *hundred thirty five and no/100 THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors,administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code,with respect to work or labor performed under the Contract,the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond.Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER,the Surety,for value received,hereby stipulates and agrees that no change,extension of time,alteration, addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for the same, shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time, alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§§2845 and 2849. IN WITNESS WHEREOF, two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: April 24, 200$ "Principal" John S.Meek Company,Inc. q i 1 By: i C/ ( By: �- �/ John S. Meek (:// John S. Meek Its: President Its: Secretary 4 of 26 • • Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Dated: April 22, 2008 "Surety" Great American Insurance Company (Name of Surety) /�. _ �/ A By: N/A Rhonda C. Abel Its: Attorney-in-Fact Its: N/A • 5 of 26 i • 6auv0O G°3In1Di LR1dd=PMRP OOSE. LQ1©C3R9OO'7LC DGI IER94 State of California County of A— f%Y 6,6.-o- •i On q - a U -0 F? before me, L iy) ;IN.,/ , 141+'P Ao{zt rr� u G 1;c__ • Date pp � o ,� /� Here Insert Name and Title of th Officer personally appeared C��f�viN r .Li L ePL ( Name(s)of Signer(s) V ' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)jare subscribed to the within instrument and acknowledged to me that , /she/they executed the same in 6/her/their authorized capacity(iea), and that by 6 /her/their signature( ) on the EMILY J.WHITE instrument the person(§,), or the entity upon behalf of Commission#1513023 which the person(s) acted, executed the instrument. M, i;�, I .. -sN Notary Public-California Z *4744,r Los Angeles County I certify under PENALTY OF PERJURY under the laws My Comm.Expires Sep 12,2008 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature £yry l%✓- .. Place Notary Seal Above gesture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:)s,e6..P, ge..6-4.) ��i���u.[=cif-- Q-cJ2. Document Date: (I - ,2 4-- © ' /,� Number of Pages: .9-- Signer(s) Other Than Named Above: �('1-�-,_cw a.C..e_( Capacity(ies) Claimed by Signer(s) Signer's Name: 9teetAa 0. l`� Signer's Name: ❑ Individual (/ ❑ Individual RC Corporate Officer—Title(s): /kehttel..41.-- ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHTTI II BPFIINT ❑ Partner—❑ Limited ❑ General RI ATT1i iMBPRIIJT ❑ Attorney in Fact CP SIGNEB ❑Attorney in Fact El Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 4.2 ctr .,AN" . ®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item 45907 Reorder:Call Toll-Free 1-800.876-6827 • ©MLOIFOO G°3fMILa add=uOPOO CSC Ia©DERIOO WILIEDD GINI R74 State of California County of o1 a- (2v e 1 On (( - .?(1 -0 �3 before me, �)1 , !- a. 1 f t e N0 f-cc r c Rt.10 (i c _ , Date I Here Insert#Vame and Title of the Officer personally appeared Q wn - .CYniz-124--, Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Iare subscribed to the within instrument and acknowledged to me that a , A y a e_ 0-he/they executed the same in hi er/their authorized r-d- EMILY J.WHITE capacity(ies), and that by his/her/their signature(4) on the Commission# 1513023 instrument the person($), or the entity upon behalf of 'R. Notary Public-California which the person() acted, executed the instrument. � , i Los Angeles County My Comm.Expires Sep 12,2008 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my handand official s/eal. Signature Place Notary Seal Above .Si ure of otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document r( (� ,, Title or Type of Document:�aJ La e t A_crue `� 4/ (zt hJ gvafl_ 0 Document Date: (4 - 2 ci- 0 g Number of Pages: a- Signer(s)Other Than Named Above: grk c a- l),-Q, Capacity(ies) Claimed by Sig_ner(s) Signer's Name: (ao4J r� 'M l Signer's Name: ❑ Individual ❑ Individual Jk Corporate Officer—Title(s): ®/1 i 4i .t ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General RIGHT THUMBPRINT ❑ Partner—❑ Limited ❑General RIGFiTTfiUN BPRIIJT ❑ Attorney in Fact @ ❑Attorney in Fact ciF SIGNER El Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 • • P. P qi ki pi CALIFORNIA ALL-PURPOSE i:Ii CERTIFICATE OF ACKNOWLEDGMENT iii a pi u 41 ii Is:. State of California 1 r: t il i' County of Orange ii: iii Y On April 22, 2008 before me, K. Luu, Notary Public , k 2 (Here insert name and title of the officer) t " Rhonda Carlyn Abel iE personally appeared Y f Ili t ill who proved to me on the basis of satisfactory evidence to be the person(g)whose name(g)is/ese subscribed to iii the within instrument and acknowledged to me that bs/she/t c executed the same in kis/her/theix authorized 4 1. t<; capacity(j ,and that by hes/her/fir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. iii''i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph p is true and correct. :ii's R; *atz K. LUU „t Commission # 1778641 ! iii WITNESS my hand and official seal. `�� • ra11 Notary Public -California 6 ii`: a r Orange County ': . (Notary Seal) My Comm.Expires Nov6,2011 1 irgaatore of Notary Public s iii a Iii • -- - ------ - -— • € ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 0 ii: Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be Iii iii properly completed and attached to that document. The only exception is if a @ :: document is to be recorded outside of California.In such instances,any alternative II fy (title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the y 3i verbiage does not require the notary to do something that v illegal for a notary in A i3`i California(ie.certing the authorized capacity of the signer).Please check the #i 3tt (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. 3i i:: If 'i: • State and County information must be the State and County where the document e X Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. il '• • Date of notarization must be the date that the signer(s)personally appeared which ii '1i ;;; must also be the same date the acknowledgment is completed. s I:: (Additional information) • The notary public must print his or her name as it appears within his or her il commission followed by a comma and then your title(notary public). k ti i • Print the name(s)of document signer(s)who personally appear at the time of B ii: notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms i e j CAPACITY CLAIMED BY THE SIGNER tse P y mg ('• ❑ Individual he/aheithey;is/era)or circling the correct forms.Failure to correctly indicate this p ' 3() information may lead to rejection of document recording. iii ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a :: (Title) sufficient area permits,otherwise complete a different acknowledgment form. ' 2: ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. }ii al Attorney-in-Fact Additional information is not required but could help to ensure this T. 9 lP iii ❑ Trustee(s) ••• acknowledgment is not misused or attached to a different document. :i ❑ Other 0 Indicate title or type of attached document,number er of pages and date. :Ei •r Indicate the capacity claimed by the signer.If the claimed capacity is a 11 iii corporate officer,indicate the title(ie.CEO,CFO,Secretary). Y` • Securely attach this document to the signed document Pi { b' .......,.,,........8r..w......wa....-..1-r.:y:�y a+v vva+[<ecsvmn-asca 5R�5�samYuWNt0.wrcava x•::::tu.•n•::nv:metau nvx3�ga uw�tleats�%.1(.w4vw4soaeW¢naanebvnNV+w +•wkNNCfi.�vlem-s.u[tnYw+.caa JCawmva�::.:x:s:::.i.W,.W. • • • • • GREAT AMERICAN INSURANCE COMPANY® Administrative Office:580 WALNUT STREET• CINCINNATI,OHIO 45202• 513-369-5000• FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX No.0 14079 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nomina'.e,constitute and appoint the person or persons named below its true and lawful attomeyin-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the lint stated below. Name Address Limit of Power STANLEY C.LYNN ALL OF ALL JAMES A.SCHALLER IRVINE, $75,000,000.00 JANE KEPNER CALIFORNIA NANETTE MARIELLA-MYERS RHONDA C.ABEL SUZANNE EDWARDS This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 28th day of, JUNE , 2006. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN (513-369-3811) On this 28th day of JUNE , 2006, before me personally appeared DAVID C.KITCHIN,to me known,being duly sworn, deposes and says that he resides in Cincinnati,Ohio,that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1,1993. RESOLVED:That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract or suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I,RONALD C.HAYES,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1,1993 have not been revoked and are now in full force and effect. Signed and sealed this day of, APR 2 2 2008 . S 1029T(11/01) • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: Emergency Repair of Seal Beach Pier Structure. Indemnitor(s)(list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors,materialmen, suppliers or their officers,agents, servants or employees,arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a)or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage that may have been required under the Agreement or any additional insured endorsements that may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name John S. Meek Company, Inc. Name: John S. Meek Company, I. . By: By: e S. Meek / '• . Tee Its: esident Its: Secretary 6 of 26 • • PAGE INTENTIONALLY LEFT BLANK 7 of 26 • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§1720,1773.8, 1775,1776, 1777.5, 1813,1860, 1861,3700 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 that requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to(1)keep accurate payroll records, (2)certify and make such payroll records available for inspection as provided by Section 1776,and(3)inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this c ntract." Date `f'�2 1 G g Signature 8 of 26 • I, PAGE INTENTIONALLY LEFT BLANK 9 of 26 i • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS'LICENSING LAWS [Business &Professions Code§7028.15;Public Contract Code§20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below(required at time of award): Business&Professions Code§7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor,except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now§ 20103.5]of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars($4,500),whichever is greater,or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor,or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. 10 of 26 • (f) Any compliance or noncompliance with subdivision(e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code§20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors'State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and fmancial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License no.: `109!'S 1 Class: A B HA z- Expiration date: `J-3 - • 9 Date: 4 -a y -o IS Signature: I G. 11 of 26 • i PAGE INTENTIONALLY LEFT BLANK 12 of 26 0 • WORKER'S COMPENSATION CERTIFICA.TE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by John S. Meek Company,Inc. NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET,SEAL BEACH, CA 90740-6379. 2. The insureds under such policy or policies are: .john S Meek Company. I 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds,as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE WC 295-33-10 1/1/08 1/1/09 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability,unless and until thirty days'advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. By: fI Its Authorized Representative • 13 of 26 ACORO'° CERTIFICATE ,O�' AB 1TWIRRU RANCE e m d/2008 l / s 4/23/ Producer Amanda Vanderlip THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Wood Gutmann & Bogart Insurance Brokers THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 15901 Red Hill Ave., Suite 100 COVERAGE AFFORDED BY THE POLICIES BELOW. Tustin CA 92780 INSURERS AFFORDING COVERAGE 714 505.7000 INSURER National Union Fire Ins.Co.Pitts,PA www.wgbib.com A License No. 0679263 INSURER B Insured INSURER C INSURER John S. Meek Company, Inc. D 14732 So. Maple Ave. INSURER Gardena CA 90248 C®� ERAGE=S: I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY INSR EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YY MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIAB FIRE DAMAGE(Any one fire) $ (CLAIMS MADE 1110CCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGG LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ TPOLICY (PROJECT fI LOC $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT _ALL OWNED AUTOS BODILY INJURY _SCHEDULED AUTOS (Per person) $ _HIRED AUTOS BODILY INJURY _NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ RANY AUTO OTHER THAN EA ACC$ AUTO ONLY: AGG$ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION$ $ WORKERS'A EMPLOYERS'COMPENSATION& WC 295-33-10 1/1/2008 1/1/2009 ✓1sAAHACCID LIMIT bTrIER .0 EL EACH ACCIDENT $ 1.000.000 EL DISEASE-EA EMPLOYEE $ 1.000.000 EL DISEASE-POLICY LIMIT $ 1.000.000 A (USL&H/JONES) WC 295-33-11 1/1/2008 1/1/2009 Ea. Acc 1M Dis/Empl. 1M/1M DESCRIPTION OF OPERATIONS/LOCAT'IONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERITIFICATE'HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Seal Beach EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City Hall 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- 211 Eighth St. SENTATIVES. *10 Days for Non-Payment of Premium Seal Beach CA 90740-6379 AUTHORIZED REPRESENTATIVE James E.Gutmann -ACORD;25=S-(r7/9 ...:..:. l..... _;.. ........ ,' ?i .. IlACORD CORPORA,ION Ag8sW�: • • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) created at www.e CertsONLINE.com • S PAGE INTENTIONALLY LEFT BLANK • 14 of 26 • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT:Emergency Repair of Seal Beach Pier Structure Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties, from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 15 of 26 • • 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street,2nd Floor Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 1. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Explosion Hazard ❑ Owners/Landlords/Tenants .2 Collapse Hazard ❑ Manufacturers/Contractors !7 Underground Property Damage ❑ Products/Completed Operations 0' Pollution Liability ❑ Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury ❑ ❑ Broad Form Comprehensive ❑ ❑ General Liability Endorsement 2. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or n per occurrence(check one). 3. This is an❑ occurrence or ❑ claims made policy(check one). 4. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed this_th day of April 2008 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) 16 of 26 • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT:Emergency Repair of Seal Beach Pier Structure Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: The City of Seal Beach, its elected officials, officers,attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 17 of 26 • It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street,2nd Floor Seal Beach,CA 90740 7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 1. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: • Contractual Liability ^ Explosion Hazard ❑ Owners/Landlords/Tenants Collapse Hazard ❑ Manufacturers/Contractors ', Underground Property Damage Products/Completed Operations Li Pollution Liability ❑ Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury ❑ ❑ Broad Form Comprehensive ❑ General Liability Endorsement 2. A ❑ deductible or 0 self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence(check one). 3. This is an❑ occurrence or ❑ claims made policy(check one). 4. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number 1, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed this_th day of April 2008 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) 18 of 26 • • ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT: Emergency Repair of Seal Beach Pier Structure Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail, return receipt requested,not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 19 of 26 ! • 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street,2nd Floor Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY ❑ Following Form u ❑ Umbrella Liability 1. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 2. The following inclusions, exclusions,extensions or specific provisions relate to the above coverages: A ❑ deductible or ❑ self-insured retention(check one) of$ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence(check one). This is an ❑ occurrence or ❑ claims made policy(check one). This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,2008 Signature of Authorized Representative Phone No.: ( ) • 20 of 26 • • EXHBIT A Observation report of Moffat&Nichol dated February 27,2008 • • thdhg 3780 Kilroy Airport Way, Suite 600 Long Beach, CA 90806 h10Ff V"&NICH(?L (562)426-9551 Fax (562)424-7489 February 26, 2008 City of Seal Beach City Hall 211 Eighth Street, 2nd Floor Seal Beach, CA 90740 Attention: Mr. Vince Mastrosimone Director of Public Works Via Email: vmastrosimoneaci.seal-beach.ca.us Subject: Follow-up Observation Report—Seal Beach Municipal Pier Emergency Reconnaissance Observation of Damage to Municipal Pier Dear Mr. Mastrosimone: Per the request from Mr. David Spitz, M8�N performed follow-up engineering observations to the area of the pier near the boat launch area, where the stray fender piling had been wedged between structural piles of the pier. David and I observed this area at approximately 10:30 am. ( Low Tide was at 6:47am @ 1.6 ft, High at 12:26 pm @ 2.79 ft). The purpose of the observation was to determine if the Pier could be reopened. David explained that Meek Construction had removed the loose fender piles and broken wale. There is apparent damage to the piling in the area where these had been trapped. The photos below show some of observed damage. `` tt t , •-' t 1s xrS r � 1-+ti � ,.r' ,., C`�1' �`x'iii jJ ` < �L AI"' . „:. - + ..w ,ty�< � n 1 (. E1 i� !. T 4:1 4 44 rt 7r• '4'f .,i„ y t,f: � { ''i � � � nfC•5 FD '. w "Gy"Y-� x, :aZ •�i�V J :C �}fit lw,;',. :$.:Ag...,4#.74 -.+i.:!.),;",.+,„.:1•-•:,,:,- -...-. Photo 1—Damage on Vertical Piling Photo 2—Area where Stray Piling was Removed Seal Beach Pier Feb 26.doc • ! ! 1 City Seal Beach February 26,2008 Page 2 of 2 In concurrence with Ron Heffron's recommendations yesterday, the piling should be inspected for structural damage. There is observable damage to the wraps and surface, and potentially more serious damage below the waterline. Prior to this inspection assessment, we recommend limiting the loading to pedestrian traffic and emergency vehicles only. If there is a critical need for a vehicle to use the pier, they should travel on the west side. We appreciate this opportunity to be of service and we are available to assist you immediately with underwater inspection and/or structural engineering services as needed. Please contact me or Russ Boudreau directly at(562) 426-9551 should you have any questions. Sincerely, MOFFATT& NICHOL Elizabeth Greer, SE Senior Structural Engineer C: D. Spitz M. McCarthy R. Boudreau J. Crumpley M. Breitenstein R. Heffron Seal Beach Pier Feb 26.doc • • EXIIBIT B Observation report of Moffat&Nichol dated March 6,2008 • • �` 3780 Kilroy Airport;. a Suite SC;; x Long Beach,CA 90a0S MOFFATT&NICHOL (562)426-955! Fax(562)41241--a3•; March 6,2008 City of Seal Beach City Eighth Street,2"d Floor 211 Eig City of Seal Beach 211 Seal Beach,CA 90740 Public Works Department Attention: Mr.Vince Mastrosimone MAR 0 6 2008 Director of Public Works Via Email: vmastrosimone(aci.seal-beach.ca.us RECEIVED Subj: Post-Event Inspection Report Inspection of Damage to Municipal Pier Seal Beach Municipal Pier Dear Mr.Mastrosimone: The Seal Beach Pier was damaged on Sunday,February 24,2008,when surf reported by lifeguards to be - in excess of 20 feet struck the southern California coast. The large waves broke two fender piles free of the pier . These piles became wedged between several pier piles. The unusually large wave action continued through Sunday night and Monday with the wedged fender piles repeatedly impacting the pier piles. Moffatt&Nichol (M&N) engineers Ron Heffron and Mike Breitenstein arrived on scene Monday morning accompanied by City of Seal Beach engineers and lifeguard personnel for an emergency reconnaissance inspection of damage to the pier(see Observation Report dated February 25). By Tuesday,February 26,the surf had returned to an average height of 3 feet. M&N engineer Liz Greer visited the pier accompanied by City of Seal Beach engineer David Spitz. By that time, Meek - Construction had been successful in extracting the floating fender piles (see Follow-up Observation Report dated February 26). On Thursday, February 28, an M&N waterfront structural inspection team assembled on location with underwater inspection capability and successfully completed a Post-Event Inspection following the guidelines established in the American Society of Civil Engineers (ASCE)'s Underwater Investigations Standard Practice Manual. This letter reports on the findings of the Post-Event Inspection. Objective The objective of the M&N inspection team was to determine the extent of damage to the pier caused by the event,to determine if remedial attention is necessary,and to assign a Post-Event Rating to indicate the urgency of the remedial actions. Below and near the waterline, the inspection focused on the pier and fender piles in Bents 61-64, located in the vicinity of the loading platform (see Key Plan, Appendix A). This is the isolated area in which possible damage may have resulted from the floating fender piles. Particular care was taken in the inspection of batter Pile 63D and vertical Piles 63E and 62G,as these had reportedly sustained deflections up to12 in. at the waterline. A total of 32 piles were inspected by M&N engineer-divers, from +3ft MLLW to the mud line. The underwater inspection was conducted using a four-person dive team using Scuba equipment,from M&N's 28-ft inspection boat. The above water perimeter inspection was conducted from M&N's inspection boat. The inspection commenced at Bent 48 on the West side of the pier, continued South around the end of the pier, and • terminated at Bent 48 on the East side of the pier. Bent 48 was as close to shore as the boat could operate . I . • • k City of Seal Beach ' w Seal Beach Pier Post Event Inspection March 6,2008 Page 2 of 6 •• due to shallow waters and breaking surf. The above water perimeter inspection focused on all structural • components between the waterline and the pier deck including piles, cross-braces (longitudinal and • transverse),pile caps and connection details,as well as the fender system. Observed Conditions The underwater inspection did not reveal significant structural damage to the pier piles. •. The 32 riles in Bents 61-64 were inspected visually and tactilely for signs of damage.or failure. ; . Because all piles are jacketed with polyethylene wraps from above the splash zone to beneath the mud line, special attention was paid to the wraps, especially at the mud line where stresses in a member tend to be magnified. Engineer-divers inspected 12-in. high bands cleared of marine growth at the mud line for signs of bulging, twisting or curvature. No bulging, twisting or bending was observed. The wrap seams continued down into the sand straight and neat. The divers were not able to detect any amount of yielding in the piles when exerting a force against them. • Vertical Pile 63E has been subjected to moderate abrasion damage(Photo 1).The maximum loss of cross sectional area is approximately 9 percent and occurs at approximately 5.0 ft MLLW on the southwest side of the pile. With 91 percent of the cross section remaining, the pile remains . • structurally sound, though its longevity may be compromised due to the loss of protection provided by the treated outside timber layer. a ll J, I i L'.. ��"1 t ^:.� l � Photo 1 -Pile 63E Photo 2-Pile Wraps on 63D&63E • The polyethylene wraps on Piles 63D and 63E were shredded from approximately 0.0ft MLLW to 5.0 ft MLLW (Photo 2). The wrap on Pile 64E suffered one penetrating gouge at approximately 2.0 ft MLLW while the wrap on Pile 64C suffered numerous penetrating gouges from approximately 1.0 ft MLLW to 6.0 ft MLLW(Photo 3). . • . 1 1 1 hd •r City of Seal Beach Seal Beach Pier Post Event Inspection March 6,2008 Page 3 of 6 Observed damages and defects above the waterline include: • • Some damaged and missing cross-braces at Bents 51-52 west side (longitudinal) (Photo 4), Bent 60 east side(transverse),and Bents 61-62 west side(longitudinal) (Photo 5) . The damage to the cross-braces increases the effective unbraced lengths of the piles, thereby decreasing their axial capacity and in turn reducing the live load capacity of the pier in localized regions. r F ,f , :s.a+ ',", f Fi 4Ihr 7-1 K, ' i 6 - . i� "- ' } r� � 4 4s- � a •� _ +?ypU , . S 1. -. tom+ :y::,_,...:,,r S �` : _ ; Photo 3—Gouged Wrap Pile64C s'Y F' •C FAX • �.. 'x Ea, d R w � ,; ti,.... ..,..-, t ,_ r A F ' fir'' 9 t4, -4. f ,.r`� 1. i F ^.. +,-. . _ _ y_Paz K ! ,5 g"11 .. P�•L'T-J: , •_ _$ ,,----�ice G f �K T x _.. 4 Ly � I '-.t.q.t ('=Frei•. a•sq..Q1....r4S"•• •.l4 ..vii, '°x,41-' - :4 K ''` c" "``7 Y% h. .: mom,. . n r^* x5,`t a4 • -; �...'='a ' ~`. ii�13'! _ °` Ys a e' '� -',..q....2.-15."'" rig- :1*, ,.,, i Photo 4—Destroyed Cross-Braces Photo 5—Damaged Cross-Brace • • hd, „__ ,,.. ,, City of Seal Beach Seal Beach Pier Post Event Inspection March 6,2008 Page 4 of 6 • Damages to the fender system include the missing double pile that was knocked free by the surf between Bents 62 and 63 (Photo 6) . • A broken wale at Bent 63 (Photo 8) • The fender pile at Bent 61 is approximately 8 inches high as observed relative to the upper wale; the connection at the lower areas also appear displaced, hence it is believed this pile experienced uplift during the event. (Photo 9) • The loading platform ramp appears to have lost a vertical member of its outboard handrail, possibly torn off by the broken fender piles(Photo 7). v uc f I �---gym• ? . y-Ill. � 7., - + •5(.`.4::s.,., 1 4 T y.1 y 1 ® i Photo 6—Missing Fender Piles Figure 7—Vert Railing on Loading Ramp y 3'§ ',,--, ,, kill . --, • • _ ,,,,....5,.. •, - __, • _ , . . _ _ z. Photo 8—Damaged Wale Photo 9—Fender Pile Lifted—8 in . { 7 � h, T rµ ' City of Seal Beach Seal Beach Pier Post Event Inspection March 6,2008 Page 5 of 6 • Evaluation: • A Post-Event Condition Rating of"C" is assigned, with reference to the rating system of Table 2-5 of ASCE's Underwater Investigations Standard Practice Manual(Figure 1). TABLE2-5.Post-Event Condition Ratings Rating Description A No significant event-induced damage observed:no further action is required B Minor to moderate event-induced damage observed,but all primary structural elements are sound. Repairs may be required,but the priority of repairs is low. C Moderate to major event-induced damage is observed that may have significantly affected the load-bearing capacity of primary structural elements. Repairs are necessary on a priority basis. D Major event-induced damage has resulted in localized or widespread • • failure of primary structural components. "" Additional failures are possible or likely to occur. Urgent remedial attention is necessary. Figure 1—ASCE Post-Event Condition Rating Table Recommendations: • Replacement of the shredded wraps on Piles 63D and 63E should be considered urgent in that it is only with the complete removal of the existing wraps that the intactness of the encased piles can be verified. The condition of the piles should be verified by the pile wrap contractor prior to installation of the replacement wraps. • The gouged wraps of Piles 64C and 64E should be repaired to prevent woodborer proliferation. • It is recommended that the City of Seal Beach also place a high priority on replacing the damaged cross-braces observed during inspection. This is a cost-effective way to restore structural integrity to several affected areas. Without these structural systems fully restored,the capacity of the pier will remain compromised. • The broken wale, lifted fender pile and missing fender pile should be addressed before restoring boat operations at the loading platform. We appreciate the opportunity to provide service for the City of Seal Beach and look forward to the opportunity to work with you again. Please feel free to contact me or Mike Breitenstein at (562) 426- 9551 with any questions. Sincerely, MOFFATT&NICHOL Russell Boudreau,PE Project Manager • • _z„ ,,,- ',--, APPENDIX A 0 0 eo 0 000 4 0 •.__._.. . • • • i • i F • J. .i • • • . 0 Co z I O cl:al J ZWwww 0 Z -W ? L.. C1. Lp •—► • • • •— • • • I� • M • • • r • • • EXHBIT C Written proposal submitted by John S.Meek company,Inc.,dated April 2,2008 04/02/2008 15:30 31083 JSM • PAGE 02/03 • + JOHN S. t'Ati MEEK COMPANY,INC. 14732 SO.MAPLE AVENUE G GEMEIMLIMIRUCTIONAIVDCONSTRUCTIONMAMIGEMENT GARDENA,CA 90248 TEL: (310) 8304329 FAX (310)835.2163 E-MAIL:general @Johnsmeekcom April 2,2008 City of Seal Beach—City Hall 211 Eighth Street Seal Beach,CA 90740 Attention: David Spitz,PE Phone: (562)431-2527(Ext. 1331) FAX: (562)430-8763 • Gentlemen: • We are pleased to submit the following quotation for repairs to the Seal Beach Pier. • Price to include all labor,material and equipment to repair the pier per the Moffatt&Nichol recommendations received March 6,2008. We exclude any utilities,costs of permits and inspections. We require a section of parking lot near the side of the pier for material staging,for • traosfe'ring onto the pier,and parking passes for our crews. We will be able to complete this work during daytime hours and do not require closing the pier to the public.We can delineate our work area and keep the public at a safe distance.The duration of this project is anticipated to take less than 10 working days to complete after our initial mobilization onto the pier. The breakdown for the above work is as follows: Base price to repair the boat landing damage and pile wrap only: Mobilization... ..$32,270.00 Materials 12,015.00 • Labor&Equipment . 30' .275.00' • Total Base Price $74,560.00 Add Opt.#1 Repair storm damaged pier braces: Materials $2,415.00 Labor&Equipment 4960.00 Total Add Opt#1 . $7,375.00 Add Opt #2 Supply and install two H.D.P.E.rub strips to the boat landing fender pile: Materials $4,015.00 Labor&equipment .. 3.485.00 Total Add Opt.#2 $7,500.00 General Construction: Pile Driving • Foundations • Marine • Shoring • HazMat License #709151 04/02/2008 15:30 31083.3 JSM • PACE 03/03 Material is in stock and we can start work in a timely manner with acceptance of this quote. If you have any questions,please call. Sin ly yours, Project Manager • , • • Renewal of Policy#: 00419 Minimum&Dep «?remium: $48,785 * * * 4. * * 4. * * I 01i1� * AMERICAN �IT�ihiiu_i_u,��T1 HOME ASSURANCE COMPANY ORIGINAL THIS IS A TRUE AND EXACT cOlnYbP. NEW YORK A CAPITAL STOCK COMPANY FOUNDED 1853 0 klvl S G • eitht', In , 777 South Figueroa Street Policy No. Q 0 4-1 q Los Angeles,California 90017 Signed air RENEWAL CERTIFICATE Named Assured: John S Meek Company,Inc. Amount of Insurance: $1,000,000 One Million and No Cents Dollars Policy Period From: 12:01 A.M., PST January 1,2008 To: 12:01 A.M., PST January 1,2009 On: Comprehensive Marine Liability/Ship Repairer's Legal Liability-As per Policy In consideration of the Minimum& Deposit Premium of Forty Eight Thousand Seven Hundred and Eighty Five Dollars and No Cents($48,785), it is agreed that the policy Q0419 designated above is renewed for the period stated, subject to the terms and conditions thereof,except as attached hereunder. Should the Policy contain duplicate or out of sequence Endorsement Numbers, it is hereby agreed that such Endorsement(s) shall apply as written, without change,just as if the correct number sequence had occurred and the duplication of Policy Endorsement Numbers had not occurred. PLE SE READ YOUR POLICY AND KEEP TAORTIFICAT ' THE :•LICY. to C ntersigned Authorized Representative IN WITNESS WHEREOF,the Company has caused this Renewal Certificate to be executed below,but this Renewal Certificate shall not be valid unless countersigned by a duly authorized representative of the Company. ,/,, ,,72, ,, Secretary President POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group, Inc. (MG). The MG member companies generally pay compensation to brokers and independent agents,and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aignroducercomuensation.cimi or by calling AIG at I-800-706-3102. Producer Name: AON,LA Brokers Commission: 15% AIG Global Marine Page 1 oft • J 110 • ATTACHED TO AND FORMING PART OF POLICY NO: 00419 OF THE AMERICAN HOME ASSURANCE COMPANY EFFECTIVE: JANUARY 1,2008 ASSURED: JOHN S MEEK COMPANY,INC. RENEWAL CERTIFICATE IT IS HEREBY AGREED THAT THE FOLLOWING SHALL BE MADE PART OF THIS POLICY,AS PER BELOW: It is hereby understood and agreed that effective January 1,2008,Page 1 Item III is amended to read as follows:- Page 1 Item No.III PREMIUM AND REPORTING: The Assured, by acceptance of this policy, agrees to keep an accurate record of all gross receipts for operations covered under the terms and conditions of this policy, which record shall be open to examination by representatives of this Company at all times during business hours,during the term of this policy or thereafter, and further agrees to report to this Company on an Annual Basis on or before 30 days after the preceding 12 months the total amount thereof (collected or uncollected) for the preceding 12 months or such period as is within the term of this policy. The earned premium hereunder to be computed thereon at the rate 0.19359 per$100 of"Gross Receipts" (the estimated annual"Gross Receipts" are $28,000,000),and applied against the minimum earned and deposit premium until same is exhausted, following which all further earned premium shall be due and payable to this Company at time of filing the report on which the earned premium is due. This Company shall have the right of set off against the claims payable under this policy of any premium due hereunder. It is agreed that the minimum earned premium hereunder shall be $48,785. The deposit premium, payable upon attachment of this policy, shall be$48.785. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AI Global Marine Page 2 of 2 �. • Renewal of Policy No.:Q0419 Premium: 44100.00 (Minimum&Deposit) * * * * , * l�I� AMERKANih'J H i i I�TT:HOME ASSURAN-CE COMPANY • . NEW YORK, NEW YORK A CAPITAL STOCK COMPANY FOUNDED 1853" AIG GLOBAL MARINE AND ENERGY 777 SOUTH FIGUEROA STREET,LOS ANGELES,CA 90017 RENEWAL CERTIFICATE Named Assured: John S.Meek Company,Inc. • Amount of Insurance: $1,000,000 One Million and 001100 ......... Dollars Policy Period From: 12:01 A.M., EST January 1,2007 To: 12:01 A.M., EST January 1,2008 On: -As per Policy Commission—15% In consideration of the payment of premium it is agreed that the policy designated above is renewed for the period stated, subject to the terms and conditions thereof,except as attached hereunder. PLEASE READ YOUR POLICY AN' P THIS C RT C E WITH IT. February 1,2007 Date Countersigned Authorized Representative IN WITNESS WHEREOF,the Company has caused this Renewal Certificate to be executed below, but this Renewal Certificate shall not be valid unless countersigned by a duly authorized representative of the Company. Secretary President Producer Name: Aon Risk Services, Inc. Address: 707 Wilshire Blvd., Suite 6000, Los Angeles,CA 90017 ORIGINAL • • . AIG . • • Global Marine This endorsement No.: 17,effective 12:01 A.M.1/1/2007 forms a part of Policy No.00419 issued to John S.Meek Companv,_Inc. by American Home Assurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. RENEWAL ENDORSEMENT TERRORISM EXCLUSION This endorsement modifies insurance provided under the following: This insurance does not apply to loss,injury,damage,claim or suit,arising directly or indirectly as a result of a certified'act of terrorism' defined by Section 102.Definitions.,of the Terrorism Risk Insurance Act of 2002 and any revisions or amendments. For purposes of this endorsement and in compliance with the Terrorism Risk Insurance Act of 2002,an'act of terrorism shall mean: (1) Act of Terrorism— (A) Certification.—The term'act of terrorism'means any act that is certified by the Secretary of the Treasury of the United States,in concurrence with the Secretary of State,and the Attorney General of the United States— (I) to be an act of terrorism; (II) to be a violent act or an act that is dangerous to— (I) human life; (II) property;or (III) Infrastructure; (iii) to have resulted in damage within the United States,or outside of the United States in the case of— (I) an air carrier or vessel described in paragraph(5)(B);[for the convenience of this endorsement,paragraph (5)(B)reads:occurs to an air carrier(as defined in Section 40102 of title 49,United States Code)to a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),regardless of where the loss occurs,or at the premises of any United States mission]; (II) the premises of a United States mission;and (iv) to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest,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. (B) Limitation.—No act shall be certified by the Secretary as an act of terrorism if— (i) the act is committed as part of the course of a war declared by the Congress,except that this clause shall not apply with respect to any coverage for workers'compensation;or (ii) property and casualty insurance losses resulting from the act,in the aggregate,do not exceed$5,000,000. (C) Determinations Final.—Any certification of, or determination not to certify, an act as an ad of terrorism under this paragraph shall be final,and shall not be subject to judicial review. (D) Nondelegatlon. — The Secretary may not delegate or designate to any other officer, employee, or person, any determination under this paragraph of whether,during the effectiv rind of the Program an act of terrorism has occurred. All other terms and conditions of the policy are the same. ORIGINAL Authorized Representative or Countersignature (where required by law) : ,. „. . . • • AIG Global Marine THIS ENDORSEMENT,EFFECTIVE: 12:01,A.M.(PST),January 1,2007 Date of Issuance:2/1/07 ATTACHED TO AND FORMING PART OF POLICY NO.:00419 OF THE: AMERICAN HOME ASSURANCE COMPANY ISSUED TO:JOHN S.MEEK COMPANY,INC. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. RENEWAL ENDORSEMENT ENDORSEMENT NO. 18 It is hereby understood and agreed that effective January 1,2007,Page 1—Item #11I and Page 38,39&40—Endorsement No.7,8&9 are amended to read as follows: Page 1—Item No.HI PREMIUM AND REPORTING: The Assured, by acceptance of this policy, agrees to keep an accurate record of all gross receipts for operations covered under the terms and conditions of this policy, which record shall be open to examination by representatives of this Company at all times during business hours, during the term of this policy or thereafter,and further agrees to report to this Company on an annual basis on or before thirty(301 days after the preceding 12 months the total amount thereof(collected or uncollected) for the preceding 12 months or such period as is within the term of this policy. The earned premium hereunder to be computed thereon at the rate $.245 per $100 of"Gross Receipts" (the estimated annual "Gross Receipts" are $20,000,000.00.) and applied against the minimum earned and deposit premium until same is exhausted, following which all further earned premium shall be due and payable to this Company at time of filing the report on which the earned premium is due. This Company shall have the right of set off against the claims payable under this policy of any premium due hereunder. it is agreed that the annual minimum earned premium hereunder shall be $44,100.00. The deposit premium, payable upon attachment of this policy, shall be $44,100_00. Pace 38,39&40—Endorsement No.7,8&9 It is also agreed that endorsement no.7,8&9 are deleted. Contractual Indemnity Exclusion for Employee Divers(Endorsement#7) Independent and/or Subcontractor Warranty(Endorsement#8) Lift Capacity Warranty Endorsement(Endorsement#9) ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND E SION '' AI• UNCHANGED. A OF /f ORIGINAL SIGNATURE ORIGi AIG GLOBAL MARINE S • AIG Global Marine THIS ENDORSEMENT, EFFECTIVE: 01/01/06 Date of Issuance:March 8,2007 ATTACHED TO AND FORMING PART OF POLICY NO.: O 0419 OF THE: American Home Assurance Company ISSUED TO: JOHN S. MEEK COMPANY, INC. ENDORSEMENT NO. 19 In consideration of premium included, it is hereby understood and agreed that effective January 1,2006 to January 1,2008,Commercial General Liability Form No. CG 25 03 03 97 is added to the policy as per the attached. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSION REMAIN UNCHANGED. ZiCc AUTHORIZED SIGNATURE MG GLOBAL MARINE ORIGINAL • POLICY NUMBER: Q0419 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL•MARINE LIABILITY DECLARATIONS SECTION 1 — LIMIT OF LIABILITY SCHEDULE Designated Construction Projects: "WHERE REQUIRED BY AN INSURED CONTRACT" (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally 4. The limits shown in the Declarations for Each obligated to pay as damages caused by Occurrence, Fire Damage and Medical Ex- "occurrences" under COVERAGE A (SECTION pense continue to apply. However,instead of I), and for all medical expenses caused by acci- being subject to the General Aggregate Limit dents under COVERAGE E (SECTION I), which shown in the Declarations, such limits will be can be attributed only to ongoing operations at a subject to the applicable Designated Con- single designated construction project shown in struction Project General Aggregate Limit. the Schedule above: B. For all sums which the insured becomes legally 1. A separate Designated Construction Project obligated to pay as damages caused by General Aggregate Limit applies to each 'occurrences" under COVERAGE A (SECTION designated construction project,and that limit I), and for all medical expenses caused by acci- is equal to the amount of the General Aggre- dents under COVERAGE C (SECTION I), which gate Limit shown in the Declarations. cannot be attributed only to ongoing operations 2. The Designated Construction Project General at a single designated construction project shown Aggregate Limit Is the most we will pay for in the Schedule above: the sum of all damages under COVERAGE 1. Any payments made under COVERAGE A A.except damages because of'bodily injury" for damages or under COVERAGE C for or "property damage" included in the medical expenses shall reduce the amount "products-completed operations hazard", and available under the General Aggregate Limit for medical expenses under COVERAGE E or the Products-Completed Operations Ag- regardless of the number of: gregate Limit,whichever is applicable;and a. Insureds; 2. Such payments shall not reduce any Desig- b. Claims made or"suits"brought;or nated Construction Project General Aggre- c. Persons or organizations making claims gate Limit. or bringing"suits'. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- 3. Any payments made under COVERAGE A vided, any payments for damages because of for damages or under COVERAGE E• for "bodily injury" or "property damage" included in medical expenses shall reduce the Desig- the "products-completed operations hazard" will nated Construction Project General Aggre- reduce the Products-Completed Operations Ag- • gate Limit for that designated construction gregate Limit, and not reduce the General Ag- project. Such payments shall not reduce the gregate Limit nor the Designated Construction General Aggregate Limit shown in the Dada- Project General Aggregate Limit. rations nor shall they reduce any other Des- ignated Construction Project General Aggre- gate Limit for any other designated construc- tion project shown in the Schedule above. CG 25 03 03 97 Copyright, Insurance Services Office,Inc., 1996 Page 1 of 2 0 • D. If the applicable designated construction project E. The provisions of Limits Of Insurance (SECTION has •been abandoned, delayed, or abandoned I) not otherwise modified by this endorsement and then restarted, or if the authorized contract- shall continue to apply as stipulated. ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. Page 2 of 2 Copyright, Insurance Services Office,Inc., 1996 CG 25 03 03 97 0 • • AIG • Global Marine THIS ENDORSEMENT, EFFECTIVE: 1/1/2007 Date of Issuance:5/31/07 ATTACHED TO AND FORMING PART OF POLICY NO.: Q0419 OF THE: American Home Assurance Company ISSUED TO: John S. Meek Company, Inc. ENDORSEMENT NO. 21 POLICYHOLDER NOTICE It is hereby understood and agreed that effective January 1, 2007, the POLICYHOLDER NOTICE is added to this policy. Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aigproducercompensation.com or by calling MG at 1-800-706-3102. ALL OTHER TERMS,CONDITIONS LIMITATIONS AND EXCLUSION REMAIN UNCHANGED. ORIGINAL f AUTHORIZED SIGNA r.•• AIG GLOBAL M• 'ii E • . • Renewal of No.:magi Policy No.: Q0419 • • • • • • • • • * l 11•, "4:T' 1• • AMERICAN F i-E� -1 HOME ASSURANCE COMPANY NEW YORK.NEW YORK A CAPITAL SMOCK COMPANY POUNDED 1853 ORIGINAL AMERICAN INTERNATIONAL MARINE AGENCY 777 SOUTH FIGUEROA STREET LOS ANGELES,CALIFORNIA 90017 Amount $Per Form Rate: Per Form Premium: $49,140.0Q (Minimum&Deposit) BY THIS POLICY OF INSURANCE Does insure JOHN S. MEEK COMPANY, INC. For account of Themselves Loss,If any,payable to Assured or Order To the amount of ***Per Form`*' Dollars From 12:01 a.m.(PST) January 1,2006 To 12:01 a.m.(PST)January 1,2007 On COMPREHENSIVE MARINE LIABILITY; SHIP REPAIRER'S LEGAL LIABILITY COMMISSION—15% Subject to all of the terms,conditions and exclusions of the forms)attached hereto. Comprehensive Marine Liability Form Independent and/or Subcontractor Warranty Ship Repairers Liability Coverage Endorsement Lift Capacity Warranty Endorsement Seepage and Pollution Buy-Back(On-Land)(72 Hour/30 Days Additional Assured(s)Endorsement Action OverAndemniy Buyback-"Occurrence"—1/10/86 Primary Insurance Endorsement Subcontractor(s)Certificate Warranty Warranties Endorsement Traveling Workmen Endorsement Terrorism ExdusIon Waiver of Subrogation Endorsement Endorsement No.12 Contractual indemnity Exdusion for Employee Divers THIS POLICY IS MADE AND ACCEPTED SUBJECT TO the terms,conditions and exclusions which are hereby specially referred to and made part of this Policy,together with such other provisions,agreements or conditions as may be endorsed hereon or added hereto; and no officer,agent or other representative of this Company shall have power to waive or be deemed to have waived any provision or condition of this Policy unless such waiver, if any,shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the Assured unless so written or attached. In Witness Whereof,the said American Home Assurance Company has caused this Policy to be signed by its President and Secretary,but it shall not be valid unless countersigned by a duly authorized representative of the Company. a Secretary esident Countersigned at Los Anoeles.California, this 31 5t day of January 2006 61A^4-4-- • ' Agent. • • • • COMMERCIAL MARINE LIABILITY DECLARATIONS POLICY NUMBER: 00419 NAMED ASSURED: JOHN S.MEEK COMPANY.INC. MAILING ADDRESS: 1931 N.GAFFEY STREET,SUITE C SAN PEDRO CALIFORNIA 90731 POLICY PERIOD: From January 1,2006 to January 1,2007 at 12:01 A.M.Standard Time at the mailing address shown above OF THE: AMERICAN HOME ASSURANCE COMPANY Loss,if any,payable to Assured,or order. IN CONSIDERATION OF THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY,THE COMPANY AGREES TO PROVIDE INSURANCE AS STATED HEREIN. I. LIMIT OF LIABILITY: A. Limit each Occurrence including Supplementary Payments: $ 1.000.000.00_,Combined Single Limit B. Products Hazard or Completed Operations Hazard or with respect to liability arising out of independent contractors Aggregate Limit: $ 1,000,000.00 . C. Personal Injury and Advertising Injury Aggregate Limit: $ 1.000,000.00 . D. Fire Damage Liability Limit: S 50,000.00 . ANY ONE FIRE E. Premises Medical Payments Limit:$ 5.000.00 . ANY ONE PERSON F. General Aggregate Limit (Other Than Products-Completed Operations) $ 2,000,000.00 , Combined Single Limit. COMBINED SINGLE LIMIT: It is understood and agreed that in the event of an occurrence involving more than one policy form, section,or endorsement the maximum limit of liability under this policy for any one occurrence shall not exceed$ 1,000,000.00 , II. DEDUCTIBLE:No claims shall be payable under this policy unless the aggregate liability for any one occurrence, including supplementary payments, exceeds the sum of $ 5,000.00 , any one accident or occurrence, except $ 20,000.00 any one accident or occurrence as respect Pollution Claims and this sum shall be deducted from the amount payable hereunder for each occurrence. Medical Payments are not subject to the deductible. III. PREMIUM AND REPORTING: It is understood and agreed that a deposit premium of$ 49.140.00 is payable upon attachment of this policy. The Assured,by acceptance of this policy, agrees to keep an accurate record of all "gross receipts" for operations covered under the terms and conditions of this policy, which record shall be open to examination by representatives of this Company at all times during business hours, during the term of this policy or John S.Meek Company,Inc. Page 1 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • thereafter, and further agrees to report to this Company on an annual basis on or before thirty (30) days after the preceding 12 months the total amount thereof(collected or uncollected)for the preceding 12 months or such period as is within the term of this policy. The earned premium hereunder to be computed thereon at the rate $ .42 per $100 of"Gross Receipts" (the estimated annual "Net" "Gross Receipts"are, $13,000,000.00 .) and applied against the minimum earned and deposit premium until same is exhausted,following which all further earned premium shall be due any payable to this Company at time of filing the report on which the earned premium is due. This Company shall have the right of set off against the claims payable under this policy of any premium due hereunder.It is agreed that the annual minimum earned premium hereunder shall be$ 49,140.00 , IV. LOCATIONS: Property, facilities, and offices of the Assured(s) that are owned,rented, leased or occupied and are insured hereunder: 1. 1931 N.Gaffey Street,San Pedro,CA 90731 2. 22700 N.Alameda Street,Carson,CA 3. Not Covered V. COVERAGE TERRITORY: This insurance applies only to Bodily Injury or Property Damage which occurs within the coverage territory. VI. CANCELLATION: This policy may be canceled by the First Named Assured by mailing to the Company written notice when thereafter such cancellation shall be effective. This policy may be canceled by the Company by mailing to the First Named Assured at his last known address written notice stating when,not less than thirty 30 days thereafter, such cancellation shall be effective;except in event of non payment of premium,only ten 10 days notice in writing to the First Named Assured is required. Such notice sent to the First Named Assured in the care of the broker or agent - who negotiated this policy shall have the same effect as if sent directly to the First Named Assured. If cancellation is at the Assured's option,the Company will return a"short-rate return premium";if cancellation is at the Company's option,pro rata unearned premium will be returned as soon as practicable. VII.PARAMOUNT EXCLUSIONS:The following exclusions shall be paramount and shall override anything contained in this policy inconsistent therewith: a. Asbestos Exclusion In consideration of the premium charged, it is agreed that this policy shall not apply to any liability for bodily injury or property damage, including loss of use thereof, arising out of the manufacturing, processing, handling, distribution,sale,application,removal or use of asbestos,or asbestos related product(s). b. Directors and Officers Exclusion It is understood and,agreed that coverage afforded by this policy shall not apply to any director and/or officer of the Assured by reason of any wrongful act committed in their capacity as a director and/or officer of the Assured. It is further agreed that the term"wrongful act"shall be defined as,but not limited to,any breach of duty,neglect, error, misstatement, misleading statement, omission or other act actually done or attempted by a director and/or officer claimed against them solely by reason of their capacity as such. c. Employment-Related Practices Exclusion It is understood and agreed that this insurance shall not cover: John S.Meek Company,Inc. Page 2 Commercial Marine Liability Policy No:Q0419 January 1,2006 ® • "Bodily Injury" arising out of any refusal to employ, termination of employment, coercion, demotion, evaluation, re-assignment, discipline, defamation, harassment, humiliation, discrimination or other employment-related practices, policies, acts or omissions or consequential"bodily injury" as a result of the above. "Personal Injury" arising out of any refusal to employ, termination of employment, coercion, demotion, evaluation, re-assignment, discipline, defamation, harassment, humiliation, discrimination or other employment practices,policies,acts or omissions;or consequential`personal injury"as a result of the above. This exclusion applies whether the Assured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to repay someone else who must pay damages because of the injury. d. Fiduciary Liability Exclusion In consideration of the premium charged and notwithstanding anything therein to the contrary,it is hereby agreed that such coverage as is afforded by this policy shall not apply to any claim or claims arising out of fiduciary liability. e. Health Hazard Exclusion Notwithstanding anything to the contrary contained in this policy, no coverage is granted by this policy for any claim or expense(including but not limited to defense cost)arising out of the following exclusion. This policy shall not apply to: 1) POLYCHLORINATED BIPHENYL(P.C.B.):- Bodily Injury or Personal Injury or loss of,damage to - or loss of use of property directly or indirectly caused by Polychlorinated Biphenyl. The term PCB as used in this exclusion means Polychlorinated Biphenyl or any derivative thereof. 2) SILICA:- .Bodily Injury or Personal Injury or loss of, damage to or loss of use of property directly or indirectly caused by Silica. 3) LEAD:- Bodily Injury or Personal Injury or loss of, damage to or loss of use of property directly or indirectly caused by lead and/or lead related compounds and/or lead derivatives. It is further agreed that this policy shall not apply to any liability for Bodily Injury or Personal Injury and/or Property Damage made by or on behalf of any person or persons directly or indirectly on account of continuous, intermittent or repeated exposures to, ingestion, inhalation, or absorption of,any substances,materials,products, wastes or emissions, noise or environmental disturbance where the Assured is or may be liable for any reason including, but not limited to, as a result of the manufacture, production, extraction, sale, handling, utilization, distribution,disposal or creation by or on behalf of the Assured of such substances,materials,products,wastes or emissions,noise or environmental disturbance. For the purpose of this clause,the term"Personal Injury"shall mean bodily injury or insult(including death at any time resulting therefrom),mental injury,mental anguish,shock, sickness,disease,disability,detention,humiliation or wrongful eviction. f. Occupational Disease Exclusion It is understood and agreed that this insurance shall not cover any liability, loss, damage or expense as regards personal injury(fatal or non fatal)resulting from occupational disease sustained by any employee of the Assured. g. Professional Liability/Errors or Omissions Exclusion In consideration of the premium charged,it is hereby agreed that this policy shall not apply to any claim or claims arising out of a breach of professional duty by reason of any negligent act, error or omission, malpractice or John S.Meek Company,Inc. Page 3 Commercial Marine Liability Policy No:Q0419 January 1,2006 . ® • mistake of a professional nature committed or alleged to have been committed by or on behalf of the Assured in the conduct of any of the Assured's business activities. Professional services includes but is not limited to the preparation or approval of maps, plans, opinions, reports, surveys, designs or specifications and supervisory, inspection,engineering,or data processing services. h. Punitive Damage Exclusion It is understood and agreed that this insurance shall not cover any fines, penalties, punitive damages, treble damages or any other damages resulting from the multiplication of compensatory damages. i. Securities and Financial Interest Exclusion It is agreed that no coverage under this policy shall apply to any damages arising out of or by reason of, 1) The purchase,or sale,or offer of sale,or solicitation of any security,debt,bank deposit or financial interest or instrument;or 2) Any representation made at any time in relation to the price or value of any security,debt,bank deposit or financial interest or instrument;or 3) Any depreciation or decline in price or value of any security,debt,bank deposit or financial interest or instrument. 4) Any intentional or unintentional violation of any provision of Federal or State securities laws,including but not limited to the Securities and Exchange Act of 1934 or any amendments or additions thereto. It is furthermore agreed that the Company has no obligation to defend or pay for the defense of any claim that may allege any of the foregoing. j. Absolute Pollution Exclusion It is hereby understood and agreed that such coverage as is afforded by this policy shall not apply to any claim arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals,liquids or gases,waste materials,oil or other petroleum substance or derivative(including any oil refuse or oil mixed wastes) or other irritants, contaminants or pollutants into or upon land, the atmosphere, or any watercourse or body of water. k. AIMU Extended Radioactive Contamination Exclusion Clause with U.S.A.Endorsement(03/01/03) This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. 1. In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from 1.1 ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel 1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation,reactor or other nuclear assembly or nuclear component thereof 1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. John S.Meek Company,Inc. Page 4 Commercial Marine Liability Policy No:Q0419 January 1,2006 1 ® • • • 1A the radioactive,toxic,explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural,medical,scientific or other similar peaceful purposes. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE ENDORSEMENTS This insurance is subject to the Extended Radioactive Contamination Exclusion Clause (March 1,2003) provided that if fire is an insured peril and where the subject matter insured or, in the case of a reinsurance, the subject matter insured by the original insurance,is within the U.S.A.,its islands,onshore territories or possessions and a fire arises directly or indirectly from one or more of the causes detailed in Sub-Clauses 1.1, 1.2,and 1.4 of the Extended Radioactive Contamination Exclusion Clause March 1,2003 any loss or damage arising directly from that fire shall, subject to the provisions of this insurance (reinsurance), be covered, EXCLUDING however any loss damage liability or expense caused by nuclear reaction,nuclear radiation, or radioactive contamination arising directly or indirectly from that fire. 1. Nuclear Energy Liability Exclusion(Broad Form) It is agreed that: I. This policy does not apply: A. Under any Liability Coverage to bodily injury or property damage: (1) with respect to which an Assured under this policy is also an Assured under a Nuclear Energy Liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada,or would be an assured under any such policy but for its termination upon exhaustion of its limit of liability;or (2) resulting from the hazardous properties of nuclear material and with respect to which(A)any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof,or(B)the Assured is,or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United Stated of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage,or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any liability coverage to bodily injury or property damage resulting from the hazardous properties of nuclear material,if (1) The nuclear material(A)is at any nuclear facility owned by or operated by or on behalf of an Assured or(B)has been discharged or dispersed therefrom; John S.Meek Company,Inc. Page 5 Commercial Marine Liability Policy No:Q0419 January 1,2006 f • i (2) The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed,stored,transported or disposed of by or behalf of an Assured;or (3) The bodily injury or property damage arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility,but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this exclusion: "Hazardous Properties means radioactive,toxic or explosive properties; "Nuclear Materials"means source material,special nuclear material or by-product material; "Source Material","Special Nuclear Material" and "By-Product Material",have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent Fuel", means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "Waste"means any waste material(A)containing by-product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content,and(B)resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility; "Nuclear Facility"means (A) any nuclear reactor, (B) any equipment or device used for(1)separating the isotopes of uranium or plutonium,(2)processing or utilizing spent fuel,or(3)handling,processing or packaging waste, (C) any equipment or device used for the processing,fabricating or alloying of special nuclear material if any time the total amount of such material in the custody of the Assured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof,or more than 250 grams of uranium 235, (D) any structure, basin, excavation, premises or place prepared or used for the storage or disposal or waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for operations; "Nuclear Reactor" means any apparatus designed or used to sustain nuclear fission in a self supporting chain . reaction or to contain a critical mass of fissionable material; "Property Damage" includes all forms or radioactive contamination of property. John S.Meek Company,Inc. Page 6 Commercial Marine Liability Policy No:Q0419 January 1,2006 0 • m. AIMU Chemical,Biological,Bio-Chemical,and Electromagnetic Exclusion Clause—03/01/03 This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. In no case shall this insurance cover loss,damage,liability or expense directly or indirectly caused by or contributed to or arising from an actual or threatened act involving a chemical, biological, bio-chemical or electromagnetic weapon,device,agent or material when used in an intentionally hostile manner. n. AIMU U.S.Economic&Trade Sanctions Clause Whenever coverage provided by this policy would be in violation of any U.S. economic or trade sanctions such as, but not limited to, those sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control("OFAC"),such coverage shall be null and void. Similarly,any coverage relating to or referred to in any certificates or other evidences of insurance or any claim that would be in violation of U.S.economic or trade sanctions as described above shall also be null and void. VIII. DECLARATIONS CLAUSE: By acceptance of this policy, the Named Assured agrees that the statements in the Declarations are his agreements and representations that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the Company or any of its agents relating to this insurance. John S.Meek Company,Inc. Page 7 Commercial Marine Liability Policy No:Q0419 January 1,2006 r • • COMMERCIAL MARINE LIABILITY COVERAGE FORM SECTION 1 -BODILY INJURY AND PROPERTY DAMAGE LIABILITY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words"Assured"and"the Assured's"refer to the Named Assured shown in the Declarations,and any other person or organization qualifying as a Named Assured under this policy. The words "the Company" and "the Company's"refer to the company providing this insurance. The word"Assured"means any person or organization qualifying as such under SECTION 5-WHO IS AN ASSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION 8-DEFINITIONS. 1. INSURING AGREEMENT a. The Company will pay those sums that the Assured becomes legally obligated to pay as damages because of "bodily injury"or"property damage"to which this insurance applies.The Company will have the right and duty to defend the Assured against any"suit"seeking those damages.However,the Company will have no duty to defend the Assured against any"suit" seeking damages for"bodily injury" or"property damage" to which this insurance does not apply.The Company may,at the Company's discretion,investigate any"occurrence"and settle any claim or"suit"that may result.But: (1) The amount the Company will pay for damages is limited as described in SECTION 6 - LIMITS OF INSURANCE;and (2) The Company's right and duty to defend end when the Company has used up the applicable limit of insurance in the payment of judgments and/or settlements and/or expenses under Sections 1,2,3&4. No other obligation or liability to pay sums or perform acts or services is covered. 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"occurs during the policy period. c. Damages because of"bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the"bodily injury". 2. EXCLUSIONS This insurance does not apply to: a. Expected or Intended Iniury "Bodily injury' or "property damage" expected or intended from the standpoint of the Assured. This exclusion does not apply to"bodily injury"resulting from the use of reasonable force to protect persons or property. John S.Meek Company,Inc. Page 8 Commercial Marine Liability Policy No:Q0419 January 1,2006 0 • b. Contractual Liability "Bodily injury" or "property damage" for which the Assured is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages: (1) That the Assured would have in the absence of the contract or agreement;or (2) Assumed in a contract or agreement that is an"Insured contract",provided: (a) the"bodily injury"or"property damage"occurs subsequent to the execution of the contract or agreement; and (b) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "Insured contract";and (c) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury"or"property damage"for which any Assured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol;or (3) Any statute,ordinance,or regulation relating to the sale,gift,distribution,or use of alcoholic beverages. This exclusion applies only if the Assured is in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers Compensation and Similar Laws Any obligation of the Assured under a workers compensation,disability benefits or unemployment compensation law or any similar law. This exclusion shall also apply to any liabilities,duties,or obligations of the insured owed to a crewmember or seaman under General Maritime Law. e. Employer's Liability "Bodily injury"to: (1) An"employee"of the Assured arising out of and in the course of: (a) Employment by the Assured;or (b) Performing duties related to the conduct of the Assured's business;or (2) The spouse,child,parent,brother,sister,relative,dependent,or estate of that"employee"as a consequence of paragraph(1)above. This exclusion applies: (1) Whether the Assured may be liable as an employer or in any other capacity;and John S.Meek Company,Inc. Page 9 Commercial Marine Liability Policy No:Q0419 January 1,2006 r • (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. f. Aircraft.Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance,use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned or chartered to any Assured. Use includes operation and"loading or unloading". This exclusion does not apply to: (1) Such watercraft while ashore on premises the Assured owns or rents; (2) Such watercraft Assured does not own that is: (a)Less than 26 feet long;and (b)Not being used to carry persons or property for a charge; (3) Parking an"auto"on,or on the ways next to,premises the Assured owns or rents,provided the"auto"is not owned by or rented or loaned to the Assured; (4) "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". g. Mobile Eauloment "Bodily injury"or"property damage"arising out of: (1) The transportation of"mobile equipment"by an"auto"owned or operated by or rented or loaned to any Assured; or (2) The use of"mobile equipment" in, or while in practice for,or while being prepared for, any prearranged racing, speed,demolition,or stunting activity. h. War "Bodily injury"or"property damage"due to war,whether or not declared,or any act or condition incident to war.War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. i. Damage to Property "Property damage"to: (1) Property the Assured owns,rents,or occupies; (2) Premises the Assured sells, gives away or abandons, if the "property damage" arises out of any part of those premises; (3) Property Ioaned to the Assured; (4) Personal property in the care,custody or control of the Assured; John S.Meek Company,Inc. Page 10 Commercial Marine Liability Policy No:Q0419 January 1,2006 • (5) That particular part of real property on which the Assured or any contractors or subcontractors working directly or indirectly on the Assured's behalf are performing operations, if the "property damage" arises out of those operations;or (6) That particular part of any property that must be restored,repaired or replaced because "the Assured's work"was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "the Assured's work" and were never occupied, rented or held for rental by the Assured. Paragraphs(3),(4),(5)and(6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph(6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". j. Damage to The Assured's Product "Property damage"to"the Assured's product"arising out of it or any part of it. k. Damage to The Assured's Work "Property damage"to"the Assured's work"arising out of it or any part of it and included in the"products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on the Assured's behalf by a subcontractor. 1. Damage to Impaired Property or Property Not Physically Injured "Property damage"to"impaired property"or property that has not been physically injured,arising out of: (1) A defect,deficiency,inadequacy or dangerous condition in"the Assured's product"or"the Assured's work":or (2) A delay or failure by the Assured or anyone acting on the Assured's 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 "the Assured's product"or"the Assured's work"after it has been put to its intended use. m. Recall of Products,Work or Impaired Property Damages claimed for any loss,cost or expense incurred by the Assured or others for the loss of use,withdrawal,recall, inspection,repair,replacement,adjustment,removal or disposal of: (1) "the Assured's product"; (2) "the Assured's work";or (3) "Impaired property"; if such product,work,or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect,deficiency,inadequacy or dangerous condition in it. John S.Meek Company,Inc. Page 11 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • • Exclusions c.through m.do not apply to damage by fire to premises while rented to the Assured or temporarily occupied by the Assured with permission of the owner. A separate sublimit of insurance applies to this SECTION 1 as described in SECTION 6-LIMITS OF INSURANCE. John S.Meek Company,Inc. Page 12 Commercial Marine Liability Policy No:Q0419 January 1,2006 • SECTION 2- PERSONAL AND ADVERTISING INJURY LIABILITY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words"Assured"and"the Assured's"refer to the Named Assured shown in the Declarations,and any other person or organization qualifying as a Named Assured under this policy. The words "the Company" and "the Company's"refer to the company providing this insurance. The word"Assured"means any person or organization qualifying as such under SECTION 5-WHO IS AN ASSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION 8-DEFINITIONS. I. INSURING AGREEMENT a. The Company will pay those sums that the Assured becomes legally obligated to pay as damages because of "personal injury"or"advertising injury"to which this insurance applies.The Company will have the right and duty to defend the Assured against any "suit" seeking those damages. However, the Company will have no duty to defend the Assured against any "suit" seeking damages for"personal injury" or"advertising injury"to which this insurance does not apply.The Company may,at the Company's discretion,investigate any"occurrence"or offense and settle any claim or"suit"that may result.But: (1) The amount the Company will pay for damages is limited as described in SECTION 6 - LIMITS OF INSURANCE;and (2) The Company's right and duty to defend end when the Company has used up the applicable limit of insurance in the payment of judgments and/or settlements and/or expenses under Sections 1,2,3&4. No other obligation or liability to pay sums or perform acts or services is covered. b. This insurance applies to: Al) "Personal injury" caused by an offense arising out of the Assured's business, excluding advertising, publishing,broadcasting or telecasting done by or for the Assured; (2)"Advertising injury" caused by an offense committed in the course of advertising the Assured's goods, products or services; but only if the offense was committed in the "coverage territory" during the policy period. 2. EXCLUSIONS This insurance does not apply to: a. "Personal injury"or"advertising injury": (1) Caused by or at the direction of the Assured with the knowledge that the act would violate the rights of another and would inflict"Personal injury"or"advertising injury"; (2) Arising out of oral or written publication of material, if done by or at the direction of the Assured with knowledge of its falsity; (3) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; John S.Meek Company,Inc. Page 13 Commercial Marine LiabilityA Policy No:Q0419 January 1,2006 t . . II III (4) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the Assured; (5) For which the Assured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the Assured would have in the absence of the contract or agreement;or b. "Advertising injury"arising out of (1) Breach of contract,other than misappropriation of advertising ideas under an implied contract; (2) The failure of goods,products or services to conform with advertised quality or performance; (3) The wrong description of the price of goods,products or services;or (4) An offense committed by an Assured whose business is advertising,broadcasting,publishing or telecasting. John S.Meek Company,Inc. Page 14 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • SECTION 3- MEDICAL PAYMENTS Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words"Assured"and"the Assured's"refer to the Named Assured shown in the Declarations,and any other person or organization qualifying as a Named Assured under this policy. The words "the Company" and "the Company's"refer to the company providing this insurance. The word"Assured"means any person or organization qualifying as such under SECTION 5 -WHO IS AN ASSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION 8-DEFINITIONS. 1. INSURING AGREEMENT a. The Company will pay medical expenses as described below for"bodily injury"caused by an accident: (1) On premises the Assured owns or rents; (2) On ways next to premises the Assured owns or rents;or (3) Because of the Assured's operations; provided that: (1) The accident takes place in the"coverage territory"and during the policy period; (2) The expenses are incurred and reported to the Company within one year of the date of the accident;and (3) The injured person submits to examination,at the Company's expense,by physicians of the Company's choice as often as the Company reasonably require. b. The Company will make these payments regardless of fault.These payments will not exceed the applicable limit of insurance.The Company will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical,surgical,x-ray and dental services,including prosthetic devices;and (3) Necessary ambulance,hospital,professional nursing and funeral services. 2. EXCLUSIONS The Company will not pay expenses for"bodily injury": a. To any Assured. b. To a person hired to do work for or on behalf of any Assured or a tenant of any Assured. c. To a person injured on that part of premises the Assured owns or rents that the person normally occupies. d. To a person,whether or not an"employee" of any Assured,if benefits for the "bodily injury"are payable or must be provided under a workers compensation or disability benefits law or a similar law. John S.Meek Company,Inc. Page 15 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • e. To a person injured while taking part in athletics. f. Included within the"products-completed operations hazard". g. Excluded under SECTION 1. h Due to war,whether or not declared,or any act or condition incident to war.War includes civil war,insurrection, rebellion or revolution. John S.Meek Company,Inc. Page 16 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • • SECTION 4-SUPPLEMENTARY PAYMENTS SECTIONS 1 AND 2 The Company will pay,with.respect to any claim the Company investigates or settles, or any"suit"against an Assured the Company defends: 1. All expenses the Company incurs,including but not limited to"defense costs". 2. Up to$250 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.The Company does not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. The Company does not have to furnish these bonds. 4. All reasonable expenses incurred by the Assured at the Company's request to assist the Company 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 Assured in the"suit". 6. Prejudgment interest awarded against the Assured on that part of the judgment the Company pay. If the Company makes an offer to pay the applicable Iimit of insurance,the Company 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 the Company has paid,offered to pay,or deposited in court the part of the judgment that is within the applicable limit of insurance. If the Company defends an Assured against a"suit"and an indemnitee of the Assured is also named as a party to the"suit", the Company will defend that indemnitee if all of the following conditions are met: a. The"suit"against the indemnitee seeks damages for which the Assured has assumed the liability of the indemnitee in a contract or agreement that is an"insured contract"; b. This insurance applies to such liability assumed by the Assured; c. The obligation to defend, or the cost of the defense of,that indemnitee, has also been assumed by the Assured in the same"insured contract"; d. The allegations in the "suit" and the information the Company know about the "occurrence" are such that no conflict appears to exist between the interests of the Assured and the interests of the indemnitee; e. The indemnitee and the Assured ask the Company to conduct and control the defense of that indemnitee against such"suit"and agree that the Company can assign the same counsel to defend the Assured and the indemnitee;and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with the Company in the investigation,settlement or defense of the"suit"; (b) Immediately send the Company copies of any demands, notices, summonses or legal papers received in connection with the"suit"; (c) Notify any other insurer whose coverage is available to the indemnitee;and John S.Meek Company,Inc. Page 17 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • (d) Cooperate with the Company with respect to coordinating other applicable insurance available to the indemnitee;and (2) Provides the Company with written authorization to: (a) Obtain records and other information related to the"suit";and (b) Conduct and control the defense of the indemnitee in such"suit". So long as the above conditions are met, attorneys fees incurred by the Company in the defense of that indemnitee, necessary litigation expenses incurred by the Company and necessary litigation expenses incurred by the indemnitee at the Company's request will be paid as Supplementary Payments. The Company's right and duty to defend end when the Company has used up the applicable limit of insurance in the payment of judgments and/or settlements and/or expenses under Sections 1,2,3&4. No other obligation or liability to pay sums or perform acts or services is covered. • John S.Meek Company,Inc. Page 18 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • SECTION 5-WHO IS AN ASSURED 1. if the Named Assured is: a. An individual,then the individual and the individual's spouse are Assureds,but only with respect to the conduct of a business of which Assured is the sole owner. b. A partnership or joint venture, then the partnership or joint venture is an Assured. The Assured's members, the Assured's partners, and their spouses are also Assureds, but only with respect to the conduct of the Assured's business. c. A limited liability company, then the limited liability company is an Assured. The Assured's members are also Assureds, but only with respect to the conduct of the Assured's business. The Assured's managers are Assureds, • but only with respect to their duties as the Assured's managers. d. An organization other than a partnership,joint venture or limited liability company, then the organization Is an Assured.The Assured's"executive officers"and directors are Assureds,but only with respect to their duties as the Assured's officers or directors. The Assured's stockholders are also Assureds, but only with respect to their liability as stockholders. 2. Each of the following is also an Assured: a. The Assured's"employees",other than either the Assured's"executive officers"(if the Assured is an organization other than a partnership,joint venture or limited liability company)or the Assured's managers(if the Assured is a limited liability company), but only for acts within the scope of their employment by the Assured or while performing duties related to the conduct of the Assured's business. However, none of these "employees" is an Assured for: (1) "Bodily injury"or"personal injury": (a) To the Assured,to the Assured's partners or members(if the Assured is a partnership or joint venture),to the Assured's members (if the Assured is a limited liability company), or to a"co-employee" while that co-"employee"is either in the course of his or her employment or performing duties related to the conduct of the Assured's 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, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by the Assured, any of the Assured's "employees", any partner or member(if the Assured is a partnership or joint venture),or any member(if the Assured is a limited liability company). b. Any person(other than the Assured's "employee"), or any organization while acting as the Assured's real estate manager. John S.Meek Company,Inc. Page 19 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • c. Any person or organization having proper temporary custody of the Assured's property if the Assured dies, but only: (1) With respect to liability arising out of the maintenance or use of that property;and (2) Until the Assured's legal representative has been appointed. d. The Assured's legal representative if Assured die,but only with respect to duties as such.That representative will have all the Assured's rights and duties under this Coverage Part. 3. With respect to "mobile equipment" registered in the Assured's name under any motor vehicle registration law,any person is an Assured while driving such equipment along a public highway with the Assured's permission.Any other person or organization responsible for the conduct of such person is also an Assured,but only with respect to liability arising out of the operation of the 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 Assured 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 the Assured or the employer of any person who is an Assured under this provision. 4. Any organization the Assured newly acquires or forms, other than a partnership, joint venture or limited liability company, and over which the Assured maintains ownership or majority interest, will qualify as a Named Assured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after the Assured acquires or forms the organization or the end of the policy period,whichever is earlier; b. SECTION 1 does not apply to"bodily injury"or"property damage" that occurred before the Assured acquired or formed the organization:and c. SECTION 2 does not apply to"personal injury"or"advertising injury" arising out of an offense committed before the Assured acquired or formed the organization. No person or organization is an Assured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Assured in the Declarations. John S.Meek Company,Inc. Page 20 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • • SECTION 6-LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most the Company will pay regardless of the number of: a. Assureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". 2. The General Aggregate Limit is the most the Company will pay for the sum of: a. Medical expenses under SECTION 3; b. Damages under SECTION 1, except damages because of"bodily injury" or "property damage" included in the "products-completed operations hazard";and c. Damages under SECTION 2. d. Amounts recoverable under SECTION 4. 3. The Products-Completed Operations Aggregate Limit is the most the Company will pay under SECTIONS 1 and 4 for damages because of"bodily injury"and"property damage"included in the products-completed operations hazard". 4. Subject to 2. above,the Personal and Advertising Injury Limit is the most the Company will pay under SECTIONS 2 and 4 for the sum of all damages because of all "personal injury" and all "advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3.above,whichever applies,the Each Occurrence Limit is the most the Company will pay for the sum of: a. Damages under SECTIONS 1 and 2; b. Medical expenses under SECTION 3; c. Amounts recoverable under SECTION 4. because of all"bodily injury"and"property damage"arising out of any one"occurrence". 6. Subject to 5.above,the Fire Damage Limit is the most the Company will pay under SECTION 1 for damages because of"property damage"to premises,while rented to Assured or temporarily occupied by Assured with permission of the owner,arising out of any one fire. 7. Subject to 5. above,the Medical Expense Limit is the most the Company will pay under SECTION 3 for all medical expenses because of"bodily injury"sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months,starting with the beginning of the policy period shown in the Declarations,unless the policy period is extended after issuance for an additional period of less than 12 months. In that case,the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. John S.Meek Company,Inc. Page 21 Commercial Marine Liability Policy No:Q0419 January 1,2006 SECTION 7—COMMERCIAL MARINE LIABILITY GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the Assured or of the Assured's estate will not relieve the Company of its obligations under this policy. 2. Duties In The Event Of Occurrence,Offense.Claim Or Suit a. Assured must see to it that the Company is notified as soon as practicable of an"occurrence"or an offense which may result in a claim.To the extent possible,notice should include: (1) How,when,and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. b. If a claim is made or"suit"is brought against any Assured,the Assured must: (1) Immediately record the specifics of the claim or"suit"and the date received;and (2) Notify the Company as soon as practicable. Assured must see to it that the Company receives written notice of the claim or"suit"as soon as practicable. c. Assured and any other involved Assured must: (1) Take such steps to minimize and avoid liability,before and after any casualty or occurrence,as would be taken by a prudent uninsured person; (2) Immediately send the Company copies of any demands, notices, summonses or legal papers received in connection with the claim or"suit"; (3) Authorize the Company to obtain records and other information; (4) Cooperate with the Company in the investigation or settlement of the claim or defense against the"suit";and (5) Assist the Company, upon the Company's request, in the enforcement of any right against any person or organization,which may be liable to the Assured because of injury or damage to which this insurance may also apply. d. No Assured will,except at that Assured's own cost,voluntarily make a payment,assume any obligation,make any admission of liability,or incur any expense,other than for first aid,without the Company's consent. e. The Company shall have the option of naming the attorneys who shall represent the Assured in the prosecution or defense of any litigation or negotiations between the Assured and third parties concerning any claim covered by this Policy,and in any event,the Company shall direct the progress of such litigation or negotiations. f. If the Assured shall fail,or refuse,to settle any claim as authorized by the Company, the liability of the Company shall be limited to the amount for which settlement could have been made plus legal fees and disbursements incurred(subject to SECTION 6 of this policy)to the date the Assured fails or refuses to settle any such claim,less the amount of any deductible provided for in this Policy. If thereafter any amount is recovered against the Assured John S.Meek Company,Inc. Page 22 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • • in excess of the amount of any settlement authorized by the Company (less the deductible), such excess amount, plus any additional legal fees and disbursements,shall be solely for account of the Assured. 3. Notice Of Occurrence Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered hereunder involved injuries or damages Which in the event that the Assured should be held liable, is likely to involve this Policy,notice shall be sent to: A.I.MARINE ADJUSTERS,INC., TWO RINCON CENTER 121 SPEAR STREET,SAN FRANCISCO,CA 94105 as soon as practicable,provided,however,that failure to notify the above firm of any occurrence which at the time of its happening did not appear to involve this Policy, but which, at a later date, would appear to give rise to claims hereunder,shall not prejudice such claims. 4. Legal Action Against The Company No person or organization has a right under this policy. a. To join the Company as a party or otherwise bring the Company into a"suit"asking for damages from an Assured; or b. To sue the Company on this policy unless all of its terms have been fully complied with. A person or organization may sue the Company to recover on an agreed settlement or on a final judgment against an Assured obtained after an actual trial; but the Company will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance.An agreed settlement means a settlement and release of liability signed by the Company,the Assured and the claimant or the claimant's legal representative. 5. Other Insurance If other valid and collectible insurance with any other insurer is available to the Assured covering a loss also covered by this policy, other than insurance that is excess of the insurance afforded by this policy,the Insurance afforded by this policy shall be in excess of and shall not contribute with such other insurance,either as double insurance or otherwise. Nothing herein shall be construed to make this policy subject to the terms and conditions and limitations of other insurance. 6. premium Audit a. The Company will compute all premiums for this policy in accordance with the Company's rules and rates. b. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period the Company will compute the earned premium for that period. Audit premiums are due and payable on notice to the fast Named Assured c. The first Named Assured must keep records of the information the Company needs for premium computation,and send the Company copies at such time as the Company may request. 7. Representations By accepting this policy,the Assured agrees: John S.Meek Company,Inc. Page 23 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • • a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations the Assured made to the Company;and c. The Company has issued this policy in reliance upon the Assured's representations. 8. Separation Of Assureds Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this Coverage Part to the rust Named Assured,this insurance applies: a. As if each Named Assured were the only Named Assured;and b. Separately to each Assured against whom claim is made or"suit"is brought. 9. Inclusion of Additional Assureds or Loss Pavees Wherever additional assureds or loss payees are added to this policy it is specifically agreed: a) Such additional assureds or loss payees are included only with respect to such activities insured by this policy as would exist in the absence of the naming of additional assureds or loss payees and coverage hereunder shall in no way be considered extended by the inclusion of additional assureds or loss payees. b) The inclusion of additional assureds or loss payees in no way increases the limit of liability hereunder. c) In the event of cancellation or change in policy coverage unless specifically endorsed in writing to the contrary hereon, no obligation is imposed on the Company to send notice of cancellation or change of coverage to an additional assured or loss payee and notice to the First Named Assured shall discharge all obligations of the Company hereunder. The Company shall not be required to notify additional named assureds or loss payees of any cancellation received from the First Named Assured hereon. 10. Subro ation If the Assured has rights to recover all or part of any payment the Company has made under this policy,those rights are transferred to the Company. The Assured must do nothing after loss to impair such rights. At the Company's request, the Assured will bring"suit"or transfer those rights to the Company and assist the Company in the enforcement of such tights. 11. Assignment Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon;if,however, the Assured shall die, such insurance as is afforded by this policy shall apply(1)to the Assured's legal representative, as the Assured,but only while acting within the scope of his duties as such, and(2)with respect to the property of the Assured, to the person having proper temporary custody thereof, as Assured, but only until the appointment and qualification of the legal representative. 12. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or stop the Company for asserting any right under the terms of this policy;nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. John S.Meek Company,Inc. Page 24 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • SECTION 8-DEFINITIONS 1. "Advertising injury"means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods,products or services; b. Oral or written publication of material that violates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business;or d. Infringement of copyright,title,trade dress or slogan in the Assured's advertising. 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment.But"auto"does not include"mobile equipment". 3. "Bodily injury"means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory"means: a. The United States of America(including its territories and possessions),Puerto Rico and Canada; b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a.above;or c. All parts of the world if: (1) The injury or damage arises out of: (a) Goods or products made or sold by the Assured in the territory described in a.above;or (b) The activities of a person whose home is in the territory described in a.above,but is away for a short time on the Assured's business;and (2) The Assured's responsibility to pay damages is determined in a"suit" on the merits, in the territory described in a.above or in a settlement the Company agrees to. 5. "Defense costs" means the legal and investigative costs, fees, and expenses, including attorneys' fees, which are incurred in the process of handling a claim presented under this policy. Defense costs do not include salaries and expenses of the Company's employees, other than employed attorneys, or salaries and expenses of the Assured's "employees". 6. "Employee"includes a"leased worker'."Employee"does not include a"temporary worker". 7. "Executive officer"means a person holding any of the officer positions created by the Assured's charter,constitution, by-laws or any other similar governing document. 8. "Gross Receipts" means the gross amount of money charged by the Named Assured for"The Assured's Product"and "The Assured's Work"during the Policy Period,and includes: a) taxes,other than taxes which the Named Assured collects as a separate item and remits directly to a governmental division. b) cost of subcontractor(s) John S.Meek Company,Inc. Page 25 Commercial Marine Liability Policy No:Q0419 January 1,2006 i • • 9. "Impaired property"means tangible property, other than"the Assured's product"or"the Assured's work",that cannot be used or is less useful because: a. It incorporates"the Assured's product"or"the Assured's work"that is known or thought to be defective,deficient, inadequate or dangerous;or b. The Assured has failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair,replacement.adjustment or removal of"the Assured's product"or"the Assured's work";or b. The Assured's fulfilling the terms of the contract or agreement. 10. "Insured contract"means: a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to Assured or temporarily occupied by Assured with permission of the owner is not an"Insured contract"; b. A sidetrack agreement; c. Any easement or license agreement,except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Assured's business(including an indemnification of a municipality in connection with work performed for a municipality)under which Assured assumes the tort liability of another party to pay for"bodily injury" or"property damage"to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies a railroad for"bodily injury"or"property damage"arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds,tunnel,underpass or crossing; (2) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,surveys, field orders,change orders or drawings and specifications:or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;or (3) Under which the Assured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the Assured's rendering or failure to render professional services, including those listed in(2) above and supervisory,inspection,architectural or engineering activities. John S.Meek Company,Inc. Page 26 Commercial Marine Liability Policy No:Q0419 January 1,2006 • 11. "Leased worker"means a person leased to the Assured by a labor leasing firm under an agreement between the Assured and the labor leasing firm,to perform duties related to the conduct of the Assured's business."Leased worker"does not include a"temporary worker". 12. "Loading or unloading"means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft,watercraft or"auto"; b. While it is in or on an aircraft,watercraft or"auto";or c. While it is being moved from an aircraft,watercraft or"auto"to the place where it is fmally delivered; but"loading or unloading"does not include the movement of property by means of a mechanical device,other than a hand truck,that is not attached to the aircraft,watercraft or"auto". 13. "Mobile equipment"means any of the following types of land vehicles,including any attached machinery or equipment: a. Bulldozers,farm machinery,forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained.for use solely on or next to premises the Assured owns or rents; c. Vehicles that travel on crawler treads; d. Vehicles,whether self-propelled or not,maintained primarily to provide mobility to permanently mounted: (1) Power cranes,shovels,loaders,diggers or drills;or (2) Road construction or resurfacing equipment such as graders,scrapers or rollers; e. Vehicles not described in a.,b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration,lighting and well servicing equipment;or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not 'mobile equipment"but will be considered"autos': (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance,but not construction or resurfacing;or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and John S.Meek Company,Inc. Page 27 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • • (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration,lighting and well servicing equipment. 14. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. In the event of continuing or progressively deteriorating damage over any length of time,such damage shall be deemed to be one occurrence,and shall be deemed to occur only when such damage first commences. 15. "Payroll" means the total remuneration paid to each employee for services rendered during the policy period excluding executive officers engaged primarily in clerical operations and excluding extra wages paid for overtime. 16. "Personal injury"means injury,other than"bodily injury",arising out of one or more of the following offenses: a. False arrest,detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room,dwelling or premises that a person occupies by or on behalf of its owner,landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods,products or services;or e. Oral or written publication of material that violates a person's right of privacy. 17. "Products-completed operations hazard": a. Includes all "bodily injury" and"property damage" occurring away from premises the Assured owns or rents and arising out of"the Assured's product"or"the Assured's work"except: (1) Products that are still in the Assured's physical possession;or (2) Work that has not yet been completed or abandoned. However, "the Assured's work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in the Assured's contract has been completed. (b) When all of the work to be done at the job site has been completed if the Assured's contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service,maintenance,correction,repair or replacement,but which is otherwise complete,will be treated as completed. b. Does not include"bodily injury"or"property damage"arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by the Assured, and that condition was created by the "loading or unloading" of that vehicle by any Assured; (2) The existence of tools,uninstalled equipment or abandoned or unused materials;or John S.Meek Company,Inc. Page 28 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • (3) Products or operations for which the classification,listed in the Declarations or in a policy schedule,states that products-completed operations are subject to the General Aggregate Limit. 18. "Property damage"means: a. Physical injury to tangible property,including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it. Tangible Property shall not mean computerized or electronically stored data or software. 19. "Short-rate return premium"shall be defined to mean the amount obtained by multiplying the pro rata return premium times 90%. 20. "Suit"means a civil proceeding in which damages because of"bodily injury", "property damage","personal injury"or "advertising injury'to which this insurance applies are alleged."Suit"includes: a. An arbitration proceeding in which such damages are claimed and to which the Assured must submit or does submit with the Company's consent;or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Assured submits with the Company's consent. 21. "Temporary worker"means a person who is furnished to the Assured to substitute for a permanent"employee"on leave or to meet seasonal or short-term workload conditions. 22. "The Assured's product"means: a. Any goods or products,other than real property,manufactured,sold,handled,distributed or disposed of by: (1) The Assured; (2) Others trading under the Assured's name;or (3) A person or organization whose business or assets the Assured has acquired;and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "the Assured's product"includes: (1) warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"the Assured's product";and (2) The providing of or failure to provide warnings or instructions. "the Assured's product" does not include vending machines or other property rented to or located for the use of others but not sold. 23. "The Assured's work"means: John S.Meek Company,Inc. Page 29 Commercial Marine Liability Policy No:Q0419 January 1,2006 r . a. Work or operations performed by the Assured or on the Assured's behalf;and b. Materials,pads or equipment furnished in connection with such work or operations. "the Assured's work"includes: a. Warranties or representations made at any time with respect to the fitness, quality,durability, performance or use of"the Assured's work";and b. The providing of or failure to provide warnings or instructions. John S.Meek Company,Inc. Page 30 Commercial Marine Liability Policy No:Q0419 January 1,2006 • i • • ENDORSEMENT NO.: 1 EFFECTIVE: 12:01, A.M., PST,JANUARY 1,2006 . ATTACHED TO AND FORMING PART OF POLICY NO.: 00419 . OF THE: AMERICAN HOME ASSURANCE COMPANY. ISSUED TO: JOHN S.MEEK COMPANY,INC.. SHIP REPAIRERS LIABILITY COVERAGE ENDORSEMENT Effective :j i;i+t n a'"00, and in consideration of an Additional Premium of $ (Per:Premium atii'.Rentirtine'Clatise III.De¢larailoiis Sectiod) 1,it is agreed that exclusions f.and i. (4)of the Comprehensive Marine Liability form(Section 1 —"Bodily Injury and Property Damage Liability")are deleted with respect to non-owned vessels only and the following are substituted therefor: 1. Subject to the limits of liability,exclusions,conditions and other terms of the Policy,this Company agrees to pay on behalf of the Assured all sums which the Assured,as Ship Repairer,shall become legally obligated to pay: A. By reason of the liabilities imposed upon the Assured by law for physical loss of or damage to watercraft and their equipment,cargo,or other interest on board,occurring only while such watercraft are in the care,custody or control of the Assured for the purpose of repair or alteration at (1)1931 N.Gaffey Street,San Pedro,CA 90731;123 22700 N.Alameda Street,CA or while such watercraft are being moved via inland waters for a distance not in excess of 5 miles in connection with repairs or alteration; B. By reason of the liabilities imposed upon the Assured by law as damages because of property damage caused by a watercraft covered under "A" above while in the care, custody, or control of the Assured and being navigated or operated away from premises described in"A"above within permitted waters by an employee or employees of the Assured or in tow of a tug not owned by or demise chartered to the Assured. It is a condition of this Clause 1B that any employee of the Assured engaged in the navigation of watercraft described herein shall possess such license as is required by the United States Coast Guard or any other applicable regulatory authority to perform the duties being carried out by said employee; C. For the cost of defending any suit against the Assured on any claim based on a liability or an alleged liability of the Assured covered by this insurance if the amount of the claim hereunder exceeds the amount deductible under this Policy,but this Company shall not be liable for the cost or expense of prosecuting or defending any suit unless the same shall have been incurred with the written consent of this Company. This Company, however, reserves the right to conduct the defense of any actions or suits at its own expense. The cost and expense of prosecuting any claim in which the Assured shall have an interest by subrogation or otherwise, shall be divided between the Assured and this Company,proportionately to the amounts which they would be entitled to receive,respectively,if the suit should be successful. 2. The maximum liability of this Company on account of any one occurrence shall be: A. $ (PER DECLARATIONS.CLAUSE I) with respect to each watercraft including its equipment,cargo,and other interest on board covered by Clause 1 A; B. $ (PER DECLARATIONS.CLAUSE I) any one occurrence with respect to liability covered by Clause 1B; C. The legal cost,fees and expenses covered by Clause 1C. The maximum aggregate liability of this Company on account of any one occurrence with respect to the coverage afforded under Sections 1 A,B and C above shall be$ (PER DECLARATIONS.CLAUSE I) . 3. NOTWITHSTANDING TILE FOREGOING, it is hereby expressly understood and agreed that this Policy does not cover against nor shall any liability attach hereunder for: John S.Meek Company,Inc. Page 31 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • • A. The first $ (PER DECLARATIONS. CLAUSE III of any claim or claims, including legal fees and expenses,arising out of the same occurrence and Assured against hereunder; B. Loss, damage or expense arising in connection with work on any vessel which has carried flammable or combustible liquid in bulk as fuel or cargo or any vessel which has carried flammable compressed gas in bulk, unless such work is done in accordance with the requirements of the rules and regulations of the National Fire Protection Association applicable to such work; C. Demurrage,loss of time,loss of freight,loss of charter and/or similar and/or substituted expenses; D. Loss, damage or expense which may be recoverable under any other insurance inuring to the benefit of the Assured except as to any excess over and above the amount recoverable thereunder; E. Collision liability, tower's liability or liabilities Assured against under the customary forms of hull or protection and indemnity policies arising out of the operation of any watercraft owned by,or demise chartered to,the Assured or any affiliated or subsidiary concern or party; F. Loss of or damage to property owned, leased to, or in the possession of the Assured(other than watercraft which are in the custody of the Assured for the purpose of repair or alteration)or utilized by the Assured in its business as a ship repairer; G. Loss of or damage to watercraft placed in the care, custody, or control of the Assured for the purpose of storage regardless of whether any work is also to be performed on the watercraft;provided that this exclusion shall not apply to any physical loss or damage to the watercraft(otherwise covered under this Policy)resulting directly from repairs or alterations to said watercraft carried out during such storage period; H. The expense of redoing the work improperly performed by or on behalf of the Assured or the cost of replacement of materials,parts or equipment furnished in connection therewith; I. The cost or expense of repairing,replacing or renewing any faultily designed part or parts which cause(s)loss of or damage to the watercraft, or for any expenditure incurred by reason of a betterment or alteration in design; J. The firing or testing of any weapon of war on the watercraft; ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. • 7--144:44/144.-. AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 32 Commercial Marine Liability Policy No:Q0419 January 1,2006 ENDORSEMENT NO.: 2 EFFECTIVE: 12:01 A.M., PST, JANUARY 1,2006 . ATTACHED TO AND FORMING PART OF POLICY NO.: 00419. OF THE: AMERICAN HOME ASSURANCE COMPANY. ISSUED TO: JOHN S.MEEK COMPANY,INC. . SEEPAGE AND POLLUTION BUY-BACK(ON-LAND1(72 HOUR/30 DAYSI The Seepage and Pollution Exclusions contained in this policy shall not apply provided that the Insured establishes that all of the following conditions have been met:- (A) The occurrences and resulting damage could not have been reasonably anticipated or foreseen through the exercise of reasonable prudence. (B) The occurrence and resulting damage was caused by some intervening event (C) The occurrence and resulting damage can be identified as first commencing at a specific time and date during the term of this policy. (D) The occurrence and resulting damage became known to the Insured within 72 hours after its commencement and • was reported in writing to Underwriters within 90 days thereafter. (E) The occurrence and resulting damage did not result from the violation of any Government statute, rule or regulation. Nothing contained in this endorsement shall operate to provide any coverage hereon with respect to:- (1) Removal of,loss of or damage to sub-surface oil,gas or any other substance. (2) Fines, penalties,punitive damages, exemplary damages,treble damages or any other damages resulting from the multiplication of compensatory damages. (3) Any site or location used in whole or in part for the handling,processing, treatment,storage,disposal or dumping of any waste materials or substances. (4) The cost of evaluation and/or monitoring and/or controlling seepage and/or contaminating substances. (5) The cost of removing and/or nullifying and/or cleaning up seepage and/or polluting and/or contaminating substances on property at any time owned and/or leased and/or rented by the Insured and/or under the control of the Insured. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 33 Commercial Marine Liability Policy No:Q0419 January 1,2006 I • • • ENDORSEMENT NO.: 3 EFFECTIVE: 12:01,A.M.,PST.JANUARY 1.2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00419. OF THE: AMERICAN HOME ASSURANCE COMPANY ISSUED TO: JOHN S.MEEK COMPANY,INC.. ACTION OVER/INDEMNITY BUYBACK`OCCURRENCE'—1/10/86 In consideration of the premium charged hereunder, it is understood and agreed that this policy, subject to all its terms, conditions, warranties, and limit of liability, is endorsed to indemnity the Assured for amounts for which it shall have become liable to pay and shall have paid on account of investigation,defense and indemnity as respects it responsibilities,if any,to third parties by virtue of defense and indemnity obligations assumed under written contract or agreement and arising from accidental death of or bodily or personal injury to or illness of any employee(s)of the Assured,except insofar as same may arise from occupational disease. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 34 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • ENDORSEMENT NO.: 4 EFFECTIVE: 12:01, A.M.,PST, JANUARY 1,2006 . ATTACHED TO AND FORMING PART OF POLICY NO.: 00419 . OF THE: AMERICAN HOME ASSURANCE COMPANY. ISSUED TO: JOHN S.MEEK COMPANY,INC.. SUBCONTRACTOR(S)CERTIFICATE WARRANTY In consideration of the premium charged,it is hereby warranted and the Named Insured agrees that in the event the Named Insured hires any subcontractor, the Named Insured will obtain a Certificate of Insurance from each sub-contractor evidencing valid and collectible Comprehensive General Liability Insurance in an amount of not less than$1,000,000 any one occurrence subject to aggregate limits only where customary, and that the Named Insured will be added as an Additional Insured under said insurance,as their interest may appear. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED SIG ATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 35 Commercial Marine Liability Policy No:Q0419 January 1,2006 a • • • • • ENDORSEMENT NO.: 5 EFFECTIVE: 12:01,A.M.,PST,JANUARY 1.2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00419. OF THE: AMERICAN HOME ASSURANCE COMPANY ISSUED TO: JOHN S.MEEK COMPANY.INC.. TRAVELING WORKMEN ENDORSEMENT It is hereby understood and agreed that the cover provided by this insurance shall be extended whenever any persons employed by or on behalf of the Assured are on board the vessel and/or drilling rig at sea or in any port for the purpose of effecting repairs and/or work entrusted to the Assured,notwithstanding that such persons may be signed on as members of the vessel's crew. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 36 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • ENDORSEMENT NO.: 6 EFFECTIVE: 12:01,A.M.,PST,JANUARY 1,2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00419. OF THE: AMERICAN HOME ASSURANCE COMPANY ISSUED TO: JOHN S.MEEK COMPANY.INC.. WAIVER OF SUBROGATION ENDORSEMENT It is agreed that the Underwriters waive their rights of subrogation against any person or organizations to whom the Assured is obligated by written contract to provide such waiver,but only to the extent of such obligation and only with respect to operations by or on behalf of the Assured or to the facilities of or used by Assured. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. • • AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 37 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • ENDORSEMENT NO.: 7 EFFECTIVE: 12:01,A.M.,PST,JANUARY 1.2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00419. OF THE: AMERICAN HOME ASSURANCE COMPANY ISSUED TO: JOHN S.MEEK COMPANY.INC.. CONTRACTUAL INDEMNITY EXCLUSION FOR EMPLOYEE DIVERS It consideration of the premium charged,it is understood and agreed that the exception to the exclusion under Exclusion(e), page 9 of the Policy for liability assumed by the Assured under an incidental contract does not apply to bodily injury to any employee of the Assured arising out of diving operations or to any obligation of the Assured to indemnity another because of damages arising out of such injury. • ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. ArAg AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 38 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • ENDORSEMENT NO.: 8 EFFECTIVE: 12:01,A.M.,PST,JANUARY 1,2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00419. OF THE: AMERICAN HOME ASSURANCE COMPANY ISSUED TO: JOHN S.MEEK COMPANY,INC.; INDEPENDENT AND/OR SUBCONTRACTOR WARRANTY It is warranted that the Named Insured will preserve all rights against any/all Independent and/or Subcontractors and the Named Insured shall require said Independent and / or Subcontractors to maintain, in full force and effect, liability insurance with limits at least equal to the limits of this policy,as well as Workmen's Compensation insurance. Independent and/or subcontractors shall require their underwriters to name the Named Insured herein as an Additional Insured and shall waive rights of subrogation against the Named Insured herein and its Principal. The Liability insurance coverage provided by the Independent or Subcontractor shall be endorsed to designate it to be primary to all other liability insurance issued in favor of the Named Insured herein and its Principal. For the purposes of this endorsement the"Principal"is defined as any party for whom the Named Insured is performing work. It shall further be a condition of the insurance provided by this endorsement that prior to any such Independent and/ or Subcontractor beginning work for the Named Insured, the Named Insured shall require the Independent and / or Subcontractor to provide proof of the insurance required by this endorsement. The Independent and/or Subcontractor shall also require their underwriters to provide the Named Insured with thirty(30)days written notice prior to cancellation or material change of this insurance. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. 4 AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 39 Commercial Marine Liability Policy No:Q0419 January 1,2006 ENDORSEMENT NO.: 9 EFFECTIVE: 12:01,A.M.,PST,JANUARY 1,2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00419. OF THE: AMERICAN HOME ASSURANCE COMPANY ISSUED TO:JOHN S.MEEK COMPANY.INC.. LIFT CAPACITY WARRANTY ENDORSEMENT It is hereby understood and agreed that the above captioned policy be warranted as follows: Rated lift capacities of all dry-docks,cranes,travel lifts,loaders,hoist and marine railways owned by or operated on behalf of the Named Insured shall not be exceeded. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 40 Commercial Marine Liability Policy No:Q0419 January 1,2006 w � • 1 ENDORSEMENT NO.: 10 EFFECTIVE: 12:01,A.M.,PST,JANUARY 1.2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00419. OF THE: AMERICAN HOME ASSURANCE COMPANY ISSUED TO: JOHN S.MEEK COMPANY,INC.. ADDITIONAL ASSURED(S1 ENDORSEMENT 1. The "Person Insured" Provision is amended to include as an Assured the person or organization named below (hereinafter called Additional Assured),but only with respect to liability arising out of: a. Operations performed for the Additional Assured by the Named Assured or b. acts or omissions of the Additional Assured in connection with the Additional Assured's general supervision of such operations. 2. Additional Exclusions: This Insurance does not apply: a. To Bodily Injury or Property Damage arising out of any act or omission of the Additional Assured or any of his employees, other than general supervision of work performed for the Additional Assured by the Named Insured. b. To Property Damage To: 1. Property owned or occupied by or rented to the Additional Assured. 2. Property used by the Additional Assured. 3. Property in the care,custody or control of the Additional Assured and/or property over which the Assured is for any purpose exercising physical control. Additional Assured: It is understood and agreed that where required by contract,bid or work order,additional assureds and/or waivers of subrogation are automatically included hereunder. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 41 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • ENDORSEMENT NO.: 11 EFFECTIVE: 12:01,A.M.,PST,JANUARY 1.2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00419. OF THE: AMERICAN HOME ASSURANCE COMPANY ISSUED TO: JOHN S.MEEK COMPANY.INC.. PRIMARY INSURANCE ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. It is hereby understood and agreed,effective inception,that this policy shall be considered primary to any similar insurance held by third parties in respect of work performed by you under written contractual agreement(s)with said third parties. The third party to whom this endorsement applies is: As required by written contract ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. Ar AUTHORIZED SIG ATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 42 Commercial Marine Liability Policy No:Q0419 January 1,2006 • . I ENDORSEMENT NO.: 12 EFFECTIVE: 12:01,A.M.,PST,JANUARY 1,2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00419. OF THE: AMERICAN HOME ASSURANCE COMPANY ISSUED TO: JOHN S.MEEK COMPANY,INC.. WARRANTIES ENDORSEMENT It is warranted that NIL coverage is afforded for diving activities of any kind whatsoever. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 43 Commercial Marine Liability Policy No:Q0419 January 1,2006 i • • ENDORSEMENT NO.: 13 EFFECTIVE: 12:01,A.M.,PST,JANUARY 1.2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00419. OF THE: AMERICAN HOME ASSURANCE COMPANY ISSUED TO: JOHN S.MEEK COMPANY.INC.. ENDORSEMENT NO.13 It is hereby understood and agreed that the Policy limit and deductible are inclusive of legal fees and expense. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. A r- 0 A , AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY John S.Meek Company,Inc. Page 44 Commercial Marine Liability Policy No:Q0419 January 1,2006 • • 0 f oll11 This endorsement No.:14•effective 12:01 A.M.111106 forms a part of Policy No.Q0419 Issued to John S.Meek Company.Inc.. by American Home Assurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. TERRORISM EXCLUSION This endorsement modifies Insurance provided under the following: This insurance does not apply to loss,injury,damage.claim or suit,arising directly or indirectly as a result of a certified'act of terrorism' defined by Section 102.Definitions.,of the Terrorism Risk Insurance Act of 2002 and any revisions or amendments. For purposes of this endorsement and in compliance with the Terrorism Risk Insurance Act of 2002,an"act of terrorism shall mean: (1) Act of Terrorism— (A) Certification.—The term'act of terrorism'means any act that is certified by the Secretary of the Treasury of the United States,In concurrence with the Secretary of State,and the Attorney General of the United States— (i) to be an act of terrorism; (ii) to be a violent actor an act that is dangerous to— (I) human life; (II) property,or (III) infrastructure; (iii) to have resulted in damage within the United States,or outside of the United States in the case of— (I) an air carrier or vessel described in paragraph(5)(B);[for the convenience of this endorsement,paragraph (5)(B)reads:occurs to an air carrier(as defined in Section 40102 of title 49,United States Code)to a United States flag vessel(or a vessel based principally in the United States,on which United States Income tax is paid and whose insurance coverage Is subject to regulation In the United States),regardless of where the loss occurs,or at the premises of any United States mission]; (II) the premises of a United States mission;and (iv) to have been committed by an Individual or individuals acting on behalf of any foreign person or foreign Interest,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. (B) Umitation.—No act shall be certified by the Secretary as an act of terrorism If— (i) the act Is committed as part of the course of a war declared by the Congress,except that this clause shall not apply with respect to any coverage for workers'compensation;or (i1) property and casualty insurance losses resulting from the act,in the aggregate,do not exceed$5,000,000. (C) Determinations Final. —Any certification of, or determination not to certify, an act as an act of terrorism under this paragraph shall be final,and shall not be subject to judicial review. (D) Nondelegatlon. — The Secretary may not delegate or designate to any other officer, employee, or person, any determination under this paragraph of whether,during the effective period of the Program,an act of terrorism has occurred. All other terms and conditions of the policy are the same1 , Authorized Representative or untersignature (where required by law) John S.Meek Company,Inc. Page 45 Commercial Marine Liability Policy No:Q0419 January 1,2006 • •• Renewal of Policy ti: 00420 Flat Annual Premium: S 18,845 • • . • M i • • • • • AMERICAN aA 1 HOME ASSURANCE COMPANY ORIGINAL THIS IS A TRUE AND EXACT Ce YYOoti yew YORK CAPITAL STOCK COMPANY FOUNDED ia;+ John S. 41 t.(C COvhpc,,r , (rt C. J 777 South Figueroa Street Policy No. Q D(411-0 o Los Angeles,California 90017 Signed _ ____-_--- RENEWAL CERTIFICATE Named Assured: John S.Meek Company,Inc. Amount of Insurance: $8,000,000 Eight Million and No Cents Dollars Policy Period From: 12:01 A.M., PST January I,2008 To: 12:01 A.M., PST January 1,2009 On: Bumbershoot Liabilities-As per Policy In consideration of the Flat Annual Premium of Eighteen Thousand Eight Hundred and Forty, Five Dollars and No Cents($18,845),it is agreed that the policy Q0420 designated above is renewed for the period stated,subject to the terms and conditions thereof,except as attached hereunder. Should the Policy contain duplicate or out of sequence Endorsement Numbers, it is hereby agreed that such Endorsement(s) shall apply as written, without change,just as if the correct number sequence had occurred and the duplication of Policy Endorsement Numbers had not occurred. PL ASE READ YOUR POLICY AND KEEP AeCERTIFIC WITH HE POLICY. D to C ntersigned Authorized Representative IN WITNESS WHEREOF,the Company has caused this Renewal Certificate to be executed below,but this Renewal Certificate shall not be valid unless countersigned by a duly authorized representative of the Company.4, 4 a Secretary President POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group. inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents,and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aianruduccrcomncnsation.com or by calling AIG at 1-800-706-3102. Producer Na me: AON.LA Brokers Commission: 15% AIG- Global Marine Page I of 2 � s • ATTACHED TO AND FORMING PART OF POLICY NO:00420 OF THE AMERICAN HOME ASSURANCE COMPANY EFFECTIVE: JANUARY 1,2008 ASSURED: JOHN S MEEK COMPANY,INC. RENEWAL CERTIFICATE Jr IS HEREBY AGREED THAT THE FOLLOWING SHALL BE MADE PART OF THIS POLICY,AS PER BELOW: SCHEDULE OF UNDERLYING INSURANCES COVERAGES CARRIER/POLICY NO EFFECTIVE AMOUNT OF INSURANCE DATE Comprehensive Marine American Home Assurance 1/1/2008— $1,000,000 Each Occurrence.CSL Liability/Ship Repairers Company 1/1/2009 $2,000,000 General Aggregate Legal Liability Policy No Q0419 $1,000,000 Personal&Advertising Injury $1,000,000 Products/Completed Ops $ 50,000 Fire Legal $ 5,000 Medical Expenses Auto Liability The Hartford Fire Insurance I/1/2008— $1,000,000 CSL Company 1/1/2009 Policy No 72UENIL4406 Protection&Indemnity American Home Assurance 1/1/2008— $1,000,000 Each Vessel each accident or Excluding Crew; Company 1/1/2009 occurrence Excluding Collision Policy No P0050 Liability Employers Liability National Union Fire 1/1/2008— $1,000,000 Each Occurrence Insurance Company of 1/1/2009 Pittsburgh,PA Policy No WC2953310 ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AIG• Global Marine Page 2 oft ' * • -- Renewal of Policy N. Q0420 Premium: $22,775.00, (Flat Annual) * * 4 " * • it • * * AMERiAiiithHOM.F; ... • ASSURANCE COMPANY NEW YORK, NEW YORK A CAPITAL STOCK COMPANY FOUNDED 1853 • A1G GLOBAL MARINE AND ENERGY 777 SOUTH FIGUEROA STREET,LOS ANGELES,CA 90017 RENEWAL CERTIFICATE Named Assured: John S.Meek Company,Inc. Amount of Insurance: $8,000,000 Eight Million and 00/100 Dollars Policy Period From: 12:01 A.M., EST January 1,2007 To: 12:01 A.M., EST January 1,2008 On: -As per Policy Commission—15% In consideration of the payment of premium it is agreed that the policy designated above is renewed for the period stated,subject to the terms and conditions thereof,except as attached hereunder. PLEASE READ YOUR POLICY AN r, • P THIS RT IC E WITH IT. February 1, 2007 Date Countersigned Authorized Representative IN WITNESS WHEREOF, the Company has caused this Renewal Certificate to be executed below, but this Renewal Certificate shall not be valid unless countersigned by a duly authorized representative of the Company. Secretary President Producer Name: Aon Risk Services, Inc. Address: 707 Wilshire Blvd., Suite 6000, Los Angeles,CA 90017 ORIGINAL r • • AIG • Global Marine This endorsement No.:9,effective 12:01 A.M. 1/1/2007 forms a part of Policy No.X20 issued to John S.Meek Company.Inc. by American Home Assurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. RENEWAL ENDORSEMENT TERRORISM EXCLUSION This endorsement modifies insurance provided under the following: This insurance does not apply to loss,injury,damage,claim or suit,arising directly or indirectly as a result of a certified"act of terrorism" defined by Section 102.Definitions.,of the Terrorism Risk Insurance Act of 2002 and any revisions or amendments. For purposes of this endorsement and in compliance with the Terrorism Risk Insurance Ad of 2002,an'act of terrorism shall mean: (1) Ad of Terrorism— (A) Certification.—The term"ad of terrorism'means any act that is certified by the Secretary of the Treasury of the United • States,in concurrence with the Secretary of State,and the Attorney General of the United States— (i) to be an act of terrorism; (ii) to be a violent act or an act that is dangerous to— (I) human life; (II) property;or (III) infrastructure; (iii) to have resulted in damage within the United States,or outside of the United States in the case of— (I) an air carrier or vessel described in paragraph(5)(B);[for the convenience of this endorsement,paragraph (5)(B)reads:occurs to an air carrier(as defined in Section 40102 of title 49,United States Code)to a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),regardless of where the loss occurs,or at the premises of any United States mission]; (II) the premises of a United States mission;and (iv) to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest,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. (B) Limitation.—No act shall be certified by the Secretary as an ad of terrorism if— (i) the act is committed as part of the course of a war declared by the Congress,except that this clause shall not apply with respect to any coverage for workers'compensation;or (ii) property and casualty insurance losses resulting from the ad,in the aggregate,do not exceed$5,000,000. (C) Determinations Final. —Any certification of, or determination not to certify, an act as an act of terrorism under this paragraph shall be final,and shall not be subject to judicial review. (D) Nondelegation. — The Secretary may not delegate • •-signate to any oth- office, -.,ployee, or person, any determination under this paragraph of whether,during the effe.■• nod of the Pro. <n act of terrori has occurred. All other terms and conditions of the policy are the . e.Air fir- Authorized Representative or Countersignature (where required by law) ORIGINAL , . • S • AIG Global Marine THIS ENDORSEMENT, EFFECTIVE: 1/1/2007 Date of issuance:5/31/07 ATTACHED TO AND FORMING PART OF POLICY NO.: Q0420 OF THE: American Home Assurance Company ISSUED TO: John S. Meek Company,Inc. ENDORSEMENT NO. 10, POLICYHOLDER NOTICE It is hereby understood and agreed that effective January 1, 2007, the POLICYHOLDER NOTICE is added to this policy. Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aigproducercompensation.com or by calling MG at 1-800-706-3102. ALL OTHER TERMS,CONDITIONS LIMITATIONS AND EXCLUSION REMAIN UNCHANGED. . /Z-7— • ORIGINAL AUTHORIZED IN� LLMARIE S • • • Renewal of No.: Q0389 Policy No.: Q0420 • • • * • • i * * * * C. {T_� AMERICAN „�i�► i�i i ► i i i1(11.1 DOME ASSURANCE COMPANY NEW YORK,NEW YORK A CAPITAL STOCK COMPANY POUNDED(853 O p Iv H AMERICAN � AGENCY ,SOUEROA MARINE LOS ANGELES,CALIFORNIA 90017 • Amount $8,000,000 Rate: Flat Premium: 44.846.00 FLAT ANNUAL BY THIS POLICY OF INSURANCE Does Insure JOHN S. MEEK COMPANY, INC. For account of Themselves Loss,If any,payable to Assured or Order To the amount of ""FIVE MILLION AND 00/100'"" DOLLARS From 12:01 a.m.(PST)JANUARY 1, 2006 To 12:01 a.m.(PST)JANUARY 1,2007 On BUMBERSHOOT LIABILITIES COMMISSION-15% Subject to all of the terms,conditions and exclusions of the forms)attached hereto. Standard"Bumbershoot"Wording Bumbershoot Supplementary Clauses Amendments to Standard Bumbershoot Wording Schedule of Underlying Insurances Nuclear Energy Liability Exclusion Endorsement(Broad Form) Pollution Limitation Endorsement(Bumbershoot) Absolute Pollution Exclusion AIMU Extended Radioactive Contamination Exclusion Clause with U.S.A.Endorsement(March 1,2003) AIMU Chemical,Biological,Bio-Chemical,and Electromagnetic Exclusion Clause(March 1,2003) AIMU U.S.Economic and Trade Sanctions Clause Terrorism Exclusion THIS POLICY IS MADE AND ACCEPTED SUBJECT TO the terms,conditions and exclusions which are hereby specially referred to and made part of this Policy,together with such other provisions,agreements or conditions as may be endorsed hereon or added hereto;and no officer,agent or other representative of this Company shall have power to waive or be deemed to have waived any provision or condition of this Policy unless such waiver,if any,•shall be written upon or attached hereto,nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the Assured unless so written or attached. In Witness Whereof,the said American Home Assurance Company has caused this Policy to be signed by Its President and Secretary,but it shall not be valid unless countersigned by a duly authorized representative of the Company. a Secretary 4 Presiders Countersigned at Los Angeles, Califomia, this 31a day of January 2006 - 'l Agent. • • STANDARD"BUMBERSHOOT"WORDING NAMED ASSURED: JOHN S.MEEK COMPANY,INC. ADDRESS: 1931 NORTH GAFFEY STREET,SUITE C,SAN PEDRO,CA 90731-1265 POLICY PERIOD: 12 MONTHS AT 12:01 AM(PST)JANUARY 1.2006 TO JANUARY 1,2007 POLICY NO: 00420 OF THE: AMERICAN HOME ASSURANCE COMPANY INSURING AGREEMENT I. COVERAGE This policy is to indemnify the Assured in respect of the following(including such expenses as are set out in the definition of"ULTIMATE NET LOSS"): (a) All Protection and Indemnity risks of whatsoever nature including, but not limited to, those covered by the underlying Protection & Indemnity Insurances or which are absolutely or conditionally undertaken by the United Kingdom Mutual Steam Ship Assurance Association,Limited. (b) General Average, Collision Liabilities, Salvage, Salvage Charges and Sue and Labor arising from any cause whatsoever. (c) All other sums which the Assured shall become legally liable to pay or by contract or agreement become liable to pay in respect of claims made against the Assured for damages of whatsoever nature,on account of: (i) Personal injuries,including death at any time resulting therefrom; (ii) Property Damage; caused by or arising out of each occurrence happening anywhere in the world. Notwithstanding the foregoing this insurance shall not cover liabilities arising by reason of insolvency or inadequacy of capital. II. LIMIT OF LIABILITY-UNDERLYING LIMITS Underwriters hereon shall only be liable for the excess of either: (a) The amount(s)of the limit(s)set out in underlying insurances identified in the attached Schedule(with respect to General Average, Salvage, Salvage Charges, Sue and Labor expenses the sum(s)of said expenses actually insured under the underlying policies shall be deemed the amount(s) of the limit(s) of said underlying policies),or (b) $25,000. UItimate Net Loss in respect of each occurrence not covered by said underlying insurances (all hereinafter called the"Underlying Limits") • JOHN S.MEEK COMPANY,INC. -1- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • • and then only to a further $8,000,000. Ultimate Net Loss in respect of each occurrence AND IN THE AGGREGATE WHERE APPLICABLE. In the event of reduction or exhaustion of the aggregate limits of liability under underlying insurance by reason of losses paid thereunder, such underlying insurances shall, for the purpose of this Policy, be deemed to have been reinstated in full,notwithstanding anything herein contained to the contrary. The inclusion hereunder of more than one Assured shall not operate to increase Underwriters'limit of liability. III. PREMIUM The Premium hereunder shall be$44.846.00 Flat Per Annum and payable on January 1,2006. DEFINITIONS I. ASSURED The unqualified word"Assured",wherever used in this Policy,includes not only the Named Assured but also: (a) any executive officer, director, partner, stockholder or employee of the Named Assured, while acting in his capacity as such; (b) any person, organization, trustee, or estate to whom the Named Assured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this Policy,but only in respect of operations by or on behalf of the Named Assured; (c) with respect to any automobile owned by the Named Assured or hired for use in behalf of the Named Assured or to any aircraft owned by the Named Assured or hired for use in behalf of the Named Assured,any person while using such automobile or aircraft and any person or organization legally responsible for the use thereof, provided the actual use of the automobile or aircraft is with the permission of the Named Assured. The insurance extended by this sub-division(c),with respect to any person or organization other that the Named Assured,shall not apply: 1. to any person or organization,or to any agent or employee thereof operating an automobile repair shop, public garage, sales agency, service station, or public parking place, with respect to any occurrence arising out of the operation thereof; 2. to any manufacturer of aircraft, engines, or aviation accessories, or any aviation sales or service or repair organization or airport or hangar operator or their respective employees or agents,with respect to any occurrence arising out of the operation thereof; 3. with respect to any hired automobile or aircraft,to the owner thereof or any employee of such owner. II. OCCURRENCE The term "occurrence", wherever used herein, shall mean one happening or series of happenings,arising out of or due to one event taking place during the term of this Policy. JOHN S.MEEK COMPANY,INC. -2- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • III. ULTIMATE NET LOSS The term "Ultimate Net Loss" shall mean the total sum which the Assured becomes obligated to pay by reason of matters set out in Insuring Agreement I, including compromise settlements,and shall include hospital,medical and funeral charges and all sums paid as salaries, wages, compensation, fees, charges and law costs, premiums on attachment or appeal bonds, interest, expenses for doctors, lawyers, nurses and investigators and other persons,and for litigation, settlement adjustment and investigation of claims and suits which are paid as a consequence of any occurrence covered hereunder,excluding, however, the salaries of the Assured's permanent employees and general office overhead and also excluding any part of such expenses for which the Assured is covered by other valid and collectible insurance. IV. AUTOMOBILE The term"Automobile",wherever used herein,shall mean a land motor vehicle,trailer or semi-trailer. V. AIRCRAFT The term"Aircraft", wherever used herein, shall mean any heavier than air or lighter than air aircraft designed to transport persons or property. EXCLUSIONS THLS POLICY SHALL NOT APPLY: I. (a) to indemnify an Assured whose dishonesty or fraud,committed individually or in collusion with others,caused the loss for which that Assured seeks indemnity;nor (b) to indemnify any Assured against claims based upon any intentional non-compliance with any statute or regulation unless such claim(s) be for damages occasioned by actual or alleged bodily injury (fatal or otherwise)or physical loss of,or damage to,and/or loss of use of tangible property;nor (c) to indemnify any Assured in respect of any criminal fines or criminal penalties incurred through the criminal act of that Assured. • II. With respect to advertising activities to claims against the Assured: (a) for failure of performance of contract,but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of an implied contract; (b) by advertising agents of the Assured; (c) for infringement of registered trade mark, service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles or slogans; (d) for incorrect description of any article or commodity; (e) for mistake in advertised price. III. To any claim(s) made by any National, State or Local Government sub-divisions or agencies thereof, unless such claim(s)be for damages occasioned by actual or alleged personal and/or bodily injury(fatal or otherwise),physical loss of,damage to and/or loss of use of,tangible property. JOHN S.MEEK COMPANY,INC. -3- `Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 IV. To any claims) or suit(s) alleging violation of the anti-trust laws, unfair competition or other acts allegedly in restraint of trade. V. To any stockholder's derivative action(s). VI. To claims for non-payment or delay in payment of charter hire; non-payment or delay in payment of loans, mortgages,promissory notes,checks,drafts or other evidences of debt. VII. To claims for infringement of patent(s); unauthorized use of trade-mark(s) or trade-name(s); misappropriation of design(s),drawing(s),process(es)or procedure(s)or to claims based on misappropriation of minerals or non-payment of mineral royalties. VIII. (a) To loss,damage or liability directly or indirectly occasioned by,happening through or in consequence of war, invasion,acts of foreign enemies,hostilities(whether war be declared or not),civil war,rebellion,revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority. (b) Nevertheless,this exclusion shall not apply except as provided in(c)below,to liabilities: (1) Arising in connection with vessels owned,chartered,hired or otherwise used by the Assured. (ii) Arising out of property of any kind in transit by land, water or air during such periods as would be covered for full War Risks under an insurance covering physical toss of or damage to cargo subject to the Institute War Clauses relevant to the particular form of transit. (iii) Arising out of any waterborne operations. (iv) To seamen or under Workmen's Compensation Statutes. (v) for death of or bodily injury to persons of any kind. (c) Notwithstanding the provisions of(b)above,the clause set out in(a)above shall apply to the liabilities set out in(b)above: (i) unless sooner applied under the provisions of(ii)and(iii),automatically upon and simultaneously with the outbreak of war (whether there by a declaration of war or not) between any of the following countries: United States of America, United Kingdom (or any other members of the British Commonwealth),France,the Union of Soviet Socialist Republics,the People's Republic of China. (ii) at any time at the Assured's request,or by Underwriters giving 14 days written notice to the Assured, but in no event shall such notice affect or postpone the operation of the provisions of(i) and (iii). Written or telegraphic notice sent to the Assured at his (its) last known address shall constitute a complete notice and such notice mailed or telegraphed to the Assured, care of the broker who negotiated this insurance,shall have the same effect as if sent to the said Assured direct. The mailing of notice as aforesaid shall be sufficient proof of notice and the effective date and hour of the operation of the clause set out in(a) above shall be 14 days from midnight of the day on which such notice was mailed or telegraphed as aforesaid. Underwriters agree, however, that the clause set out in(a) above shall not apply subject to agreement between Underwriters and the Assured prior to the aforesaid effective date and hour as to an additional premium and/or new conditions and/or warranties. (iii) unless sooner terminated under the provisions of(i)or(ii),automatically in respect of an insured vessel if requisitioned,either for title or use,by the m th or and of the when countrysuch in whivessel ch is the vessel os owned or registered or of the countryGovern in ent which of any e such United right States f o requisition is vested. JOHN S.MEEK COMPANY,INC. -4- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • • • 1 . If, subsequent to the agreement of an additional premium as provided by paragraph (ii) above, either the Assured or Underwriters again elect to exercise the option provided therein or paragraphs (i)or(ii)become operative, pro-rata net return of the additional premium paid shall be refunded to the Assured. Such return premium will be paid on demand or as soon thereafter as practicable to do so. CONDITIONS A. GEOGRAPHICAL LIMITS This Policy covers the operations of the Assured anywhere in the World. B. CROSS LIABILITY In the event of one of the Assureds incurring liability to any other of the Assureds,this Policy shall cover the Assured against whom claim is or may be made in the same manner as if separate Policies had been issued to each Assured. Nothing contained herein shall operate to increase Underwriters'limit of liability as set forth in Insuring Agreement II. C. NOTICE OF OCCURRENCE Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered hereunder involved injuries or damages which in the event that the Assured should be held liable,is likely to involve this Policy,notice shall be sent to: A.I.MARINE ADJUSTERS.INC. Two Rincon Center. 121 Sneer Street San Francisco.California 94105 as soon as practicable,provided,however,that failure to notify the above rum of any occurrence which at the time of its happening did not appear to involve this Policy, but which, at a later date,would appear to give rise to claims hereunder,shall not prejudice such claims. D. ASSISTANCE AND CO-OPERATION Underwriters shall not be called upon to assume charge of the settlement or defense of any claim made or suit brought or proceeding instituted against the Assured, but Underwriters shall have the right and shall be given the opportunity to associate with the Assured or the Assured's Underlying Insurers,or both,in the defense and control of any claim,suit or proceeding relative to an occurrence where the claim or suit involves or appears reasonably likely to involve Underwriters,in which event the Assured,the Underlying Insurers and Underwriters shall cooperate in all things in the defense of such claim,suit or proceeding. E. APPEALS In the event the Assured or the Assured's Underlying Insurers elect not to appeal a judgment in excess of the Underlying Limit,Underwriters may elect to make such appeal at their cost and expense,and shall be liable for the taxable costs and disbursements and interest incidental thereto,but in no event shall the liability of Underwriters for Ultimate Net Loss exceed the amount set forth in Insuring Agreement II for any one occurrence and in addition the cost and expense of such appeal plus the taxable costs and disbursements and interest incidental thereto. JOHN S.MEEK COMPANY,INC. -5- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 F. BANKRUPTCY OR INSOLVENCY In the event of the bankruptcy or insolvency of the Assured or any entity comprising the Assured,the Underwriters shall not be relieved thereby of the payment of any claim hereunder because of such bankruptcy or insolvency. G. OTHER INSURANCE If other valid and collectible insurance with any other Insurer is available to the Assured covering a loss also covered by this Policy,other than insurance that is in excess of the insurance afforded by this Policy,the insurance afforded by this Policy shall be in excess of and shall not contribute with such other insurance, either as double insurance or otherwise. Nothing herein shall be construed to make this Policy subject to the terms,conditions and limitations of other insurance. H. SUBROGATION In as much as this Policy is "Excess Coverage", the Assured's right of recovery against any person or other entity cannot be exclusively subrogated to the Underwriters. It is, therefore, understood and agreed that in case of any payment hereunder,the Underwriters will act in concert with all other interests(including the Assured)concerned, in the exercise of such rights of recovery. The apportioning of any amounts which may be so recovered shall follow the principle that any interests (including the Assured) that shall have paid an amount over and above any payment hereunder,shall first be reimbursed up to the amount paid by them;the Underwriters are then to be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly,the interests(including the Assured)of whom this coverage is in excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the interests(including the Assured)concerned,in the ratio of their respective recoveries as finally settled. L ASSIGNMENT Assignment of interest under this Policy shall not bind Underwriters until their consent is endorsement hereon. J. CURRENCY The premiums and losses under this Policy are payable in United States currency. K. CONFLICTING STATUTES In the event that any provision of this Policy is unenforceable by the Assured under the laws of any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby,because of non-compliance with any statute thereof, then this Policy shall be enforceable by the Assured with the same effect as if it complied with such statute. L. MAINTENANCE OF UNDERLYING INSURANCE (a) It is a condition of this Policy that the Policy or Policies referred to in the attached"Schedule of Underlying Insurances"shall be maintained in full effect during the currency of this Policy except for any reduction of the aggregate limit or limits contained therein solely by payment of claims in respect of accidents and/or occurrences,occurring during the period of this Policy. (b) Inadvertent failure of the Assured to comply with(a)above or inadvertent failure to notify Underwriters of any changes in the Underlying Insurances shall not prejudice the Assured's rights of recovery under this Policy but in the event of such failure,Underwriters to be liable only to the same extent as they would have been had the Assured complied with the said condition. JOHN S.MEEK COMPANY,INC. -6- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • • (c) In the event of an underlying War Risks Insurance being cancelled by the Underwriters thereon under the terms of the cancellation clause therein, such cancellation shall not constitute a breach of(a) above, but Underwriters to be liable hereunder only to the same extent as they would have been had that underlying War Risks Insurance not been cancelled. Nothing in the foregoing sentence shall be deemed to affect the application of Exclusion No.VIII.herein. BUMBERSHOOT SUPPLEMENTARY CLAUSES THE FOLLOWING PROVISIONS SHALL SUPERSEDE ANY INCONSISTENT POLICY PROVISIONS. I. CONDITIONAL EXCLUSIONS As respects all activities of the Assured (except liability arising out of ownership, charter, use, operation, maintenance, loading, unloading or as a bailee of any watercraft not otherwise excluded or limited herein), this insurance shall be free from liability(unless coverage is provided in an underlying policy scheduled hereon,and then coverage hereunder shall only operate as excess of such coverage): (a) from operation,ownership,use of any automobile,truck or aircraft; - • (b) from any employee with respect to personal injury to or death of another employee of the same employer injured in the course of such employment; (c) for damage, loss,or expense to property of others which occurred while in the care,custody or control of the Assured hereunder, (d) assumed under contract; (e) arising out of goods or products manufactured,sold,handled or distributed by the Assured or by others trading under his name(hereinafter called"the Assured's Products") if the occurrence occurs after possession of such goods or products has been relinquished to others by the Assured or by others trading under his name and if such occurrence occurs away from premises owned,rented or controlled by the Assured;provided such goods or products shall be deemed to include any container thereof, other than a vehicle, but shall not include any vending machine or any property,other than such container,rented to or located for use of others but not sold; (f) arising out of operations, if the occurrence occurs after such operations have been completed or abandoned and occurs away from premises owned,rented or controlled by the Assured;provided that operations shall not be deemed incomplete because improperly or defectively perfonned or because further operations may be required pursuant to an agreement; provided further the following shall not be deemed to be "operations" within the meaning of this paragraph; (1) pick-up or delivery,except from or onto a railroad car; (2) the maintenance of vehicles owned or used by or in behalf of the Assured; (3) the existence of tools,uninstalled equipment and abandoned or unused materials. JOHN S.MEEK COMPANY,INC. -7- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • II. ABSOLUTE EXCLUSIONS This insurance shall be free from liability or expense arising: (a) from infidelity and/or dishonesty of an Assured,or any employee or representative of an Assured committed individually or in collusion with others; (b) from ownership, use or operation of drilling rigs, drilling barges, drilling tenders, platforms, flow lines, gathering stations and/or pipe lines,but this exclusion shall not apply to craft serving the foregoing such as crew,supply,or utility boats,tenders or tugs; (c) under Employees Retirement Income Security Act(ERISA); (d) because of the violation of any statute, law,ordinance or regulation prohibiting discrimination or humiliation because of race,creed,color,national origin,age and/or sex; (e) directly or indirectly in consequence of the actual or potential discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalies, petroleum products or derivatives, liquids or gases, waste materials, sewerage or other toxic chemicals, irritants, contaminants or pollutants into or upon land, atmosphere or any watercourse or body of water; (f) from the failure of the Assured's products or work completed by or for the Assured to perform the function or serve the purpose intended by the Assured, if such failure is due to a mistake or deficiency in any design, formula, plan, specifications, advertising material or printed instructions prepared or developed by any Assured except with respect to bodily injury or property damage as a result of said failure provided such property damage or bodily injury is insured in an underlying policy scheduled hereon; (g) out of the conduct of any partnership or joint venture of which the Assured is a partner or member and which is not shown in this policy as a named Assured. When such joint venture or partnership of which the Assured is a partner or member is named in this policy as a named Assured, this policy will respond, subject to all terms and conditions, for an amount not exceeding the Assured's participation in such partnership or joint venture; (h) from any activity as a shiprepairer or shipbuilder other than for maintenance and repairs by the Assured to his own vessel. OCCUPATIONAL DISEASE EXCLUSION: It is understood and agreed that this insurance shall not cover any liability, loss, damage or expense as regards personal injury(fatal or non-fatal)resulting from occupational disease sustained by any employee of the assured. ASBESTOS EXCLUSION: It is understood and agreed that this policy shall not apply to any liability for bodily injury or property damage, including loss of use thereof, arising out of the manufacturing, processing, handling, distribution,sale,application,removal or use of asbestos,or asbestos related product(s). PROFESSIONAL LIABILITY/ERRORS OR OMISSIONS EXCLUSION: In consideration of the premium charged, it is hereby agreed that this policy shall not apply to any claim or claims arising out of a breach of professional duty by reason of any negligent act, error or omission,malpractice or mistake of a professional nature committed or alleged to have been committed by or on behalf of the insured in the conduct of any of the insured's business activities. Professional services includes but is not limited to the preparation or approval of maps,plans, opinions, reports, surveys, designs or specifications and supervisory, inspection, engineering, or data processing services. JOHN S.MEEK COMPANY,INC. -8- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • • PUNITIVE DAMAGE EXCLUSION: It is understood and agreed that this insurance shall not cover any fines, penalties,punitive damages,treble damages or any other damages resulting from the multiplication of compensatory damages. DIRECTORS AND OFFICERS LIABILITY EXCLUSION: In consideration of the premium charged and notwithstanding anything contained herein to the contrary, it is hereby understood and agreed that this policy shall not apply to any claims arising out of or alleged to have arisen from any wrongful act of Directors or Officers in the discharge or performance of their duties as such. It is further understood and agreed that for the purpose of this policy,wrongful act shall mean any actual or alleged error or misstatement or misleading statement or act or omission or neglect or breach of duty by the Directors or Officers in the discharge of their duties, individually or collectively, or any matter claimed against them solely by reason of their being Directors or Officers of the Company. EMPLOYMENT-RELATED PRACTICES EXCLUSION: It is understood and agreed that this insurance shall not cover: "Bodily Injury" arising out of any refusal to employ, termination or employment, coercion, demotion, evaluation, re-assignment, discipline, defamation, harassment, humiliation, discrimination or other employment-related practices, policies, acts or omissions or Consequential`bodily injury"as a result of the above. "Personal Injury" arising out of any refusal to employ, termination of employment, coercion, demotion, evaluation, re-assignment, discipline, defamation, harassment, humiliation, discrimination or other • employment practices,policies,acts or omissions;or Consequential`personal injury"as a result of the above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to repay someone else who must pay damages because of the injury. FIDUCIARY LIABILITY EXCLUSION: In consideration of the premium charged and notwithstanding anything therein to the contrary,it is hereby agreed that such coverage as is afforded by this policy shall not apply to any claim or claims arising out of fiduciary liability. HEALTH HAZARD EXCLUSION: Notwithstanding anything to the contrary contained in this policy, no coverage is granted by this policy for any claim or expense(including but not limited to defense cost)arising out of the following exclusion. This policy shall not apply to: a) POLYCHLORINATED BIPHENYL(PCB):- Bodily Injury or Personal Injury or cause of,damage to or loss of uses of property directly or indirectly caused by Polychlorinated Biphenyl. The term PCB as used in this exclusion means Polychlorinated Biphenyl or any derivative thereof. b) SILICA:- Bodily Injury or Personal Injury or cause of, damage to or loss of use of property directly or indirectly caused by Silica. c) LEAD:- Bodily Injury or Personal Injury or cause of, damage to or loss of use of property directly or indirectly caused by lead and/or lead related compounds and/or lead derivatives. It is further agreed that this policy shall not apply to any liability for Bodily Injury or Personal Injury and/or Property Damage made by or on behalf of any person or persons directly or indirectly on account of continuous, intermittent or repeated exposures to. ingestion. inhalation, or absorption of any substances,materials,products, wastes or emissions, noise or environmental disturbance where the Assured is or may be liable for any reason including, but not limited to, as a result of the manufacture, production, extraction, sale, handling, utilization, distribution,disposal or creation by or on behalf of the Assured of such substances,materials,products,wastes or emissions,noise or environmental disturbance. JOHN S.MEEK COMPANY,INC. -9- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • • For the purpose of this clause,the term"Personal Injury"shall mean bodily injury or insult(including death at any time resulting therefrom),mental injury,mental anguish,shock,sickness,disease,disability,detention,humiliation or wrongful eviction. III. SPECIAL CONDITIONS (a) ADDITIONAL ASSUREDS In the event of Additional Assureds being added to the coverage under the Underlying Insurance during currency hereof prompt notice shall be given to Underwriters hereon who shall be entitled to charge an appropriate additional premium hereon. (b) PRIOR INSURANCE AND NON-CUMULATION OF LIABILITY It is agreed that if any loss covered hereunder is also covered in whole or in part under any other excess policy issued to the Assured prior to the inception date hereof the limit of liability hereon as stated in Item II.of the Declarations shall be reduced by any amounts due to the Assured on account of such loss under such prior insurance. (c) SPECIAL CONDITIONS APPLICABLE TO OCCUPATIONAL DISEASE As regards personal injury (fatal or non-fatal) by occupational disease sustained by any employee of the Assured, this Policy is subject to the same warranties,terms and conditions (except as regards the premium, the amounts and limits of liability and the renewal agreement,if any)as are contained in or as may be added to the underlying insurance prior to the happening of an occurrence for which claim is made hereunder. (d) CANCELLATION Either the Company or the Assured may cancel this insurance by giving the other thirty (30) days written notice, except in the event of non-payment of premium ten (10) days notice in writing to the Assured shall apply,after which this Policy.shall be of no force or effect. If cancellation is at Assured's option,the Company will retain earned premium hereunder as per customary short rate table; if cancellation is at the Company's option,pro-rata.uneamed premium will be returned as soon as practicable,in either case,subject to minimum premiums agreed upon,if any. (e) WAR RISK CANCELLATION In the event of any underlying War Risks Insurance being cancelled such cancellation shall simultaneously cancel any applicable excess coverage insured herein. (f) SUBROGATION In the event of any payment under this policy, the Underwriters shall participate with the Assured and any underlying insurer in the exercise of all the Assured's rights of recovery therefor against any person or organization. All recoveries shall be applied as if recovered prior to any payment under this policy and to that end all necessary adjustments shall be made as soon as practicable thereafter. The expense of any subrogation proceeding brought to enforce such rights shall be apportioned among the Underwriters, the underlying insurers and the Assured in accordance with their respective interests in the matter giving rise to such rights. IV. DEFINITIONS These Definitions shall apply as respects all activities of the Assured other than liability arising out of the ownership, charter,use,operation,maintenance,loading,unloading or as a bailee of any watercraft. JOHN S.MEEK COMPANY,INC. -10- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • 1. PERSONAL INJURIES The term"Personal Injuries"whenever used herein means bodily injury(including death at any time resulting therefrom),mental injury,mental anguish,shock,sickness,disease,disability,false arrest,false imprisonment, wrongful eviction, detention, malicious prosecution; also libel, slander disparagement or defamation of character or invasion of rights of privacy,except that which arises out of any advertising activities. 2. PROPERTY DAMAGE The term"Property Damage" whenever used herein shall mean loss of or direct damage to or destruction of tangible property(other than property owned by the Named Assured). Nothing herein contained shall be held to vary, alter,waive or change any of the terms, limits or conditions of the Policy except as hereinabove set forth. JOHN S.MEEK COMPANY,INC. -11- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • • AMENDMENTS TO STANDARD BUMBERSHOOT WORDING 1. The definition of the word"Occurrence"is amended as follows: "The term"Occurrence"whenever used herein, means an event or a continuous or repeated exposure to conditions which unintentionally causes injury,damage or destruction resulting during the policy period. Any number of such injuries,damage or destruction resulting from a common cause or from exposure to substantially the same conditions shall be deemed to result from one occurrence." The word"unintentionally"as used in the above amendment shall not apply to claims arising out of personal injuries. 2. The following wording is to be added to the definition of"Ultimate Net Loss": "Nothing herein contained shall be construed to require the Assured to enforce by legal action,any rights of salvage, subrogation or indemnity,before the Insurers shall pay any loss covered hereunder." 3. Clause II.(a)amended to read as follows: "The amount(s)of the limit(s) set out in underlying insurances identified in the attached Schedule(with respect to General Average, Collision Liabilities, Towers Liabilities, Salvage, Salvage Charges, Sue and Labor expenses and Protection and Indemnity,the sum(s)of said expenses and liabilities actually insured under the underlying policies shall be deemed the amount(s)of the limit(s)of said underlying policies)." 4. Exclusion III.shall apply only to such claims as are made under Coverage Clause I.(c)and which are not covered by the Insured's Underlyings set out in the Schedule attached thereto. 5. Should any of the underlying insurances as listed in the"Schedule of Underlying Insurances"be subject to an annual aggregate limit, then this policy shall also be subject to an annual aggregate limit equal to the occurrence limit as shown herein. 6. Condition L.Maintenance of Underlying Insurance is amended to include the following wording: (d) The insolvency,bankruptcy,receivership or refusal or inability to pay of the Assured and/or any insurer shall not operate to reduce or deplete any underlying limit nor shall it increase any Underwriter's share of the Limit of Liability set forth in Item II.Limit of Liability. JOHN S.MEEK COMPANY,INC. -12- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • S SCHEDULE OF UNDERLYING INSURANCES COVERAGE EFF.DATE LIMITS) CARRIER/POLICY NO. Comprehensive Marine 1/1/06-07 51,000,000 Each Occ.,CSL American Home Assurance Liability/Ship Repairers Legal $2,000,000 Gen.Aggregate Company Liability $1,000,000 Pers.&Adv.Injury Policy No:Q0419 S1,000,000 Prod/Comp Ops. S 50,000 Fire Damage S 5,000 Medical Expense Auto Liability 1/1/06-07 $1,000,000 CSL Hartford Fire Insurance Co. Policy No.:72UENIL4406 Employer's Liability 1/1/06-07 $1,000,000 Each Occ. Commerce & Industry Insurance Company Policy No.:WC295-54-59 Protection & Indemnity 1/1/06-07 $1,000,000 Each vessel, American Home Assurance Excluding Crew each accident or occurrence Company cover/Collision Liability Policy No.:P0050 ALL OTHER TERMS,CONDITIONS,LIbIITATIONS AND EXCLUSIONS REMAIN UNCHANGED. 6264444'1 AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY JOHN S.MEEK COMPANY,INC. -13- "Butubersboot"Liabilities Policy No:Q0420 January 1,2006 • ENDORSEMENT NO.: 1 EFFECTIVE: 12:01 A.M.PST,JANUARY 1,2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00420. OF THE: AMERICAN HOME ASSURANCE COMPANY. ISSUED TO: JOHN S.MEEK COMPANY,INC.. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT, (BROAD FORM) "This endorsement modifies the provisions of this policy relating to all General Liability and Medical Payments insurance other than Comprehensive Personal and Farmer's Comprehensive Personal Insurance." It is agreed that I. This policy does not apply: A. Under any Liability Coverage to bodily injury or property damage: (I) with respect to which an Assured under this policy is also an Assured under a Nuclear Energy Liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada,or would be an assured under any such policy but for its termination upon exhaustion of its limit of liability;or (2) resulting from the hazardous properties of nuclear material and with respect to which(A)any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof,or(B)the Assured is,or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United Stated of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any liability coverage to bodily injury or property damage resulting from the hazardous properties of nuclear material,if (1) The nuclear material(A)is at any nuclear facility owned by or operated by or on behalf of an Assured or(B)has been discharged or dispersed therefrom; (2) The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed,stored,transported or disposed of by or behalf of an Assured;or (3) The bodily injury or property damage arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility,but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "Hazardous Properties"means radioactive,toxic or explosive properties; JOHN S.MEEK COMPANY,INC. -14- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • "Nuclear Materials"means source material,special nuclear material or by-product material; "Source Material","Special Nuclear Material" and"By-Product Material"have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent Fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "Waste" means any waste material (A)containing by-product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content,and(B)resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility; "Nuclear Facility"means (A) any nuclear reactor, (B) any equipment or device used for(1)separating the isotopes of uranium or plutonium,(2)processing or utilizing spent fuel,or(3)handling,processing or packaging waste, (C) any equipment or device used for the processing,fabricating or alloying of special nuclear material if any time the total amount of such material in the custody of the Assured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof,or more than 250 grams of uranium 235, (D) any structure, basin, excavation, premises or place prepared or used for the storage or disposal or waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for operations; "Nuclear Reactor" means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material; "Property Damage"includes all forms or radioactive contamination of property. NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY,ALTER,WAIVE OR CHANGE ANY OF THE TERMS,LIMITS OR CONDITIONS OF THE POLICY EXCEPT AS HEREIN ABOVE SET FORTH. AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY JOHN S.MEEK COMPANY,INC. -15- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • • ENDORSEMENT NO.: 2 EFFECTIVE: 12:01 A.M.PST.JANUARY 1,2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00420. OF THE: AMERICAN HOME ASSURANCE COMPANY. ISSUED TO: JOHN S.MEEK COMPANY.INC.. POLLUTION LIMITATION ENDORSEMENT BUMBERSHOOT) Notwithstanding any other provision of this policy or of any underlying insurance, this policy of insurance is not evidence of financial responsibility under the Oil Pollution Act of 1990 or any similar Federal or State Laws. Any showing or offering of this policy by the Assured as evidence of insurance shall not be taken as any indication that the Underwriters consent to act as guarantor or to be sued directly in any jurisdiction whatsoever. The Underwriters DO NOT CONSENT TO BE GUARANTORS OR SUED DIRECTLY. It is hereby understood and agreed the "Bumbershoot Supplementary Clauses, II. ABSOLUTE EXCLUSIONS (e)" is deleted and the following shall apply: Notwithstanding anything to the contrary, this policy shall not apply to any claim arising directly or indirectly in consequence of the discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials, oil or other petroleum substance or derivative (including any oil refuse or oil mixed wastes)or other irritants,contaminants or pollutants into or upon land,the atmosphere,or any watercourse or body of water. This exclusion shall not apply,however,provided that the assured establishes that all of the following conditions have been met: (1) the discharge, dispersal, release or escape was accidental and was neither expected nor intended by the assured. A discharge, dispersal, release or escape shall not be considered unintended or unexpected unless caused by some intervening event neither foreseeable nor intended by the assured. (2) the discharge, dispersal,release or escape can be identified as commencing at a specific time and date during the term of the policy. (3) the discharge, dispersal, release or escape became known to the assured within 72 hours after its commencement. (4) the discharge, dispersal, release or escape was reported in writing to these underwriters within 30 days after having become known to the assured. - (5) the discharge,dispersal,release or escape did not result from the assured's intentional and willful violation of any government statute,rule or regulation. (6) the discharge,dispersal,release or escape is covered by the underlying insurance as listed in the Schedule of Underlying Insurance, for the full limits shown therein, and then only for such hazards for which coverage is afforded under said Underlying Insurance. JOHN S.MEEK COMPANY,INC. -16- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • • Nothing contained in this endorsement shall operate to provide any coverage with respect to: (1) loss of, damage to or loss of use of property directly or indirectly resulting from subsidence caused by subsurface operations of the assured; (2) removal of,loss of or damage to subsurface oil,gas or any other substance; (3) fines, penalties, punitive damages, exemplary damages, treble damages or any other damages resulting from the multiplication of compensatory damages; (4) any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substances or the transportation of any waste materials or substances. Nothing herein contained shall be held to vary, alter, waive or change any of the terms, limits or conditions of the policy expect as hereinabove set forth. ALL OTHER.TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. i i : 1"44 ")/ % AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY JOHN S.MEEK COMPANY,INC. -17- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • • i ENDORSEMENT NO.: 3 EFFECTIVE: 12:01 A.M.PST.JANUARY 1,2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00420. OF THE: AMERICAN HOME ASSURANCE COMPANY. ISSUED TO: JOHN S.MEEK COMPANY,INC.. SEEPAGE AND POLLUTION BUY-BACK(ON-LAND)(72 HOUR/30 DAYS) The Seepage and Pollution Exclusions contained in this policy shall not apply provided that the Insured establishes that all of the following conditions have been met:- (A) The occurrences and resulting damage could not have been reasonably anticipated or foreseen through the exercise of reasonable prudence. (B) The occurrence and resulting damage was caused by some intervening event. (C) The occurrence and resulting damage can be identified as first commencing at a specific time and date during the term of this policy. (D) The occurrence and resulting damage became known to the Insured within 72 hours after its commencement and was reported in writing to Underwriters within 90 days thereafter. (E) The occurrence and resulting damage did not result from the violation of any Government statute, rule or regulation. Nothing contained in this endorsement shall operate to provide any coverage hereon with respect to:- (1) Removal of,loss of or damage to sub-surface oil,gas or any other substance. (2) Fines,penalties, punitive damages, exemplary damages, treble damages or any other damages resulting from the multiplication of compensatory damages. (3) Any site or location used in whole or in part for the handling,processing,treatment, storage,disposal or dumping of any waste materials or substances. (4) The cost of evaluation and/or monitoring and/or controlling seepage and/or contaminating substances. (5) The cost of removing and/or nullifying and/or cleaning up seepage and/or polluting and/or contaminating substances on property at any time owned and/or leased and/or rented by the Insured and/or under the control of the Insured. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. 6 4m/ _ A AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY JOHN S.MEEK COMPANY,INC. -18- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • • ENDORSEMENT NO.: 4 EFFECTIVE:12:01 A.M.PST,JANUARY 1._2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00420. OF THE: AMERICAN HOME ASSURANCE COMPANY. ISSUED TO: JOHN S.MEEK COMPANY.INC.. AIMU EXTENDED RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE WITH U.S.A.ENDORSEMENT (March 1,2003) This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. 1. In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from 1.1 ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel 1.2 the radioactive,toxic,explosive or other hazardous or contaminating properties of any nuclear installation,reactor or other nuclear assembly or nuclear component thereof 1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. 1.4 the radioactive,toxic,explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes,other than nuclear fuel,when such isotopes are being prepared,carried,stored,or used for commercial,agricultural,medical,scientific or other similar peaceful purposes. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE (U.S.A.ENDORSEMENT) This insurance is subject to the Extended Radioactive Contamination Exclusion Clause(March 1,2003)provided that if fire is an insured peril and where the subject matter insured or,in the case of a reinsurance,the subject matter insured by the original insurance,is within the U.S.A.,its islands,onshore territories or possessions and a fire arises directly or indirectly from one or more of the causes detailed in Sub-Clauses 1.1,1.2,and 1.4 of the Extended Radioactive Contamination Exclusion Clause March I,2003 any loss or damage arising directly from that fire shall,subject to the provisions of this insurance(reinsurance),be covered,EXCLUDING however any loss damage liability or expense caused by nuclear reaction,nuclear radiation,or radioactive contamination arising directly or indirectly from that fire. ALL OTHER TERMS,CONDITIONS,LIMITATIONS LUSIONS REMA • NGED. AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY JOHN S.MEEK COMPANY,INC. -19- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • ENDORSEMENT NO.: 5 EFFECTIVE:12:01 A.M.PST.JANUARY 1.2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00420. OF THE: AMERICAN HOME ASSURANCE COMPANY. ISSUED TO: JOHN S.MEEK COMPANY.INC.. AIMU CHEMICAL,BIOLOGICAL,BIO-CHEMICAL,AND ELECTROMAGNETIC EXCLUSION CLAUSE (March 1,2003) This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. In no case shall this insurance cover loss, damage, liability or expense directly or indirectly caused by or contributed to or arising from an actual or threatened act involving a chemical, biological, bio- chemical or electromagnetic weapon, device, agent or material when used in an intentionally hostile manner. ALL OTHER TERMS,CONDITIONS LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY JOHN S.MEEK COMPANY,INC. -20- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 • s ENDORSEMENT NO.: 6 EFFECTIVE: 12:01 A.M.PST,JANUARY 1.2006. ATTACHED TO AND FORMING PART OF POLICY NO.: 00420. OF THE: AMERICAN HOME ASSURANCE COMPANY. ISSUED TO: JOHN S.MEEK COMPANY,INC.. AIMU U.S. ECONOMIC AND TRADE SANCTIONS CLAUSE Whenever coverage provided by this policy would be in violation of any U.S. economic or trade sanctions such as, but not limited to, those sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), such coverage shall be null and void. Similarly, any coverage relating to or referred to in any certificates or other evidences of insurance or any claim that would be in violation of U.S. economic or trade sanctions as described above shall also be null and void. ALL OTHER TERMS,CONDITIONS LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTHORIZED SIGNATURE AMERICAN INTERNATIONAL MARINE AGENCY JOAN S.MEEK COMPANY,INC. -21- "Bumbershoot"Liabilities Policy No:Q0420 January 1,2006 r Y • • This SPECIAL MULTI-FLEX POLICY is provided by the stock insurance company(s)of The Hartford Insurance Group,shown below. COMMON POLICY DECLARATIONS T POLICY NUMBER: 72 UEN IL4406 K2 111E '�' RENEWAL OF: 72 UEN IL4406 HARTFORD Named Insured and Mailing Address: JOHN S. MEEK COMPANY, INC. (No.,Street,Town,State,Zip Code) 14732 S. MAPLE AVENUE GARDENA ACA 90248 (LOS ANGELES COUNTY) w m c Policy Period: From 01/01/08 To 01/01/09 12:01 A.M. , Standard time at your mailing address shown above. 0 o In return for the payment of the premium,and subject to all of the terms of this policy,we agree with you to provide o insurance as stated in this policy. The Coverage Parts that are a part of this policy are listed below. The Advance Premium shown may be subject to adjustment. a Total Advance Premium: $52,536.00 0 2 Coverage Part and Insurance Company Summary Advance Premium 0 COMMERCIAL AUTO HARTFORD FIRE INSURANCE COMPANY mmm HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 $52,536.00 THIS IS A TRUE /AND EXACT COPY OF e,k l Jahn S. YY,2Dt ioeivt I Y1C . Policy No. 7a? (A EIV=L. 44 0 Signed _ Form Numbers of Coverage Parts, Forms and Endorsements that are a part of this policy and that are not listed in the Coverage Parts. mmm HM0001 IL00171198 IL00210702 HA00250302 Agent/Broker Name: AON RISK SERVICES INC OF SO CALIF Countersigned by (Where required by law) Authorized Representative Date Form HI1I 0Oci l 07 Y • , S t � COMMERCIAL AUTOMOBILE COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM HARTFORD POLICY NUMBER: 72 UEN IL4406 This COMMERCIAL AUTOMOBILE COVERAGE PART consists of: N co A. This Declarations Form; B. Business Auto Coverage Form; and C. Any Endorsements issued to be a part of this Coverage Form and listed below. 0 0 o ITEM ONE-NAMED INSURED AND ADDRESS w H The Named Insured is stated on the Common Policy Declarations. 0 0 ADVANCE PREMIUM: $ 52,536.00 — AUDIT PERIOD: Except in this Declarations, when we use the word "Declarations" in this Coverage Part, we mean this "Declarations" or the"Common Policy Declarations." - Form Numbers of Coverage Forms, Endorsements and Schedules that are part of this Coverage Part: HA00040302 HA00340200 HA00120200T CA00011001 HA21020692 CA04240505 CA21540505 CA20011001 CA00381202 CA01430505 - CA03050297 CA04260505 CA20380297 CA20480299 CA99231293 HA00241290 HA20070200 HA99040187 HA99081290 HA99130187 HA99160302 IH12011185 Form HA 00 25 03 02 Page 1 of 4 02001 The Hartford (Includes copyrighted material of ISO Properties, Inc.,with its permission.) x f • • COMMERCIAL AUTOMOBILE COVERAGE PART-DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 UEN IL4406 ITEM TWO-SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the advance premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos." "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. Limit Coverages Covered The Most We Will Pay for Any One Advance Premium Autos Accident or Loss LIABILITY 01 $ 1,000,000 $ 37,733.00 PERSONAL INJURY PROTECTION Separately stated in each Personal Injury (or equivalent No-Fault coverage) Protection Endorsement. ADDED PERSONAL INJURY Separately stated in each Added Personal PROTECTION (or equivalent added Injury Protection Endorsement. No-Fault coverage) OPTIONAL BASIC ECONOMIC $25,000 each eligible injured person. LOSS (New York only) PROPERTY PROTECTION Separately stated in the Property Protection INSURANCE (Michigan only) Insurance Endorsement. AUTO MEDICAL PAYMENTS 02 $ or the limit separately stated for $ 3,936.00 each "auto" in ITEM THREE. UNINSURED MOTORISTS 02 $ $ 5,381.00 SEE FORM HA2102 OR STATE FORM(S) UNDERINSURED MOTORISTS $ (When not included in Uninsured Motorist Coverage) Form HA 00 25 03 02 Page 2 of 4 • S COMMERCIAL AUTOMOBILE COVERAGE PART-DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 UEN IL4406 ITEM TWO-SCHEDULE OF COVERAGES AND COVERED AUTOS(Continued) Limit m Coverages Covered The Most We Will Pay for Any One Advance Premium M Autos Accident or Loss PHYSICAL DAMAGE See ITEM FOUR for hired or borrowed "autos". o COMPREHENSIVE 07, Actual Cash Value, Cost of Repair, or the Stated $ 1,128.00 o COVERAGE 08 Amount shown in ITEM THREE, whichever is o smallest, minus any deductible shown in ITEM cr THREE for each covered "auto". p. SPECIFIED CAUSES OF Actual Cash Value, Cost of Repair, or the Stated LOSS COVERAGE Amount shown in ITEM THREE, whichever is o smallest, minus $ deductible for o each covered "auto" for"loss" caused by mischief or vandalism. COLLISION COVERAGE 07, Actual Cash Value, Cost of Repair, or the Stated $ 3,335.00 08 Amount shown in ITEM THREE, whichever is smallest, minus any deductible shown in ITEM THREE for each covered "auto". TOWING AND LABOR $ or the amount separately stated for each "auto" in ITEM THREE, whichever is greater, for each disablement. • Endorsement Premium $ 741.00 (Not included above) TOTAL ADVANCE PREMIUM: $ 52,536.00 Form HA 00 25 03 02 Page 3 of 4 • • COMMERCIAL AUTOMOBILE COVERAGE PART-DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 UEN IL4406 ITEM THREE-SCHEDULE OF COVERED AUTOS YOU OWN Applicable only if"Schedule of Covered Autos You Own" is issued to form a part of this Coverage Form. FORM HA0012 ATTACHED ITEM FOUR-SCHEDULE OF HIRED OR BORROWED AUTO COVERAGE AND PREMIUMS LIABILITY COVERAGE RATING BASIS IS COST OF HIRE. Cost of hire means the total amount you incur for the hire of"autos" you don't own (not including "autos" you borrow or rent from your partners or"employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. State Estimated Cost of Hire Rate Per Each$100 Cost of Hire Advance Premium IF ANY 1.494 $ 48.00 MP TOTAL ADVANCE PREMIUM: $ 48.00 MP ITEM FIVE-SCHEDULE FOR NON-OWNERSHIP LIABILITY Named Insured's Business Rating Basis Number Advance Premium Other than a Social Service Agency Number of Employees 25 $ 74.00 Number of Partners Social Service Agency Number of Employees Number of Volunteers TOTAL ADVANCE PREMIUM: $ 74.00 MP Form HA 00 25 03 02 Page 4 of 4 1 • • SUPPLEMENTARY SCHEDULE FOR COMMERCIAL AUTOMOBILE COVERAGE PART DECLARATIONS BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM (Hired Auto Physical Damage) ITEM FOUR-SCHEDULE OF HIRED OR BORROWED AUTO COVERAGE AND PREMIUMS The Declarations is changed to include the following Coverages: m PHYSICAL DAMAGE COVERAGE co cri Limit Estimated Total Coverages The Most We Will Pay for Any One Type Auto Auto/Days Rate Per Advance Accident or Loss of Hired Autos Auto/Day Premium 0 0 Comprehensive $ 50,000 or Actual Cash Value Private Passenger SEE HA2007 0 or Cost of Repair,whichever is smallest, H minus 500 deductible for each All OtherTypes SEE HA2 007 ro covered auto. Specified $ or Actual Cash Value or Cost of Private Passenger — Causes Repair, whichever is smallest, minus of Loss $ deductible for each covered auto All Other Types for loss caused by mischief or vandalism. Collision $ 50,000 or Actual Cash Value Private Passenger SEE HA2007 or Cost of Repair,whichever is smallest, minus$ 500 deductible for each All Other Types SEE HA2 007 covered auto. TOTAL ADVANCE PREMIUM: Form HA 00 34 02 00 01999 The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1997) • • SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE OF THE DECLARATIONS) POLICY NUMBER: 72 UEN IL4406 Absence, if any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies instead. NO. 00001 88 FORD F250 PU ID NO. 1FTHF25HOJPB56043 GARAGED: GARDENA CA TERR: 015 CLASS: 01481 ORIG. COST NEW: $ 11,288 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10000 COVERAGES: SEQ. NO. 00003 PREMIUMS LIABILITY $ 1,246.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 26.00 COLLISION $ 500 DEDUCTIBLE $ 65.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 NO. 00002 96 FORD PU ID NO. 1FTDR10U6TV808972 GARAGED: GARDENA CA TERR: 015 CLASS: 01481 ORIG. COST NEW: $ 10,555 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 6000 COVERAGES: SEQ. NO. 00008 PREMIUMS LIABILITY $ 1,246.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 26.00 COLLISION $ 500 DEDUCTIBLE $ 65.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 NO. 00003 90 FORD F250 PU ID NO. 2FTHF25GXLCB24762 GARAGED: GARDENA CA TERR: 015 CLASS: 01481 ORIG. COST NEW: $ 10,037 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10000 COVERAGES: SEQ. NO. 00009 PREMIUMS LIABILITY $ 1,246.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 26.00 COLLISION $ 500 DEDUCTIBLE $ 65.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 Form HA 00 12 02 OOT PAGE 1 (CONTINUED ON NEXT PAGE) • SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE OF THE DECLARATIONS) (Continued) POLICY NUMBER: 72 UEN IL4406 Absence, if any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies instead. NO. 00004 95 FORD F250 PU ID NO. 2FTHF25HXSCA00420 GARAGED: GARDENA CA TERR: 015 CLASS: 01481 ORIG. COST NEW: $ 15,102 rn TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10000 COVERAGES: SEQ. NO. 00010 PREMIUMS LIABILITY $ 1,246.00 o AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 29.00 COLLISION $ 500 DEDUCTIBLE $ 76.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 0 0 0 ° NO. 00005 98 FORD F150 PU ID NO. 1FTZX1763WKB79442 GARAGED: OCEANSIDE CA TERR: 042 CLASS: 01481 MMg ORIG. COST NEW: $ 22,483 TAX LOC: ZIP CODE: 92054 RADIUS: L SIZE: 10000 COVERAGES: SEQ. NO. 00013 PREMIUMS LIABILITY $ 717.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 82.00 UNINSURED MOTORISTS $ 129.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 31.00 COLLISION $ 500 DEDUCTIBLE $ 74.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 NO. 00006 00 FORD F350 ID NO. 3FTSW31S2YMA33499 GARAGED: BUENA PARK CA TERR: 086 CLASS: 01481 ORIG. COST NEW: $ 36,103 TAX LOC: ZIP CODE: 90621 RADIUS: L SIZE: 10000 COVERAGES: SEQ. NO. 00016 PREMIUMS LIABILITY $ 980.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 112.00 UNINSURED MOTORISTS $ 129.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 33.00 COLLISION $ 500 DEDUCTIBLE $ 100.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 Form HA 00 12 02 00T PAGE 2 (CONTINUED ON NEXT PAGE) • SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE OF THE DECLARATIONS) (Continued) POLICY NUMBER: 72 UEN IL4406 Absence, if any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies instead. NO. 00007 01 FORD PU ID NO. 1FTNX2OLX1EB28497 GARAGED: BUENA PARK CA TERR: 086 CLASS: 01481 ORIG. COST NEW: $ 25,943 TAX LOC: ZIP CODE: 90621 RADIUS: L SIZE: 10000 COVERAGES: SEQ. NO. 00020 PREMIUMS LIABILITY $ 980.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 112.00 UNINSURED MOTORISTS $ 129.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 36.00 COLLISION $ 500 DEDUCTIBLE $ 109.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 NO. 00008 01 CHEV TAHOE ID NO. 1GNEK13T81R130303 GARAGED: LONG BEACH CA TERR: 015 CLASS: 01481 ORIG. COST NEW: $ 34,428 TAX LOC: ZIP CODE: 90745 RADIUS: L SIZE: 10000 COVERAGES: SEQ. NO. 00021 PREMIUMS LIABILITY $ 1,246.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 44.00 COLLISION $ 500 DEDUCTIBLE $ 133.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 NO. 00009 79 FORD PU ID NO. F6OCVGA1013 GARAGED: CARSON CA TERR: 015 CLASS: 01481 ORIG. COST NEW: $ 1,750 TAX LOC: ZIP CODE: 90745 RADIUS: L SIZE: 5000 COVERAGES: SEQ. NO. 00022 PREMIUMS LIABILITY $ 1,246.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 12.00 COLLISION $ 500 DEDUCTIBLE $ 27.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 Form HA 00 12 02 00T PAGE 3 (CONTINUED ON NEXT PAGE) • SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE OF THE DECLARATIONS) (Continued) POLICY NUMBER: 72 UEN IL4406 Absence, if any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies instead. NO. 00010 03 FORD F250 ID NO. 1FTNF20L03EA24039 GARAGED: GARDENA CA TERR: 015 CLASS: 01481 ORIG. COST NEW: $ 21,120 m TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 8800 COVERAGES: SEQ. NO. 00033 PREMIUMS LIABILITY $ 1,246.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 47.00 COLLISION $ 500 DEDUCTIBLE $ 130.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 ° NO. 00011 98 FORD F250 ID NO. 1FTRF2765WKB97983 GARAGED: GARDENA CA TERR: 015 CLASS: 01481 MM- E ORIG. COST NEW: $ 16,710 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 6600 COVERAGES: SEQ. NO. 00036 PREMIUMS LIABILITY $ 1,246.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 34.00 COLLISION $ 500 DEDUCTIBLE $ 91.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 - NO. 00012 98 FORD F250 ID NO. 1FTRF2761WKB98001 - GARAGED: GARDENA CA TERR: 015 CLASS: 01481 - ORIG. COST NEW: $ 16,710 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 6600 COVERAGES: SEQ. NO. 00037 PREMIUMS LIABILITY $ 1,246.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 34.00 COLLISION $ 500 DEDUCTIBLE $ 91.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 Form HA 00 12 02 00T PAGE 4 (CONTINUED ON NEXT PAGE) • • SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE OF THE DECLARATIONS) (Continued) POLICY NUMBER: 72 UEN IL4406 Absence, if any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies instead. NO. 00013 99 FORD F250 ID NO. 1FTNF20L3XEA72141 GARAGED: GARDENA CA TERR: 015 CLASS: 01481 ORIG. COST NEW: $ 16,290 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 7700 COVERAGES: SEQ. NO. 00038 PREMIUMS LIABILITY $ 1,246.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 34.00 COLLISION $ 500 DEDUCTIBLE $ 91.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 NO. 00014 95 GMC ID NO. 1GDM7H1J3SJ509186 GARAGED: LONG BEACH CA TERR: 014 CLASS: 31481 ORIG. COST NEW: $ 30,000 TAX LOC: ZIP CODE: 90814 RADIUS: L SIZE: 21200 COVERAGES: SEQ. NO. 00039 PREMIUMS LIABILITY $ 1,177.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 116.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 27.00 COLLISION $ 500 DEDUCTIBLE $ 68.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 NO. 00015 03 FORD F150 ID NO. 1FTRX17W23NB15807 GARAGED: SAN BERNARDINO CA TERR: 059 CLASS: 01481 ORIG. COST NEW: $ 21,365 TAX LOC: ZIP CODE: 92402 RADIUS: L SIZE: 6050 COVERAGES: SEQ. NO. 00041 PREMIUMS LIABILITY $ 898.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 102.00 UNINSURED MOTORISTS $ 129.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 39.00 COLLISION $ 500 DEDUCTIBLE $ 113.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 Form HA 00 12 02 OOT PAGE 5 (CONTINUED ON NEXT PAGE) • • • SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE OF THE DECLARATIONS) (Continued) POLICY NUMBER: 72 UEN IL4406 Absence, if any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies instead. NO. 00016 06 CHEV SILVERADO ID NO. 1GCHC24U46E113285 GARAGED: LONG BEACH CA TERR: 014 CLASS: 01481 ORIG. COST NEW: $ 20,250 N a LESSOR NO. 01 c+i TAX LOC: ZIP CODE: 90814 RADIUS: L SIZE: 10000 COVERAGES: SEQ. NO. 00049 PREMIUMS LIABILITY $ 1,068.00 0 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 116.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 57.00 0 COLLISION $ 500 DEDUCTIBLE $ 154.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 0 0 NO. 00017 81 CHEV WELDING ID NO. 1GBHC34W6BV144253 mom GARAGED: GARDENA CA TERR: 015 CLASS: 21481 MMM ORIG. COST NEW: $ 25,000 MEE TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10001 mom COVERAGES: SEQ. NO. 00052 PREMIUMS LIABILITY $ 1,305.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 25.00 COLLISION $ 500 DEDUCTIBLE $ 64.00 — NO. 00018 88 FORD WELDING ID NO. 2FDLF47M6JCA05110 GARAGED: GARDENA CA TERR: 015 CLASS: 21481 ORIG. COST NEW: $ 14,173 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10001 mmm COVERAGES: SEQ. NO. 00053 PREMIUMS LIABILITY $ 1,305.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 20.00 COLLISION $ 500 DEDUCTIBLE $ 50.00 Form HA 00 12 02 OOT PAGE 6 (CONTINUED ON NEXT PAGE) ® • SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE OF THE DECLARATIONS) (Continued) POLICY NUMBER: 72 UEN IL4406 Absence, if any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies instead. NO. 00019 89 FORD BOOM ID NO. 1FDXK84A4KVA19243 GARAGED: SAN PEDRO CA TERR: 013 CLASS: 31481 ORIG. COST NEW: $ 30,000 TAX LOC: ZIP CODE: 90731 RADIUS: L SIZE: 24500 COVERAGES: SEQ. NO. 00054 PREMIUMS LIABILITY $ 1,195.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 119.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 21.00 COLLISION $ 500 DEDUCTIBLE $ 70.00 NO. 00020 86 FORD F350 ID NO. 1FDKF37L5GPA50172 GARAGED: GARDENA CA TERR: 015 CLASS: 21481 ORIG. COST NEW: $ 10,117 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10001 COVERAGES: SEQ. NO. 00055 PREMIUMS LIABILITY $ 1,305.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 20.00 COLLISION $ 500 DEDUCTIBLE $ 50.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 NO. 00021 06 CHEV SILVERADO ID NO. 1GCHC24U26E120753 GARAGED: GARDENA CA TERR: 015 CLASS: 21481 ORIG. COST NEW: $ 22,661 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10001 COVERAGES: SEQ. NO. 00056 PREMIUMS LIABILITY $ 1,305.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 40.00 COLLISION $ 500 DEDUCTIBLE $ 124.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 Form HA 00 12 02 OOT PAGE 7 (CONTINUED ON NEXT PAGE) S • SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE OF THE DECLARATIONS) (Continued) POLICY NUMBER: 72 UEN IL4406 Absence, if any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies instead. NO. 00022 06 FORD F250 ID NO. 1FTNF20576EB74008 GARAGED: GARDENA CA TERR: 015 CLASS: 21481 ORIG. COST NEW: $ 26,070 m TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10001 M VI COVERAGES: SEQ. NO. 00057 PREMIUMS LIABILITY $ 1,305.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 0 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 44.00 Tr COLLISION $ 500 DEDUCTIBLE $ 156.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 0 0 0 ° NO. 00023 06 CHEV SILVERADO ID NO. 1GCHC24U86E116321 GARAGED: LONG BEACH CA TERR: 014 CLASS: 01481 MET ORIG. COST NEW: $ 22,661 TAX LOC: ZIP CODE: 90814 RADIUS: L SIZE: 10000 5EmE COVERAGES: SEQ. NO. 00058 PREMIUMS LIABILITY $ 1,027.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 116.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 55.00 COLLISION $ 500 DEDUCTIBLE $ 150.00 - NO. 00024 06 MERCED ML500 ID NO. 4JGBB75E96A067484 - GARAGED: PALOS VERDES CA TERR: 017 CLASS: 73984 ORIG. COST NEW: $ 47,333 USE: PPT - TAX LOC: ZIP CODE: 90274 ggg COVERAGES: SEQ. NO. 00059 PREMIUMS LIABILITY $ 651.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 44.00 UNINSURED MOTORISTS $ 215.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 41.00 COLLISION $ 500 DEDUCTIBLE $ 230.00 ENDORSEMENT PREMIUM WAIVER OF COLLISION DEDUCTIBLE $ 6.00 Form HA 00 12 02 OOT PAGE 8 (CONTINUED ON NEXT PAGE) SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE OF THE DECLARATIONS) (Continued) POLICY NUMBER: 72 UEN IL4406 Absence, if any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies instead. NO. 00025 93 FREIGH FLATBED TRAILER ID NO. 1FV6HFBAXPL476099 GARAGED: GARDENA CA TERR: 015 CLASS: 68481 ORIG. COST NEW: $ 20,653 TAX LOC: ZIP CODE: 90248 RADIUS: L COVERAGES: SEQ. NO. 00060 PREMIUMS LIABILITY $ 119.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 14.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 15.00 COLLISION $ 500 DEDUCTIBLE $ 40.00 NO. 00026 04 FORD F150 ID NO. 1FTPX14504NB64847 GARAGED: GARDENA CA TERR: 015 CLASS: 01481 ORIG. COST NEW: $ 27,999 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10000 COVERAGES: SEQ. NO. 00061 PREMIUMS LIABILITY $ 1,246.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 53.00 COLLISION $ 500 DEDUCTIBLE $ 164.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 NO. 00027 08 FORD ID NO. 1FTNF20528EA52322 GARAGED: GARDENA CA TERR: 015 CLASS: 03481 ORIG. COST NEW: $ 22,792 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10000 COVERAGES: SEQ. NO. 00062 PREMIUMS LIABILITY $ 1,661.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 59.00 COLLISION $ 500 DEDUCTIBLE $ 183.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 Form HA 00 12 02 OOT PAGE 9 (CONTINUED ON NEXT PAGE) • SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE OF THE DECLARATIONS) (Continued) POLICY NUMBER: 72 UEN IL4406 Absence, if any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies instead. NO. 00028 08 FORD ID NO. 1FTNF20558EB27028 GARAGED: GARDENA CA TERR: 015 CLASS: 03481 ORIG. COST NEW: $ 21,615 m TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10000 M r1 COVERAGES: SEQ. NO. 00063 PREMIUMS LIABILITY $ 1,661.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 59.00 COLLISION $ 500 DEDUCTIBLE $ 183.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 0 0 0 r1 ° NO. 00029 03 FORD ID NO. 1FTNF20L23EB72337 GARAGED: GARDENA CA TERR: 015 CLASS: 03481 mm- m ORIG. COST NEW: $ 21,120 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10000 COVERAGES: SEQ. NO. 00064 PREMIUMS LIABILITY $ 1,661.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 47.00 COLLISION $ 500 DEDUCTIBLE $ 128.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 - NO. 00030 07 FORD ID NO. 1FTRX12W07FB64639 - GARAGED: GARDENA CA TERR: 015 CLASS: 03481 MM- M ORIG. COST NEW: $ 20,890 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 10000 - COVERAGES: SEQ. NO. 00065 PREMIUMS LIABILITY $ 1,661.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 59.00 COLLISION $ 500 DEDUCTIBLE $ 183.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 Form HA 00 12 02 OOT PAGE 10 (CONTINUED ON NEXT PAGE) • S SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE OF THE DECLARATIONS) (Continued) POLICY NUMBER: 72 UEN IL4406 Absence, if any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies instead. NO. 00031 01 INTL 4700 ID NO. 1HTSCABN71H403011 GARAGED: GARDENA CA TERR: 015 CLASS: 33481 ORIG. COST NEW: $ 28,145 TAX LOC: ZIP CODE: 90248 RADIUS: L SIZE: 21500 COVERAGES: SEQ. NO. 00066 PREMIUMS LIABILITY $ 1,924.00 AUTO MEDICAL PAYMENTS $ 5,000 EACH "INSURED" $ 143.00 UNINSURED MOTORISTS $ 186.00 COMPREHENSIVE $ 500 DEDUCTIBLE $ 35.00 COLLISION $ 500 DEDUCTIBLE $ 108.00 ENDORSEMENT PREMIUM RENTAL REIMBURSEMENT $ 16.00 Form HA 00 12 02 00T PAGE 11 • Quick Reference Commercial Auto Coverage Part Business Auto Coverage Form READ YOUR POLICY CAREFULLY BUSINESS AUTO COVERAGE FORM DECLARATIONS o Named Insured And Address o Coverages, Covered Autos And Limits Of Insurance o Rating Exposures, Rates And Estimated Premium BUSINESS AUTO COVERAGE FORM Beginning on Page Beginning on Page PREAMBLE SECTION IV-Business Auto Conditions o Definitions of"You"and"We" 1 o Loss Conditions - Appraisal For Physical Damage Loss 7 SECTION I -Covered Autos - Duties in The Event of Accident, Claim, o Description of Covered Auto Designation Suit or Loss 7 Symbols 1 - Legal Action Against Us 8 o Owned Autos You Acquire After the Policy Begins 2 - Loss Payment-Physical Damage Coverages 8 o Certain Trailers, Mobile Equipment And Temporary Substitute Autos 2 - Transfer Of Rights Of Recovery Against Others To Us 8 SECTION II -Liability Coverage o General Conditions o Coverage 2 - Bankruptcy 8 o Who Is An Insured 2 - Concealment, Misrepresentation Or Fraud ..8 o Coverage Extensions - Liberalization 8 Supplementary Payments 3 - No Benefit To Bailee- Physical Damage Coverages 8 - Out of State Coverage Extensions 3 - Other Insurance 8 o Exclusions 3 - Premium Audit 9 o Limit of Insurance 5 - Policy Period, Coverage Territory 9 SECTION III -Physical Damage Coverage - Two Or More Coverage Forms Or Policies Issued By Us 9 o Coverage 5 o Exclusions 6 SECTION V-Definitions 9 o Limit of Insurance 7 o Deductible 7 Form HA 00 04 03 02 0 2001,The Hartford(Includes copyrighted material of ISO Properties,Inc.,with its permission.) • • • COMMERCIAL AUTO CA 00 01 10 01 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" following numerical symbols describe the "autos"that refer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the Company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any"Auto" 2 Owned "Autos" Only those"autos"you own (and for Liability Coverage any"trailers"you don't own Only while attached to power units you own).This includes those"autos"you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger"autos"you own.This includes those private passenger Passenger "autos"you acquire ownership of after the policy begins. "Autos" Only 4 Owned"Autos" Only those"autos"you own that are not of the private passenger type (and for Liabil- Other Than Pri- ity Coverage any"trailers"you don't own while attached to power units you own). vate Passenger This includes those"autos" not of the private passenger type you acquire ownership "Autos" Only of after the policy begins. 5 Owned "Autos" Only those"autos"you own that are required to have No-Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those"autos"you ac- Fault quire ownership of after the policy begins provided they are required to have No-Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those"autos"you own that because of the law in the state where they are Ii- Subject To A censed or principally garaged are required to have and cannot reject Uninsured Mo- Compulsory Un- torists Coverage. This includes those"autos"you acquire ownership of after the pol- insured Motorists icy begins provided they are subject to the same state uninsured motorists require- Law ment. 7 Specifically De- Only those"autos"described in Item Three of the Declarations for which a premium scribed "Autos" charge is shown (and for Liability Coverage any"trailers"you don't own while at- tached to any power unit described in Item Three). 8 Hired "Autos" Only those"autos"you lease, hire, rent or borrow. This does not include any"auto" Only you lease, hire, rent, or borrow from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company)or members of their households. 9 Nonowned Only those"autos"you do not own, lease, hire, rent or borrow that are used in con- "Autos" Only nection with your business. This includes"autos"owned by your"employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. CA 00 01 10 01 ©ISO Properties, Inc., 2000 Page 1 of 11 • • B. Owned Autos You Acquire After The Policy We will also pay all sums an "insured" legally must Begins pay as a "covered pollution cost or expense" to 1. If Symbols 1, 2, 3, 4, 5 or 6 are entered next to which this insurance applies, caused by an "acci- a coverage in Item Two of the Declarations, then dent" and resulting from the ownership, mainte you have coverage for "autos" that you acquire Hance or use of covered "autos". However, we will of the type described for the remainder of the only pay for the "covered pollution cost or expense" policy period. if there is either"bodily injury" or"property damage" to which this insurance applies that is caused by 2. But, if Symbol 7 is entered next to a coverage in the same"accident". Item Two of the Declarations, an "auto" you ac- quire will be a covered "auto" for that coverage We have the right and duty to defend any "insured" only if: against a "suit" asking for such damages or a "cov- ered pollution cost or expense". However, we have a. We already cover all"autos"that you own for no duty to defend any "insured" against a "suit" that coverage or it replaces an "auto" you seeking damages for "bodily injury" or "property previously owned that had that coverage; and damage"or a "covered pollution cost or expense"to b. You tell us within 30 days after you acquire it which this insurance does not apply. We may h- that you want us to cover it for that coverage. vestigate and settle any claim or "suit" as we con- C. Certain Trailers, Mobile Equipment And sider appropriate. Our duty to defend or settle ends Temporary Substitute Autos when the Liability Coverage Limit of Insurance has If Liability Coverage is provided by this Coverage been exhausted by payment of judgments or set- Form, the following types of vehicles are also cov- ered"autos"for Liability Coverage: 1. Who Is An Insured 1. 'Trailers" with a load capacity of 2,000 pounds The following are"insureds": or less designed primarily for travel on public a. You for any covered"auto". roads. b. Anyone else while using with your permis- 2. "Mobile equipment" while being carried or towed sion a covered"auto"you own, hire or borrow by a covered"auto". except: 3. Any "auto" you do not own while used with the (1) The owner or anyone else from whom you permission of its owner as a temporary substi- hire or borrow a covered "auto". This ec- tate for a covered "auto" you own that is out of ception does not apply if the covered service because of its: "auto" is a "trailer" connected to a cov- a. Breakdown; ered "auto"you own. b. Repair; (2) Your "employee" if the covered "auto" is c. Servicing; owned by that "employee" or a member g; of his or her household. d. "Loss"; or (3) Someone using a covered "auto"while he e. Destruction. or she is working in a business of selling, SECTION II—LIABILITY COVERAGE servicing, repairing, parking or storing A. Coverage "autos" unless that business is yours. (4) Anyone other than your "employees", We will pay all sums an "insured" legally must pay partners (if you are a partnership), as damages because of"bodily injury" or "property bers (if you are a limited liability corn- damage" to which this insurance applies, caused pany), or a lessee or borrower or any of by an "accident" and resulting from the ownership, their "employees", while moving property maintenance or use of a covered "auto". to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. Page 2 of 11 ©ISO Properties, Inc., 2000 CA 00 01 10 01 • c. Anyone liable for the conduct of an "insured" B. Exclusions described above but only to the extent of that This insurance does not apply to any of the follow- liability. ing: 2. Coverage Extensions 1. Expected Or Intended Injury a. Supplementary Payments "Bodily injury"or"property damage" expected or In addition to the Limit of Insurance, we will intended from the standpoint of the"insured". pay for the"insured": 2. Contractual (1) All expenses we incur. Liability assumed under any contract or agree- (2) Up to $2,000 for cost of bail bonds (in- ment. cluding bonds for related traffic law viola- But this exclusion does not apply to liability for tions) required because of an "accident" damages: we cover. We do not have to furnish these bonds. a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily (3) The cost of bonds to release attachments injury" or "property damage" occurs subse- in any "suit" against the "insured" we quent to the execution of the contract or defend, but only for bond amounts within agreement; or our Limit of Insurance. b. That the"insured"would have in the absence (4) All reasonable expenses incurred by the of the contract or agreement. "insured" at our request, including actual loss of earnings up to $250 a day be- 3. Workers' Compensation cause of time off from work. Any obligation for which the "insured" or the In- (5) All costs taxed against the "insured" in sured's" insurer may be held liable under any any "suit" against the "insured" we workers' compensation, disability benefits or m- fend. employment compensation law or any similar law. (6) All interest on the full amount of any judgment that accrues after entry of the 4. Employee Indemnification And Employer's judgment in any "suit" against the "in- Liability sured" we defend, but our duty to pay in- "Bodily injury"to: terest ends when we have paid, offered to a. An "employee" of the "insured" arising out of pay or deposited in court the part of the and in the course of: judgment that is within our Limit of Insur- ance. (1) Employment by the"insured"; or b. Out-Of-State Coverage Extensions (2) Performing the duties related to the con- duct of the"insured's"business; or While a covered "auto" is away from the state where it is licensed we will: b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Para- (1) Increase the Limit of Insurance for Liabil- graph a. above. ity Coverage to meet the limits specified by a compulsory or financial responsibil- This exclusion applies: ity law of the jurisdiction where the coy- (1) Whether the "insured" may be liable as ered "auto" is being used. This extension an employer or in any other capacity; and does not apply to the limit or limits (2) To any obligation to share damages with specified by any law governing motor car- or repay someone else who must pay riers of passengers or property. damages because of the injury. (2) Provide the minimum amounts and types But this exclusion does not apply to "bodily n- of other coverages, such as no-fault, ie- jury" to domestic "employees" not entitled to quired of out-of-state vehicles by the p- workers' compensation benefits or to liability as- risdiction where the covered "auto" is sumed by the "insured" under an "insured con- being used. tract". For the purposes of the Coverage Form, a We will not pay anyone more than once for domestic "employee" is a person engaged in the same elements of loss because of these household or domestic work performed princi- extensions. pally in connection with a residence premises. CA 00 01 10 01 © ISO Properties, Inc., 2000 Page 3 of 11 • • 5. Fellow Employee (2) When all of the work to be done at the "Bodily injury" to any fellow "employee" of the site has been completed if your contract "insured" arising out of and in the course of the calls for work at more than one site. fellow "employee's" employment or while per- (3) When that part of the work done at a job forming duties related to the conduct of your site has been put to its intended use by business. any person or organization other than m- 6. Care, Custody Or Control other contractor or subcontractor working on the same project. "Property damage" to or "covered pollution cost or expense" involving property owned or trans- Work that may need service, maintenance, ported by the "insured" or in the "insured's" correction, repair or replacement, but which care, custody or control. But this exclusion is otherwise complete, will be treated as does not apply to liability assumed under a side- completed. track agreement. 11. Pollution 7. Handling Of Property "Bodily injury" or "property damage" arising out "Bodily injury" or "property damage" resulting of the actual, alleged or threatened discharge, from the handling of property: dispersal, seepage, migration, release or es- cape of"pollutants": a. Before it is moved from the place where it is accepted by the "insured" for movement into a. That are, or that are contained in any prop- or onto the covered"auto"; or erty that is: b. After it is moved from the covered "auto" to (1) Being transported or towed by, handled, the place where it is finally delivered by the or handled for movement into, onto or "insured". from, the covered"auto"; 8. Movement Of Property By Mechanical (2) Otherwise in the course of transit by or Device on behalf of the"insured"; or "Bodily injury" or "property damage" resulting (3) Being stored, disposed of, treated or from the movement of property by a mechanical processed in or upon the covered"auto"; device (other than a hand truck) unless the cb- b. Before the "pollutants" or any property in vice is attached to the covered "auto". which the "pollutants" are contained are 9. Operations moved from the place where they are ac- cepted by the "insured" for movement into or "Bodily injury" or "property damage" arising out onto the covered"auto"; or of the operation of any equipment listed in Para- graphs 6.b. and 6.c. of the definition of "mobile c. After the "pollutants" or any property in equipment". which the "pollutants" are contained are 10. Completed Operations moved from the covered "auto" to the place p p where they are finally delivered, disposed of "Bodily injury" or "property damage" arising out or abandoned by the"insured". of your work after that work has been completed Paragraph a. above does not apply to fuels, or abandoned. lubricants, fluids, exhaust gases or other In this exclusion, your work means: similar "pollutants" that are needed for or re- a. Work or operations performed by you or on suit from the normal electrical, hydraulic or your behalf; and mechanical functioning of the covered "auto" b. Materials, parts or equipment furnished in or its parts, if: connection with such work or operations. (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released Your work includes warranties or representa- tions made at any time with respect to the fit- directly from an "auto" part designed by its manufacturer to hold, store, receive or ness, quality, durability or performance of any of dispose of such "pollutants"; and the items included in Paragraphs a. or b. above. (2) The "bodily injury", "property damage" or Your work will be deemed completed at the ear- "covered pollution cost or expense" does liest of the following times: not arise out of the operation of any (1) When all of the work called for in your equipment listed in Paragraphs 6.b. and contract has been completed. 6.c. of the definition of "mobile equip- ment". Page 4 of 11 © ISO Properties, Inc., 2000 CA 00 01 10 01 • • Paragraphs b. and c. above of this exclusion SECTION III—PHYSICAL DAMAGE COVERAGE do not apply to "accidents" that occur away A. Coverage from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or 1. We will pay for "loss" to a covered "auto" or its upon a covered"auto" if: equipment under: (1) The "pollutants" or any property in which a. Comprehensive Coverage the "pollutants" are contained are upset, From any cause except: overturned or damaged as a result of the (1) The covered "auto's" collision with an- maintenance or use of a covered "auto"; other object; or and (2) The covered"auto's"overturn. (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- b. Specified Causes Of Loss Coverage ants" is caused directly by such upset, Caused by: overturn or damage. (1) Fire, lightning or explosion; 12. War (2) Theft; "Bodily injury" or"property damage" due to war, (3) Windstorm, hail or earthquake; whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- (4) Flood; tion, rebellion or revolution. This exclusion q:•- (5) Mischief or vandalism; or plies only to liability assumed under a contract (6) The sinking, burning, collision or derail- or agreement. ment of any conveyance transporting the 13. Racing covered "auto". Covered "autos" while used in any professional c. Collision Coverage or organized racing or demolition contest or Caused by: stunting activity, or while practicing for such contest or activity. This insurance also does not (1) The covered "auto's" collision with an- apply while that covered"auto"is being prepared other object; or for such a contest or activity. (2) The covered"auto's"overturn. C. Limit Of Insurance 2. Towing Regardless of the number of covered "autos", 'In- We will pay up to the limit shown in the Declara- sureds", premiums paid, claims made or vehicles tions for towing and labor costs incurred each involved in the "accident", the most we will pay for time a covered "auto" of the private passenger the total of all damages and "covered pollution cost type is disabled. However, the labor must be or expense" combined, resulting from any one "ac- performed at the place of disablement. cident" is the Limit of Insurance for Liability Cover- 3. Glass Breakage—Hitting A Bird Or Animal — age shown in the Declarations. Falling Objects Or Missiles All "bodily injury", "property damage" and "covered If you carry Comprehensive Coverage for the pollution cost or expense" resulting from continuous damaged covered "auto", we will pay for the fol- or repeated exposure to substantially the same lowing under Comprehensive Coverage: conditions will be considered as resulting from one "accident". a. Glass breakage; No one will be entitled to receive duplicate pay- b. "Loss" caused by hitting a bird or animal; ments for the same elements of "loss" under this and Coverage Form and any Medical Payments Cover- c. "Loss" caused by falling objects or missiles. age Endorsement, Uninsured Motorists Coverage However, you have the option of having glass Endorsement or Underinsured Motorists Coverage breakage caused by a covered "auto's" collision Endorsement attached to this Coverage Part. or overturn considered a "loss" under Collision Coverage. CA 00 01 10 01 © ISO Properties, Inc., 2000 Page 5 of 11 • 4. Coverage Extensions b. War Or Military Action a. Transportation Expenses (1) War, including undeclared or civil war; We will pay up to $20 per day to a maximum (2) Warlike action by a military force, in- of$600 for temporary transportation expense cluding action in hindering or defending incurred by you because of the total theft of against an actual or expected attack, by a covered "auto" of the private passenger any government, sovereign or other type. We will pay only for those covered authority using military personnel or other "autos" for which you carry either Compre- agents; or hensive or Specified Causes of Loss Cover- (3) Insurrection, rebellion, revolution, usurped age. We will pay for temporary transportation power or action taken by governmental expenses incurred during the period begin- authority in hindering or defending against ning 48 hours after the theft and ending, e- any of these. gardless of the policy's expiration, when the covered "auto" is returned to use or we pay 2. We will not pay for "loss" to any covered "auto" for its "loss". while used in any professional or organized rac- ing or demolition contest or stunting activity, or b. Loss Of Use Expenses while practicing for such contest or activity. We For Hired Auto Physical Damage, we will will also not pay for"loss" to any covered "auto" pay expenses for which an "insured" be- while that covered "auto" is being prepared for comes legally responsible to pay for loss of such a contest or activity. use of a vehicle rented or hired without a 3. We will not pay for"loss" caused by or resulting driver, under a written rental contract or from any of the following unless caused by other agreement. We will pay for loss of use ec- "loss"that is covered by this insurance: penses if caused by: (1) Other than collision only if the Declare- a. Wear and tear, freezing, mechanical or elec- trical breakdown. tions indicate that Comprehensive Cover- age is provided for any covered"auto"; b. Blowouts, punctures or other road damage to tires. (2) Specified Causes Of Loss only if the Declarations indicate that Specified 4. We will not pay for"loss"to any of the following: Causes Of Loss Coverage is provided for a. Tapes, records, discs or other similar audio, any covered "auto"; or visual or data electronic devices designed for (3) Collision only if the Declarations indicate use with audio, visual or data electronic that Collision Coverage is provided for any equipment. covered"auto". b. Any device designed or used to detect speed However, the most we will pay for any ec- measuring equipment such as radar or laser penses for loss of use is $20 per day, to a detectors and any jamming apparatus in- maximum of$600. tended to elude or disrupt speed measure- B. Exclusions ment equipment. 1. We will not pay for"loss" caused by or resulting c. Any electronic equipment, without regard to whether this equipment is permanently in- from any of the following. Such "loss" is ex- stalled, that receives or transmits audio, vi s- cluded regardless of any other cause or event ual or data signals and that is not designed that contributes concurrently or in any sequence solely for the reproduction of sound. to the "loss". a. Nuclear Hazard d. Any accessories used with the electronic equipment described in Paragraph c. above. (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. Page 6 of 11 © ISO Properties, Inc., 2000 CA 00 01 10 01 • S Exclusions 4.c. and 4.d. do not apply to: SECTION IV—BUSINESS AUTO CONDITIONS a. Equipment designed solely for the reproduc- The following conditions apply in addition to the Corn- tion of sound and accessories used with mon Policy Conditions: such equipment, provided such equipment is A. Loss Conditions permanently installed in the covered "auto" at the time of the "loss" or such equipment 1. Appraisal For Physical Damage Loss is removable from a housing unit which is If you and we disagree on the amount of"loss", permanently installed in the covered "auto" either may demand an appraisal of the"loss". In at the time of the "loss", and such equip- this event, each party will select a competent ment is designed to be solely operated by appraiser. The two appraisers will select a corn- use of the power from the "auto's" electrical petent and impartial umpire. The appraisers will system, in or upon the covered "auto"; or state separately the actual cash value and b. Any other electronic equipment that is: amount of "loss". If they fail to agree, they will submit their differences to the umpire. A deci- (1) Necessary for the normal operation of the sion agreed to by any two will be binding. Each covered "auto" or the monitoring of the party will: covered"auto's" operating system; or (2) An integral part of the same unit housing a. Pay its chosen appraiser; and any sound reproducing equipment de- b. Bear the other expenses of the appraisal and scribed in a. above and permanently h- umpire equally. stalled in the opening of the dash or con- If we submit to an appraisal, we will still retain sole of the covered "auto" normally used our right to deny the claim. by the manufacturer for installation of a 2. Duties In The Event Of Accident, Claim, Suit radio. Or Loss 5. We will not pay for "loss" to a covered "auto" We have no duty to provide coverage under this due to"diminution in value". policy unless there has been full compliance C. Limit Of Insurance with the following duties: 1. The most we will pay for "loss" in any one "ac- a. In the event of "accident", claim, "suit" or cident" is the lesser of: "loss", you must give us or our authorized a. The actual cash value of the damaged or representative prompt notice of the "acci- stolen property as of the time of the "loss"; dent"or"loss". Include: or (1) How, when and where the "accident" or b. The cost of repairing or replacing the dam- "loss"occurred; aged or stolen property with other property of (2) The"insured's" name and address; and like kind and quality. (3) To the extent possible, the names and 2. An adjustment for depreciation and physical addresses of any injured persons and condition will be made in determining actual witnesses. cash value in the event of a total"loss". b. Additionally, you and any other involved "in- 3. If a repair or replacement results in better than sured" must: like kind or quality, we will not pay for the (1) Assume no obligation, make no payment amount of the betterment. or incur no expense without our consent, D. Deductible except at the"insured's"own cost. For each covered "auto", our obligation to pay for, (2) Immediately send us copies of any re- repair, return or replace damaged or stolen property quest, demand, order, notice, summons will be reduced by the applicable deductible shown or legal paper received concerning the in the Declarations. Any Comprehensive Coverage claim or"suit". deductible shown in the Declarations does not 47- (3) Cooperate with us in the investigation or ply to"loss"caused by fire or lightning. settlement of the claim or defense against the"suit". (4) Authorize us to obtain medical records or other pertinent information. CA 00 01 10 01 ©ISO Properties, Inc., 2000 Page 7 of 11 Ash • (5) Submit to examination, at our expense, B. General Conditions by physicians of our choice, as often as 1. Bankruptcy we reasonably require. Bankruptcy or insolvency of the "insured" or the c. If there is "loss" to a covered "auto" or its "insured's" estate will not relieve us of any obli- equipment you must also do the following: gations under this Coverage Form. (1) Promptly notify the police if the covered 2. Concealment, Misrepresentation Or Fraud "auto" or any of its equipment is stolen. This Coverage Form is void in any case of fraud (2) Take all reasonable steps to protect the by you at any time as it relates to this Coverage covered "auto" from further damage. Also Form. It is also void if you or any other "in- keep a record of your expenses for con- sured", at any time, intentionally conceal or mis- sideration in the settlement of the claim. represent a material fact concerning: (3) Permit us to inspect the covered "auto" a. This Coverage Form; and records proving the "loss" before its repair or disposition. b. The covered"auto"; (4) Agree to examinations under oath at our c. Your interest in the covered"auto"; or request and give us a signed statement d. A claim under this Coverage Form. of your answers. 3. Liberalization 3. Legal Action Against Us If we revise this Coverage Form to provide more No one may bring a legal action against us in- coverage without additional premium charge, der this Coverage Form until: your policy will automatically provide the addi- a. There has been full compliance with all the tional coverage as of the day the revision is ef- terms of this Coverage Form; and fective in your state. b. Under Liability Coverage, we agree in writing 4. No Benefit To Bailee — Physical Damage that the"insured" has an obligation to pay or Coverages until the amount of that obligation has finally We will not recognize any assignment or grant been determined by judgment after trial. No any coverage for the benefit of any person or ax- one has the right under this policy to bring ganization holding, storing or transporting prop- us into an action to determine the "insured's" erty for a fee regardless of any other provision of liability. this Coverage Form. 4. Loss Payment—Physical Damage 5. Other Insurance Coverages a. For any covered "auto" you own, this Cover- At our option we may: age Form provides primary insurance. For a. Pay for, repair or replace damaged or stolen any covered "auto" you don't own, the insur- property; cess over any other collectible insurance. ance provided by this Coverage Form is ec- b. Return the stolen property, at our expense. However, while a covered "auto" which is a We will pay for any damage that results to "trailer" is connected to another vehicle, the the"auto"from the theft; or Liability Coverage this Coverage Form pro- c. Take all or any part of the damaged or stolen vides for the"trailer" is: property at an agreed or appraised value. (1) Excess while it is connected to a motor If we pay for the "loss", our payment will include vehicle you do not own. the applicable sales tax for the damaged or (2) Primary while it is connected to a cov- stolen property. ered"auto"you own. 5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage, Others To Us any covered "auto" you lease, hire, rent or If any person or organization to or for whom we borrow is deemed to be a covered "auto"you make payment under this Coverage Form has own. However, any "auto" that is leased, rights to recover damages from another, those hired, rented or borrowed with a driver is not rights are transferred to us. That person or a- a covered"auto". ganization must do everything necessary to se- c. Regardless of the provisions of Paragraph a. cure our rights and must do nothing after "acci- above, this Coverage Form's Liability Cove r- dent"or"loss"to impair them. age is primary for any liability assumed en- der an "insured contract". Page 8 of 11 ©ISO Properties, Inc., 2000 CA 00 01 10 01 • d. When this Coverage Form and any other We also cover"loss"to, or"accidents" involving, Coverage Form or policy covers on the same a covered "auto" while being transported be- basis, either excess or primary, we will pay tween any of these places. only our share. Our share is the proportion 8. Two Or More Coverage Forms Or Policies that the Limit of Insurance of our Coverage Issued By Us Form bears to the total of the limits of all the Coverage Forms and policies covering on the If this Coverage Form and any other Coverage same basis. Form or policy issued to you by us or any com- pany Premium Audit pany affiliated with us apply to the same "acci- dent", the aggregate maximum Limit of Insur- a. The estimated premium for this Coverage ance under all the Coverage Forms or policies Form is based on the exposures you told us shall not exceed the highest applicable Limit of you would have when this policy began. We Insurance under any one Coverage Form or pol- will compute the final premium due when we icy. This condition does not apply to any Cove r- determine your actual exposures. The esti- age Form or policy issued by us or an affiliated mated total premium will be credited against company specifically to apply as excess insur- the final premium due and the first Named ance over this Coverage Form. Insured will be billed for the balance, if any. SECTION V—DEFINITIONS The due date for the final premium or retro- spective premium is the date shown as the A. "Accident" includes continuous or repeated expo- due date on the bill. If the estimated total sure to the same conditions resulting in "bodily h- premium exceeds the final premium due, the jury" or"property damage". first Named Insured will get a refund. B. "Auto" means a land motor vehicle, "trailer"or semi- b. If this policy is issued for more than one trailer designed for travel on public roads but does year, the premium for this Coverage Form not include"mobile equipment". will be computed annually based on our C. "Bodily injury" means bodily injury, sickness or dis- rates or premiums in effect at the beginning ease sustained by a person including death result- of each year of the policy. ing from any of these. 7. Policy Period, Coverage Territory D. "Covered pollution cost or expense" means any Under this Coverage Form, we cover"accidents" cost or expense arising out of: and "losses"occurring: 1. Any request, demand, order or statutory or a. During the policy period shown in the Decla- regulatory requirement; or rations; and 2. Any claim or "suit" by or on behalf of a govern- b. Within the coverage territory. mental authority demanding The coverage territory is: that the "insured" or others test for, monitor, clean a. The United States of America; up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of b. The territories and possessions of the United "pollutants". States of America; "Covered pollution cost or expense" does not in- c. Puerto Rico; dude any cost or expense arising out of the actual, d. Canada; and alleged or threatened discharge, dispersal, seep- age, migration, release or escape of"pollutants": e. Anywhere in the world if: a. That are, or that are contained in any prop- (1) A covered "auto" of the private passenger erty that is: type is leased, hired, rented or borrowed without a driver for a period of 30 days or (1) Being transported or towed by, handled, less; and or handled for movement into, onto or from the covered "auto"; (2) The "insured's" responsibility to pay damages is determined in a "suit" on the (2) Otherwise in the course of transit by or merits, in the United States of America, on behalf of the"insured"; the territories and possessions of the (3) Being stored, disposed of, treated or United States of America, Puerto Rico, or processed in or upon the covered"auto"; Canada or in a settlement we agree to. CA 00 01 10 01 ©ISO Properties, Inc., 2000 Page 9 of 11 • • b. Before the "pollutants" or any property in H. "Insured contract" means: which the "pollutants" are contained are 1. A lease of premises; moved from the place where they are ac- cepted by the "insured" for movement into or 2. A sidetrack agreement; onto the covered"auto"; or 3. Any easement or license agreement, except in c. After the "pollutants" or any property in connection with construction or demolition (p- which the "pollutants" are contained are erations on or within 50 feet of a railroad; moved from the covered "auto" to the place 4. An obligation, as required by ordinance, to h- where they are finally delivered, disposed of demnify a municipality, except in connection or abandoned by the"insured". with work for a municipality; Paragraph a. above does not apply to fuels, 5. That part of any other contract or agreement lubricants, fluids, exhaust gases or other pertaining to your business (including an indem- similar "pollutants" that are needed for or le- nification of a municipality in connection with suit from the normal electrical, hydraulic or work performed for a municipality) under which mechanical functioning of the covered "auto" you assume the tort liability of another to pay for or its parts, if: "bodily injury" or "property damage" to a third (1) The "pollutants" escape, seep, migrate, party or organization. Tort liability means a I- or are discharged, dispersed or released ability that would be imposed by law in the a- directly from an "auto" part designed by sense of any contract or agreement; its manufacturer to hold, store, receive or 6. That part of any contract or agreement entered dispose of such "pollutants"; and into, as part of your business, pertaining to the (2) The "bodily injury", "property damage" or rental or lease, by you or any of your "employ- "covered pollution cost or expense" does ees", of any "auto". However, such contract or not arise out of the operation of any agreement shall not be considered an "insured equipment listed in Paragraphs 6.b. or contract" to the extent that it obligates you or 6.c. of the definition of "mobile equip- any of your "employees" to pay for "property ment". damage" to any "auto" rented or leased by you or any of your"employees". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises An "insured contract" does not include that part owned by or rented to an "insured" with ie- of any contract or agreement: spect to"pollutants" not in or upon a covered a. That indemnifies a railroad for "bodily injury" "auto" if: or"property damage" arising out of construc- (1) The "pollutants" or any property in which tion or demolition operations, within 50 feet the "pollutants" are contained are upset, of any railroad property and affecting any rail- overturned or damaged as a result of the road bridge or trestle, tracks, roadbeds, tun- maintenance or use of a covered "auto"; nel, underpass or crossing; or and b. That pertains to the loan, lease or rental of (2) The discharge, dispersal, seepage, mi- an "auto" to you or any of your"employees", gration, release or escape of the "pollut if the "auto" is loaned, leased or rented with ants" is caused directly by such upset, a driver; or overturn or damage. c. That holds a person or organization engaged E. "Diminution in value" means the actual or perceived in the business of transporting property by loss in market value or resale value which results "auto" for hire harmless for your use of a from a direct and accidental"loss". covered "auto" over a route or territory that F. "Employee" includes a "leased worker". "Em- person or organization is authorized to serve by public authority. ployee" does not include a "temporary worker". I. "Leased worker" means a person leased to you by G. "Insured" means any person or organization quali- a labor leasing firm under an agreement between fying as an insured in the Who Is An Insured provi- you and the labor leasing firm, to perform duties le- sion of the applicable coverage. Except with respect lated to the conduct of your business. "Leased to the Limit of Insurance, the coverage afforded 4::1- worker"does not include a "temporary worker". plies separately to each insured who is seeking coverage or against whom a claim or "suit" is J. "Loss" means direct and accidental loss or dam- brought. age. Page 10 of 11 ©ISO Properties, Inc., 2000 CA 00 01 10 01 • • K. "Mobile equipment" means any of the following b. Cherry pickers and similar devices mounted types of land vehicles, including any attached rrn- on automobile or truck chassis and used to chinery or equipment: raise or lower workers; and 1. Bulldozers, farm machinery, forklifts and other c. Air compressors, pumps and generators, vehicles designed for use principally off public including spraying, welding, building clean- roads; ing, geophysical exploration, lighting or well 2. Vehicles maintained for use solely on or next to servicing equipment. premises you own or rent; L. "Pollutants" means any solid, liquid, gaseous or 3. Vehicles that travel on crawler treads; thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and 4. Vehicles, whether self-propelled or not, main- waste. Waste includes materials to be recycled, tained primarily to provide mobility to perma- reconditioned or reclaimed. nently mounted: M. ,Property damage" means damage to or loss of use a. Power cranes, shovels, loaders, diggers or of tangible property. drills; or N. "Suit" means a civil proceeding in which: b. Road construction or resurfacing equipment such as graders, scrapers or rollers. 1. Damages because of"bodily injury" or"property damage"; or 5. Vehicles not described in Paragraphs 1., 2., 3., or 4. above that are not self-propelled and are 2. A"covered pollution cost or expense", maintained primarily to provide mobility to per- to which this insurance applies, are alleged. manently attached equipment of the following "Suit" includes: types: a. An arbitration proceeding in which such a. Air compressors, pumps and generators, damages or "covered pollution costs or Ex- including spraying, welding, building clean- penses" are claimed and to which the "in- ing, geophysical exploration, lighting and sured" must submit or does submit with our well servicing equipment; or consent; or b. Cherry pickers and similar devices used to b. Any other alternative dispute resolution pro- raise or lower workers. ceeding in which such damages or "covered 6. Vehicles not described in Paragraphs 1., 2., 3. pollution costs or expenses"are claimed and or 4. above maintained primarily for purposes to which the insured submits with our con- other than the transportation of persons or sent. cargo. However, self-propelled vehicles with the O. "Temporary worker" means a person who is fur- following types of permanently attached equip- nished to you to substitute for permanent "em- ment are not "mobile equipment" but will be y p ployee" on leave or to meet seasonal or short-term considered "autos": workload conditions. a. Equipment designed primarily for: P. "Trailer" includes semitrailer. (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; CA 00 01 10 01 © ISO Properties, Inc., 2000 Page 11 of 11 • • • POLICY NUMBER: 72 UEN IL4406 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF LIMITS UNINSURED MOTORISTS COVERAGE AND UNDERINSURED MOTORISTS COVERAGE Ln w This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM o TRUCKERS COVERAGE FORM o This endorsement changes the policy effective on the inception date of the policy unless another date is indicated 1O o below. a Endorsement effective o Named Insured Countersigned by 0 0 o (Authorized Representative) The Limit shown in ITEM TWO of the Declarations for Uninsured Motorists Coverage and for Underinsured Motorists Coverage (when not included in Uninsured Motorists Coverage) is replaced by the limits shown below for the state indicated. SCHEDULE COVERAGE LIMIT STATE UNINSURED MOTORISTS $ 1,000 ,000 each "accident" CA $ ,000 each "accident" $ ,000 each "accident" $ ,000 each "accident" $ ,000 each "accident" $ ,000 each "accident" UNDERINSURED $ ,000 each "accident" MOTORISTS (when not included in Uninsured $ ,000 each "accident" Motorists Coverage) $ ,000 each "accident" $ ,000 each "accident" $ ,000 each "accident" $ ,000 each "accident' The state limit shown above completes the limit entry required on the endorsement(s) applicable in the same state. Form HA 21 02 06 92 Printed in U.S.A. • • COMMERCIAL AUTO CA 04 24 05 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA AUTO MEDICAL PAYMENTS COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Coverage 3. "Bodily injury" sustained by any "family We will pay reasonable expenses incurred for member" while "occupying" or struck by any necessary medical and funeral services to or for vehicle (other than a covered "auto")owned by an "insured" who sustains "bodily injury" caused or furnished or available for the regular use of by "accident". We will pay only those expenses any"family member". incurred, for services rendered within three years 4. "Bodily injury"to your"employee"arising out of from the date of the"accident". and in the course of employment by you. B. Who Is An Insured However, we will cover "bodily injury" to your domestic "employees" if not entitled to 1. You while "occupying" or, while a pedestrian, � workers' compensation benefits. For the when struck by any"auto". purposes of this endorsement, a domestic 2. If you are an individual, any "family member" "employee" is a person engaged in household while "occupying" or, while a pedestrian, when or domestic work performed principally in struck by any"auto". connection with a residence premises. 3. Anyone else "occupying" a covered "auto" or a 5. "Bodily injury" to an "insured" while working in temporary substitute for a covered "auto". The a business of selling, servicing, repairing or covered "auto" must be out of service because parking"autos"unless that business is yours. of its breakdown, repair, servicing, loss or 6. "Bodily injury" caused by declared or destruction. undeclared war or insurrection or any of their C. Exclusions consequences. This insurance does not apply to any of the 7. "Bodily injury" to anyone using a vehicle following: without a reasonable belief that the person is 1. "Bodily injury" sustained by an "insured" while entitled to do so. "occupying" a vehicle located for use as a 8. "Bodily injury" sustained by an "insured" while premises. "occupying" any covered "auto" while used in 2. "Bodily injury" sustained by you or any "family any professional racing or demolition contest member" while "occupying" or struck by any or stunting activity, or while practicing for such vehicle (other than a covered "auto")owned by contest or activity. This insurance also does you or furnished or available for your regular not apply to any"bodily injury" sustained by an use. "insured"while the "auto" is being prepared for such a contest or activity. CA 04 24 05 05 ©ISO Properties, Inc., 2004 Page 1 of 2 • • D. Limit Of Insurance F. Additional Definitions Regardless of the number of covered "autos", As used in this endorsement: "insureds", premiums paid, claims made or 1. "Family member" means a person related to vehicles involved in the "accident", the most we you by blood, adoption, marriage or registered will pay for "bodily injury" for each "insured" domestic partnership under California law, who injured in any one "accident" is the Limit Of is a resident of your household, including a Insurance for Auto Medical Payments Coverage ward or foster child. shown in the Declarations. 2. "Occupying" means in, upon, getting in, on, out No one will be entitled to receive duplicate or off. payments for the same elements of "loss" under this coverage and any Liability Coverage Form, Uninsured Motorists Coverage Endorsement or Underinsured Motorists Coverage Endorsement attached to this Coverage Part. E. Changes In Conditions The Conditions are changed for Auto Medical Payments Coverage as follows: 1. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply. 2. The reference in Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance — Primary And Excess Insurance Provisions in the Truckers and Motor Carrier Coverage Forms to "other collectible insurance" applies only to other collectible auto medical payments insurance. Page 2 of 2 ©ISO Properties, Inc., 2004 CA 04 24 05 05 • • POLICY NUMBER: COMMERCIAL AUTO CA 21 54 05 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA UNINSURED MOTORISTS COVERAGE - BODILY INJURY For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: Countersignature Of Authorized Representative Name: Title: Signature: Date: SCHEDULE Limit Of Insurance $ Each"Accident" Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Coverage 3. Any judgment for damages arising out of a 1. We will pay all sums the "insured" is legally "suit" brought without our written consent is not entitled to recover as compensatory damages binding on us. from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the "insured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle". 2. We will pay only after the limits of liability under any liability bonds or policies have been exhausted by payment of judgments or settlements. CA 21 54 05 05 ©ISO Properties, Inc., 2004 Page 1 of 4 • • B. Who Is An Insured c. Any "family member" while "occupying" or If the Named Insured is designated in the when struck by any vehicle owned by the Declarations as: Named Insured that is insured for Uninsured Motorists Coverage on a primary 1. An individual,then the following are"insureds": basis under any other Coverage Form or a. The Named Insured and any "family policy. members". However, Exclusion 4. shall not apply to b. Anyone else "occupying" a covered "auto" "bodily injury" sustained by an individual or a temporary substitute for a covered Named Insured or "family member" when "auto". The covered "auto" must be out of struck by a vehicle owned by that "insured" service because of its breakdown, repair, and operated or caused to be operated by a servicing, "loss"or destruction. person without that "insured's" consent in c. Anyone for damages he or she is entitled to connection with criminal activity that has been recover because of"bodily injury"sustained documented in a police report and to which by another"insured". that"insured" is not a party to. 2. A partnership, limited liability company, 5. "Bodily injury" sustained by an individual corporation or any other form of organization, Named Insured or any "family member" while then the following are"insureds": "occupying" any vehicle leased by that Named Insured or any "family member" under a a. Anyone "occupying" a covered "auto" or a written contract for a period of 6 months or temporary substitute for a covered "auto". more that is not a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, 6. Anyone using a vehicle without a reasonable "loss"or destruction. belief that the person is entitled to do so. b. Anyone for damages he or she is entitled to 7. "Bodily injury" sustained by an "insured" while recover because of"bodily injury"sustained "occupying" any "auto" that is rented or leased by another"insured". to that "insured" for use as a public or livery conveyance. However, this exclusion does not C. Exclusions apply if the "insured" is in the business of This insurance does not apply to any of the providing public or livery conveyance. following: D. Limit Of Insurance 1. Punitive or exemplary damages. 1. Regardless of the number of covered "autos", 2. Any claim settled without our consent. "insureds", premiums paid, claims made or However, this exclusion does not apply to a vehicles involved in the "accident", the most settlement made with the insurer of a vehicle we will pay for all damages resulting from any described in Paragraph b. of the definition of one "accident" is the Limit of Insurance for "uninsured motor vehicle". Uninsured Motorists Coverage shown in the 3. The direct or indirect benefit of any insurer or Schedule or Declarations. self-insurer under any workers' compensation, 2. For a vehicle described in Paragraph b. of the disability benefits or similar law or to the direct definition of "uninsured motor vehicle", our benefit of the United States, a state or its Limit of Insurance shall be reduced by all sums political subdivisions. paid because of"bodily injury"by or for anyone 4. "Bodily injury"sustained by: who is legally responsible, including all sums paid or payable under this policy's Liability a. An individual Named Insured while Coverage. "occupying" or when struck by any vehicle 3. No one will be entitled to receive duplicate owned by that Named Insured that is not a payments for the same elements of "loss" covered "auto" for Uninsured Motorists Coverage under this Coverage Form; under this Coverage and any Liability Coverage form or Medical Payments b. Any "family member" while "occupying" or Coverage endorsement attached to this when struck by any vehicle owned by that Coverage Part. "family member" that is not a covered We will not make a duplicate payment under "auto" for Uninsured Motorists Coverage this Coverage for any element of "loss" for under this Coverage Form; or which payment has been made by or for anyone who is legally responsible. Page 2 of 4 ©ISO Properties, Inc., 2004 CA 21 54 05 05 • • i We will not pay for any element of "loss" if a c. "Suit" for "bodily injury" has been filed person is entitled to receive payment for the against the uninsured motorist in a court of same element of "loss" under any workers' competent jurisdiction. compensation, disability benefits or similar law. Written notice of the "suit"must be given to E. Changes In Conditions us within a reasonable time after the The Conditions are changed for California "insured" knew, or should have known, that Uninsured Motorists Coverage — Bodily Injury as the other motorist is uninsured. In no event follows: will such notice be required before two years from the date of the accident. Failure 1. Duties In The Event Of Accident, Claim, of the "insured" or his or her representative Suit Or Loss is changed by adding the to give us such notice of the "suit" will following: relieve us of our obligations under this a. Promptly notify the police if a hit-and-run Coverage Form only if the failure to give driver is involved;and notice prejudices our rights. b. Send us copies of the legal papers if a 3. Transfer Of Rights Of Recovery Against "suit" is brought. In addition, a person Others To Us is replaced by the following: seeking coverage under Paragraph b. of a. With respect to Paragraphs a., c. and d. of the definition of "uninsured motor vehicle" the definition of "uninsured motor vehicle", must: if we make any payment, we are entitled to (1) Provide us with a copy of the complaint recover what we paid from other parties. by personal service or certified mail if Any person to or for whom we make the "insured" brings an action against payment must transfer to us his or her the owner or operator of such rights of recovery against any other party. "uninsured motor vehicle"; This person must do everything necessary (2) Within a reasonable time, make all to secure these rights and must do nothing • pleadings and depositions available for that would jeopardize them. copying by us or furnish us copies at our b. With respect to Paragraph b. of the expense; and definition of "uninsured motor vehicle", if (3) Provide us with proof that the limits of we make any payment and the "insured" insurance under any applicable liability recovers from another party, the "insured" bonds or policies have been exhausted shall hold the proceeds in trust for us and by payment of judgments or pay us back the amount we have paid. settlements. 4. Other Insurance in the Business Auto and 2. Legal Action Against Us is replaced by the Garage Coverage Forms and Other following: Insurance — Primary And Excess Insurance Provisions in the Truckers and Motor Carrier No legal action may be brought against us Coverage Forms are replaced by the following: under this Coverage Form until there has been full compliance with all the terms of this If there is other applicable insurance available Coverage Form and with respect to under one or more policies or provisions of Paragraphs a., c. and d. of the definition of coverage: "uninsured motor vehicle" unless within two a. The maximum recovery under all Coverage years from the date of the"accident": Forms or policies combined may equal but a. Agreement as to the amount due under this not exceed the highest applicable limit for insurance has been concluded; any one vehicle under any Coverage Form or policy providing coverage on either a b. The "insured" has formally instituted primary or excess basis. arbitration proceedings against us. In the event that the "insured" decides to b. Any insurance we provide with respect to a arbitrate, the "insured" must formally begin vehicle the Named Insured does not own arbitration proceedings by notifying us in shall be excess over any other collectible writing, sent by certified mail, return receipt uninsured motorists insurance providing requested; or coverage on a primary basis. CA 21 54 05 05 ©ISO Properties, Inc., 2004 Page 3 of 4 • • c. If the coverage under this Coverage Form 2. "Occupying" means in, upon,getting in, on, out is provided: or off. (1) On a primary basis, we will pay only our 3. "Uninsured motor vehicle" means a land motor share of the "loss" that must be paid vehicle or trailer: under insurance providing coverage on a. For which no liability bond or policy at the a primary basis. Our share is the time of an "accident" provides at least the proportion that our limit of liability bears amounts required by the applicable law to the total of all applicable limits of where a covered "auto" is principally liability for coverage on a primary basis. garaged. (2) On an excess basis,we will pay only our b. That is an underinsured motor vehicle. An share of the "loss" that must be paid underinsured motor vehicle is a land motor under insurance providing coverage on vehicle or "trailer" for which the sum of all an excess basis. Our share is the liability bonds or policies at the time of an proportion that our limit of liability bears "accident" provides at least the amounts to the total of all applicable limits of required by the applicable law where a liability for coverage on an excess covered "auto" is principally garaged but basis. that sum is less than the Limit of Insurance 5. The following Condition is added: for this coverage; ARBITRATION c. For which an insuring or bonding company a. If we and an "insured"disagree whether the denies coverage or refuses to admit "insured" is legally entitled to recover coverage except conditionally or with damages from the owner or driver of an reservation or becomes insolvent; or "uninsured motor vehicle" or do not agree d. That is a hit-and-run vehicle and neither the as to the amount of damages that are driver nor owner can be identified. The recoverable by that "insured", the vehicle must make physical contact with an disagreement will be settled by arbitration. "insured", a covered "auto" or a vehicle an Such arbitration may be initiated by a "insured"is"occupying". written demand for arbitration made by e. That is owned by an individual Named either party. The arbitration shall be Insured or "family member" and operated conducted by a single neutral arbitrator. or caused to be operated by a person However, disputes concerning coverage without the owner's consent in connection under this endorsement may not be with criminal activity that has been arbitrated. Each party will bear the documented in a police report. expenses of the arbitrator equally. However, "uninsured motor vehicle" does not b. Unless both parties agree otherwise, include any vehicle: arbitration will take place in the county in which the "insured" lives. Local rules of law a. Owned or operated by a self-insurer under as to arbitration procedures and evidence any applicable motor vehicle law except a will apply. The decision of the arbitrator will self-insurer who is or becomes insolvent be binding. and cannot provide the amounts required F. Additional Definitions by that motor vehicle law; b. Owned by a governmental unit or agency; The following are added to the Definitions Section: c. Designed or modified for use primarily off 1. "Family member" means the individual Named public roads while not on public roads. Insured's spouse, whether or not a resident of the individual Named Insured's household, and any other person related to such Named Insured by blood, adoption, marriage or registered domestic partnership under California law, who is a resident of such Named Insured's household, including a ward or foster child. Page 4 of 4 ©ISO Properties, Inc., 2004 CA 21 54 05 05 . • POLICY NUMBER: 72 UEN IL4406 COMMERCIAL AUTO CA 20 01 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Insurance Company HARTFORD FIRE INSURANCE COMPANY Policy Number 72 UEN IL4406 Effective Date 01/01/08 Expiration Date 01/01/09 Named Insured JOHN S. MEEK COMPANY, INC. Address 14732 S. MAPLE AVENUE GARDENA CA 90248 Additional Insured (Lessor) ENTERPRISE RENT-A-CAR OF LOS ANGELE ATTN: INSURANCE DEPT Address P.O. BOX 16805 ST. LOUIS MO 63105 Designation or Description of"Leased Autos" SEE SUBSEQUENT PAGE Coverages Limit Of Insurance Liability $ Each "Accident" Personal Injury Protection (or equivalent no-fault coverage) $ Comprehensive ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS: $ For Each Covered "Leased Auto" Collision ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS: $ For Each Covered "Leased Auto" Specified Causes of Loss ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS: $ For Each Covered "Leased Auto" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) CA 20 01 10 01 ®ISO Properties, Inc., 2000 PAGE 1 (CONTINUED ON NEXT PAGE) • • A. Coverage C. Cancellation 1. Any "leased auto" designated or described in the 1. If we cancel the policy, we will mail notice to the Schedule will be considered a covered "auto" you lessor in accordance with the Cancellation own and not a covered "auto" you hire or borrow. Common Policy Condition. For a covered "auto" that is a "leased auto" Who 2. If you cancel the policy, we will mail notice to the Is An Insured is changed to include as an lessor. "insured" the lessor named in the Schedule. 3. Cancellation ends this agreement. 2. The coverages provided under this endorsement apply to any "leased auto" described in the D. The lessor is not liable for payment of your Schedule until the expiration date shown in the premiums. Schedule, or when the lessor or his or her agent E. Additional Definition om takes possession of the "leased auto", whichever a occurs first. As used in this endorsement: "Leased auto" means an "auto" leased or rented to B. Loss Payable Clause you, including any substitute, replacement or extra 1. We will pay, as interest may appear, you and the "auto" needed to meet seasonal or other needs, ° lessor named in this endorsement for "loss" to a under a leasing or rental agreement that requires you ° "leased auto". to provide direct primary insurance for the lessor. ° 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 0 3. If we make any payment to the lessor, we will 0 obtain his or her rights against any other party. 0 SCHEDULE LESSOR NO: 01 Designation or Description of Leased Autos mmm COV AUTO NO. 00016 06 CHEV 1GCHC24U46E113285 $20,250-NEW LIABILITY $1,000,000 EACH "ACCIDENT" COMPREHENSIVE $500 DEDUCTIBLE COLLISION $500 DEDUCTIBLE rammi CA 20 01 10 01 0 ISO Properties, Inc., 2000 PAGE 2 COMMERCIAL AUTO CA 00 38 12 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR EXCLUSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Liability Coverage (3) Insurrection, rebellion, revolution, The War exclusion under Paragraph B. usurped power, or action taken by Exclusions of Section II — Liability Coverage is governmental authority in hindering or replaced by the following: defending against any of these. WAR C. Changes In Auto Medical Payments "Bodily injury", "property damage" or "covered If the Auto Medical Payments Coverage pollution cost or expense" arising directly or endorsement e dorse by the following: ned, then Exclusion C.6. is indirectly, out of: p y g: a. War, including undeclared or civil war; 6. "Bodily injury", arising directly or indirectly, out of: b. Warlike action by a military force, including action in hindering or defending against an a. War, including undeclared or civil war; actual or expected attack, by any b. Warlike action by a military force, including government, sovereign or other authority action in hindering or defending against an using military personnel or other agents; or actual or expected attack, by any c. Insurrection, rebellion, revolution, usurped government, sovereign or other authority power, or action taken by governmental using military personnel or other agents;or authority in hindering or defending against c. Insurrection, rebellion, revolution, usurped any of these. power, or action taken by governmental B. Changes In Garagekeepers Coverage authority in hindering or defending against If the Garagekeepers Coverage endorsement or any of these. the Garagekeepers Coverage — Customers' D. Changes In Uninsured/Underinsured Motorists Sound Receiving Equipment endorsement is Coverage attached,the following exclusion is added: If Uninsured and/or Underinsured Motorists We will not pay for "loss" caused by or resulting Coverage is attached, then the following exclusion from the following. Such "loss" is excluded is added: regardless of any other cause or event that This insurance does not apply to: contributes concurrently or in any sequence to the WAR "loss": WAR 1. "Bodily injury" or "property damage", if applicable, arising directly or indirectly, out of: (1) War, including undeclared or civil war; a. War, including undeclared or civil war; (2) Warlike action by a military force, b. Warlike action by a military force, including including action in hindering or action in hindering or defending against an defending against an actual or expected actual or expected attack, by any attack, by any government, sovereign or government, sovereign or other authority other authority using military personnel using military personnel or other agents;or or other agents;or CA 00 38 12 02 ©ISO Properties, Inc., 2003 Page 1 of 2 • • • c. Insurrection, rebellion, revolution, usurped F. Changes In Single Interest Automobile power, or action taken by governmental Physical Damage Insurance Policy authority in hindering or defending against The War exclusion is replaced by the following: any of these. a. War, including undeclared or civil war; E. Changes In Personal Injury Protection Coverage b. Warlike action by a military force, including action in hindering or defending against an 1. If Personal Injury Protection, no-fault, or other actual or expected attack, by any similar coverage is attached, and: government, sovereign or other authority a. Contains, in whole or in part, a War using military personnel or other agents; or exclusion, that exclusion is replaced by c. Insurrection, rebellion, revolution, usurped Paragraph 2. power, or action taken by governmental b. Does not contain a war exclusion, authority in hindering or defending against Paragraph 2. is added. any of these. 2. This insurance does not apply to: WAR "Bodily injury" or "property damage", if applicable, arising directly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Page 2 of 2 ©ISO Properties, Inc., 2003 CA 00 38 12 02 • • • COMMERCIAL AUTO CA01430505 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The term"spouse"is replaced by the following: e. When this Coverage Form and any other Spouse or registered domestic partner under Coverage Form or policy providing liability California law. coverage apply to an"auto"and: B. The Other Insurance Condition is changed by 1. One provides coverage to a Named adding the following: Insured engaged in the business of selling, repairing, servicing, delivering, testing, d. When this Coverage Form and any other road-testing, parking or storing"autos", and Coverage Form or policy providing liability coverage apply to an"auto"and: 2. The other provides coverage to a person not engaged in that business,and 1. One provides coverage to a Named Insured engaged in the business of selling, 3. At the time of an "accident" an "insured" repairing, servicing, delivering, testing, under the Coverage Form described in 1. is road-testing, parking or storing"autos", and operating an "auto" owned by a person described in 2., then the Coverage Form 2. The other provides coverage to a person not engaged in that business,and issued to the business described in 1. is primary and the Liability Coverage issued 3. At the time of an "accident", a person to a person described in 2. is excess over described in 2. is operating an "auto" any coverage available to the business. owned by the business described in 1., then that person's liability coverage is primary and the Coverage Form issued to a business described in 1. is excess over any coverage available to that person. CA 01 43 05 05 ©ISO Properties, Inc., 2004 Page 1 of 1 • • POLICY NUMBER: 72 UEN IL4406 COMMERCIAL AUTO CA 03 05 02 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - WAIVER OF COLLISION DEDUCTIBLE For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Endorsement effective Named Insured Countersigned by (Authorized Representative) SCHEDULE Waiver of Collision Deductible Designation or Description of Covered"Auto" Premium SEE SCHEDULE INCL (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. When Physical Damage Coverage provides coverage We will pay the full deductible. Subject to the above, if for a "loss" to a covered "auto" caused by its collision you are legally entitled to recover only a percentage of or upset, and: your "loss", we will pay that percentage of your 1. The "loss" involves an "uninsured motor vehicle"; deductible. However, if the amount of the "loss" is less and than your deductible, we will pay the percentage of the "loss" that you are legally entitled to recover. In no 2. You are legally entitled to recover the full amount event will we pay more than the amount of the "loss". of your "loss" from the owner or operator of the "uninsured motor vehicle"; and 3. The Schedule indicates that the Waiver of Collision deductible provision applies to the covered "auto"; then CA 03 05 02 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 • • • B. CONDITIONS (2) A vehicle designed, used or maintained 1. The following is added to the Conditions Section: primarily for the transportation of property; or ARBITRATION (3) "Mobile equipment". a. If we and an "insured" disagree whether the "insured" is legally entitled to recover b. "Uninsured motor vehicle" means a land damages from the owner or operator of an motor vehicle or trailer which is involved in a "uninsured motor vehicle" or do not agree as collision with a covered "auto" and for which: to the amount of damages that are (1) No liability bond or policy at the time of an recoverable by that "insured", the "accident" provides at least the amount disagreement will be settled by a single required for property damage liability by neutral arbitrator. However, disputes the California Financial Responsibility o concerning coverage under this endorsement Law; or may not be arbitrated. The arbitration must be (2) The insuring or bonding company denies formally instituted by the "insured" within one coverage or refuses to admit coverage year from the date of the "accident". Each except conditionally or with reservation or o party will bear the expenses of the arbitrator becomes insolvent. equally. ° The collision must involve direct physical o b. Unless both parties agree otherwise, contact between a covered "auto" and the arbitration will take place in the county in "uninsured motor vehicle" and: ,, which the "insured" lives. Local rules of law N as to arbitration procedure and evidence will (1) The owner or operator of that vehicle 0 apply. The decision of the arbitrator will be must be identified; or ° binding. (2) The "uninsured motor vehicle" must be ° identified b 2. Paragraph 2.a. of the Duties In The Event Of iden y its license number. Accident, Claim, Suit Or Loss Loss Condition is However, "uninsured motor vehicle" does not replaced as follows: include any vehicle: a. You must report the "accident" or "loss" to us (1) Owned or operated by a self-insurer or our agent within ten business days. You under any applicable motor vehicle law must tell us how, when and where the "loss" except a self-insurer who is or becomes happened. You must assist in obtaining insolvent and cannot provide the amounts names and addresses of any injured persons required by that motor vehicle law; and witnesses. (2) Owned by a governmental unit or agency; C. Additions Definitions or As used in this endorsement: (3) Designed for use mainly off public roads 1. For Physical Damage Coverage: while not on public roads. a. "Auto" means a self-propelled motor vehicle. However, it does not include: (1) A vehicle transporting persons for hire, compensation or profit, other than a van pool vehicle. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CA 03 05 02 97 • • POLICY NUMBER: 72 UEN IL4406 COMMERCIAL AUTO CA 04 26 05 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR NAMED INDIVIDUALS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM 0 o With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless o modified by the endorsement. aThis endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. r- 0 0 Named Insured: 0 rl ° Endorsement Effective Date: Countersignature Of Authorized Representative Name: Title: Signature: Date: SCHEDULE SEE SUBSEQUENT PAGE Name Of Individual: Limit Premium Liability $ $ Auto Medical Payments $ $ Uninsured Motorists $ $ Underinsured Motorists $ $ Comprehensive Collision Physical Damage $ $ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Note — When uninsured motorists is provided at limits higher than the basic limits required by a financial responsibility law, underinsured motorists is included, unless otherwise noted. If Underinsured Motorists Coverage is provided as a separate coverage, make appropriate entry in the Schedule above. CA 04 26 05 05 ©ISO Properties, Inc., 2004 PAGE 1 (CONTINUED ON NEXT PAGE) • • A. This endorsement changes only those coverages D. Changes In Physical Damage Coverage where a premium is shown in the Schedule. Any private passenger type "auto" you don't own, B. Changes In Liability Coverage hire or borrow is a covered "auto" while in the 1. Any "auto" you don't own, hire or borrow is a care, custody or control of any individual named in covered "auto" for Liability Coverage while the Schedule or his or her spouse while a resident being used by any individual named in the of the same household except: Schedule or by his or her spouse while a 1. Any "auto" owned by that individual or by any resident of the same household except: member of his or her household. a. Any "auto" owned by that individual or by 2. Any "auto" used by that individual or his or her any member of his or her household. spouse while working in a business of selling, b. Any "auto" used by that individual or his or servicing, repairing or parking "autos". her spouse while working in a business of E. Additional Definition selling, servicing, repairing or parking As used in this endorsement: "autos". "Family member" means a person related to the 2. The following is added to Who Is An Insured: individual named in the Schedule by blood, Any individual named in the Schedule and his adoption, marriage or registered domestic or her spouse, while a resident of the same partnership under California law, who is a resident household, are "insureds" while using any of the individual's household, including a ward or covered "auto" described in Paragraph B.1. of foster child. this endorsement. C. Changes In Auto Medical Payments And Uninsured And Underinsured Motorists Coverages The following is added to Who Is An Insured: Any individual named in the Schedule and his or her "family members" are "insured" while "occupying" or while a pedestrian when being struck by any"auto" you don't own except: Any "auto" owned by that individual or by any "family member". SCHEDULE LIABILITY LIMITS: REFER TO ITEM TWO OF THE DECLARATIONS $5,000 FOR "BODILY INJURY" FOR AUTO MEDICAL PAYMENTS EACH "INSURED" $1,000,000 EACH "ACCIDENT" — CA UNINSURED MOTORISTS LIMITS: Co ISO Properties, Inc., 2004 CA 04 26 05 05 PAGE 2 (CONTINUED ON NEXT PAGE) • a CALIFORNIA DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR NAMED INDIVIDUALS (Continued) POLICY NUMBER: 72 UEN IL4406 PREMIUMS PER NAMED INDIVIDUAL Auto $50 Medical Uninsured Underinsured Deductible Liability Payments Motorists Motorists Comprehensive Collision $89.00 $9.00 $217.00 $3.00 $17.00 rn NAME OF INDIVIDUAL PI JOHN S. MEEK H 0 0 O H N O O O r-1 0 0 MENEM ©ISO Properties, Inc., 2004 CA 04 26 05 05 PAGE 3 • • COMMERCIAL AUTO CA 20 38 02 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA - LEASING OR RENTAL CONCERNS - PRIMACY OF COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The Other Insurance Condition in the Business B. As used in this endorsement: Auto Coverage Form and the Other Insurance - "Commercial vehicle" means an "auto" of a type Primary And Excess Insurance Provisions in the required to be registered under the California Truckers Coverage Form, are changed by adding Vehicle Code, and: the following: 1. Used or maintained for the transportation of 1. Notwithstanding Paragraph a. in the Business persons for hire, compensation or profit, other Auto Coverage Form and Paragraphs a. and c. than a van pool vehicle; • in the Truckers Coverage Form, when this 2. Designed, used or maintained primarily for the Coverage Form and any other Coverage Form transportation of property; or or policy providing liability coverage apply to a "commercial vehicle"and: 3. Leased for a period of six months or more. a. One provides such coverage to a Named Insured engaged in the business of renting or leasing "commercial vehicles" without operators, and b. The other provides such coverage to a person not engaged in that business, and c. At the time of an "accident", a person who is not the Named Insured of the policy described in Paragraph A.1.b., and who is not the agent or employee of such Named Insured is operating a "commercial vehicle" provided by the business covered by the Coverage Form or policy described in Paragraph A.1.a.,then the liability coverage provided by the Coverage Form or policy described in Paragraph A.1.b. is primary, and the liability coverage provided by the Coverage Form or policy described in Paragraph A.1.a. is excess over any coverage available to that person. CA 20 38 02 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 • • POLICY NUMBER: 72 UEN IL4406 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Named Insured Countersigned by (Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): (SEE FORM IH12011185 ATTACHED) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 • • POLICY NUMBER: 72 DEN IL4406 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM o TRUCKERS COVERAGE FORM 0 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"under the Who Is An Insured Provision of a the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. o This endorsement changes the policy effective on the inception date of the policy unless another date is indicated °w below. Endorsement effective N o Named Insured Countersigned by 0 (Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): (SEE FORM IH12011185 ATTACHED) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) °— Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. IMMENI MMIMININ CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 • • POLICY NUMBER: 72 UEN IL4406 COMMERCIAL AUTO CA 99 23 12 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RENTAL REIMBURSEMENT COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Named Insured Countersigned by (Authorized Representative) SCHEDULE SEE SUBSEQUENT PAGE Maximum Payment Each Covered"Auto" Designation or Description of Auto Covered"Autos"to which Any One No.of Any One Coverages No. this insurance applies Day Days Period Premium Comprehensive 1 $ $ $ 2 $ $ $ Collision 1 $ $ $ 2 $ $ $ Specified 1 $ $ $ Causes of Loss 2 $ $ $ Total Premium (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. This endorsement provides only those coverages B. We will pay for rental reimbursement expenses where a premium is shown in the Schedule. It applies incurred by you for the rental of an "auto" because of only to a covered "auto" described or designated in the "loss" to a covered "auto". Payment applies in Schedule. addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. Copyright, Insurance Services Office, Inc., 1993 CA 99 23 12 93 PAGE 1 (CONTINUED ON NEXT PAGE) . • 0 C. We will pay only for those expenses incurred during D. Our payment is limited to the lesser of the following the policy period beginning 24 hours after the "loss" amounts: and ending, regardless of the policy's expiration, with 1. Necessary and actual expenses incurred. the lesser of the following number of days: 2. The maximum payment stated in the Schedule 1. The number of days reasonably required to repair applicable to"any one day" or"any one period". or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the E. This coverage does not apply while there are spare or number of days it takes to locate the covered reserve "autos" available to you for your operations. "auto" and return it to you. F. If"loss" results from the total theft of a covered "auto" 2. The number of days shown in the Schedule. of the private passenger type, we will pay under this coverage only that amount of your rental o reimbursement expenses which is not already provided VI for under the PHYSICAL DAMAGE COVERAGE r1 Coverage Extension. 0 •-1 SCHEDULE 0 W 0 v MAXIMUM PAYMENT a EACH COVERED AUTO H cN AUTO ANY ONE NO. OF ANY ONE o NO. COVERAGE DAY DAYS PERIOD PREMIUM 0 0 0 * 1 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 2 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 3 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 4 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 —1-- COLLISION $ 10.00 C 5 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 6 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 °_ 7 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 mism COLLISION $ 10.00 °— 8 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 9 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 10 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 Copyright, Insurance Services Office, Inc., 1993 CA 99 2312 93 PAGE 2 (CONTINUED ON NEXT PAGE) • • RENTAL REIMBURSEMENT COVERAGE (Continued) POLICY NUMBER: 72 UEN IL4406 SCHEDULE MAXIMUM PAYMENT EACH COVERED AUTO AUTO ANY ONE NO. OF ANY ONE NO. COVERAGE DAY DAYS PERIOD PREMIUM 11 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 12 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 13 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 14 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 15 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 16 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 20 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 21 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 22 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 26 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 27 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 28 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 29 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 30 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 31 COMPREHENSIVE $ 30 30 $ 900 $ 6.00 COLLISION $ 10.00 CA 99 2312 93 PAGE 3 • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES IN HIRED CAR PHYSICAL DAMAGE - LIMIT OF INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM TRUCKERS ENDORSEMENT A. The BUSINESS AUTO COVERAGE FORM is C. The TRUCKERS COVERAGE FORM is changed changed as follows: as follows: 1. PHYSICAL DAMAGE COVERAGE for 1. PHYSICAL DAMAGE COVERAGE for covered "autos" you hire or borrow is excess covered "autos" you hire or borrow is excess unless primary physical damage coverage for unless primary physical damage coverage for such autos is specifically .provided in the such autos is specifically provided in the policy Declarations policy Declarations. 2. Paragraph b. of the OTHER INSURANCE 2. Paragraph d. of the OTHER INSURANCE - Condition does not apply to Hired Auto PRIMARY AND EXCESS INSURANCE Physical Damage Coverage. Condition regarding Hired Auto Physical B. The GARAGE COVERAGE FORM is changed as Damage does not apply. follows: D. The TRUCKERS ENDORSEMENT is changed as 1. PHYSICAL DAMAGE COVERAGE for follows: covered "autos" you hire or borrow is excess 1. PHYSICAL DAMAGE COVERAGE for unless primary physical damage coverage for covered "autos" you hire or borrow is excess such autos is specifically provided in the unless primary physical damage coverage for policy Declarations. such autos is specifically provided in the 2. Paragraph b. of the OTHER INSURANCE policy Declarations. Condition regarding Hired Auto Physical 2. Paragraph d. of the OTHER INSURANCE Damage Coverage does not apply Condition regarding Hired Auto Physical Damage Coverage does not apply. Form HA 00 24 12 90 Printed in U.S.A. POLICY NUMBER: 72 UEN 1L4406 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY HIRED AUTO INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM No GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM H LIABILITY COVERAGE 0 o AUTOS NOT USED IN YOUR TRUCKING OPERATIONS(Under Motor Carrier or Truckers Coverage Forms) °, n If this box is marked, for any covered "auto" leased, hired, rented or borrowed by you this Coverage a Form provides primary insurance. N n If this box is marked, for a covered "auto" leased, hired, rented or borrowed by you from a person or 0 organization named below this Coverage Form provides primary insurance. 0 State Estimated Cost of Hire Primary Rate Per Each$100 Cost of Hire Advance Premium TOTAL ADVANCE PREMIUM: PHYSICAL DAMAGE COVERAGE X If this box is marked, for any covered "auto" leased, hired, rented or borrowed by you this Coverage Form provides primary insurance. If this box is marked, for a covered "auto" leased, hired, rented or borrowed by you from a person or organization named below this Coverage Form provides primary insurance. Coverages Type Auto Estimated Total Auto/Days PrimaryRate Per Advance of Hired Autos Auto/Day Premium Comprehensive Private Passenger 150 .165 25.00 All Other Types 150 .155 23.00 Specified Causes of Loss Private Passenger All Other Types Collision Private Passenger 150 .724 109.00 All Other Types 150 .8 31 125.00 TOTAL ADVANCE PREMIUM 282.00 NAMED PERSON(S)OR ORGANIZATION(S): Form HA 20 07 02 00 ®1999 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc.,1997) • POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEXICO COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM Endorsement effective Named Insured Countersigned by (Authorized Representative) The coverage provided by this policy will apply while your covered"auto" is being used in the Republic of Mexico for no more than 10 days at any one time. However, such coverage shall be excess over any other collectible insurance. WARNING: The Republic of Mexico considers an auto accident a criminal offense as well as a civil matter. Unless you have automobile insurance written by a Mexican Insurance Company, you may spend many hours or days in jail if you have an accident in Mexico. Insurance coverage should be secured from a company licensed under the laws of Mexico to write such insurance in order to avoid complications and some other penalties possible under the laws of Mexico, including the possible impoundment of your automobile. Form HA 99 04 01 87 Printed in U.S.A. • 0 , ,.:,.. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY COVERAGE PRIVATE PASSENGER TYPE AUTOS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM Section I A. The BUSINESS AUTO COVERAGE FORM C. The GARAGE COVERAGE FORM is is changed as follows: changed as follows: For LIABILITY COVERAGE for "private For LIABILITY COVERAGE for "private passenger type autos", paragraph a. of the passenger type autos", paragraph a. of the POLLUTION EXCLUSION applies only to POLLUTION EXCLUSION APPLICABLE TO liability assumed under a contract or "GARAGE OPERATIONS" - COVERED agreement. "AUTOS" applies only to liability assumed B. The TRUCKERS COVERAGE FORM is under a contract or agreement. changed as follows: Section II For LIABILITY COVERAGE for "private The following is added to the DEFINITIONS passenger type autos", paragraph a. of the Section: POLLUTION EXCLUSION applies only to "Private passenger type auto" means a liability assumed under a contract or private passenger or station wagon type agreement. "auto" and includes an "auto" of the pick-up or van type if not used for business purposes. If you are an individual, business purposes does not include farming or ranching. Form HA 99 0812 90 Printed in U.S.A. • • ay THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II- LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition-TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Form HA 99 13 01 87 Printed in U.S.A. ' J • COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the"insured"than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED B. Employees as Insureds A. Subsidiaries and Newly Acquired or Paragraph A.1. - WHO IS AN INSURED - of Formed Organizations SECTION II - LIABILITY COVERAGE is The Named Insured shown in the Declara- amended to add: tions is amended to include: d. Any "employee" of yours while using a (1) Any legally incorporated subsidiary in covered "auto" you don't own, hire or which you own more than 50% of the borrow in your business or your personal voting stock on the effective date of the affairs. Coverage Form. However, the Named C. Lessors as Insureds Insured does not include any subsidiary Paragraph A.1. - WHO IS AN INSURED - of that is an "insured" under any other Section II - Liability Coverage is amended to automobile policy or would be an add: "insured" under such a policy but for its termination or the exhaustion of its Limit e. The lessor of a covered "auto" while the of Insurance. "auto" is leased to you under a written agreement if: (2) Any organization that is acquired or formed by you and over which you (1) The agreement requires you to maintain majority ownership. However, provide direct primary insurance for the Named Insured does not include any the lessor and newly formed or acquired organization: (2) The"auto"is leased without a driver. (a) That is a partnership, joint venture or Such a leased "auto" will be considered a limited liability company covered "auto" you own and not a covered (b) That is an "insured" under any other "auto"you hire. policy, 2. AUTOS RENTED BY EMPLOYEES (c) That has exhausted its Limit of Any "auto" hired or rented by your"employee" on Insurance under any other policy, or your behalf and at your direction will be (d) 180 days or more after its acquisition considered an"auto"you hire. or formation by you, unless you have The OTHER INSURANCE Condition is amended given us notice of the acquisition or by adding the following: formation. If an "employee's" personal insurance also Coverage does not apply to"bodily injury" applies on an excess basis to a covered "auto" or"property damage"that results from an hired or rented by your"employee" on your behalf "accident" that occurred before you and at your direction, this insurance will be formed or acquired the organization. primary to the"employee's" personal insurance. Form HA 99 16 03 02 Page 1 of 3 ©2001,The Hartford(Includes copyrighted material of ISO Properties,Inc.,with its permission.) 3. AMENDED FELLOW EMPLOYEE EXCLUSION 6. LEASE GAP COVERAGE EXCLUSION 5. - FELLOW EMPLOYEE - of Under SECTION III - PHYSICAL DAMAGE SECTION II - LIABILITY COVERAGE does not COVERAGE, if a long-term leased "auto" is a apply if you have workers' compensation covered "auto" and the lessor is named in the insurance in-force covering all of your policy as a Loss Payee, we will pay in the event "employees". of a total "loss" your additional legal obligation to Coverage is excess over any other collectible the lessor for any difference between the actual insurance. cash value of the "auto" at the time of the "loss" 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE and the"outstanding balance"of the lease. "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the lease at the time of "loss" less any Coverage and if Comprehensive, Specified amounts representing taxes; overdue payments; Causes of Loss, or Collision coverages are penalties, interest or charges resulting from provided under this Coverage Form for any "auto" overdue payments; additional mileage charges; you own, then the Physical Damage Coverages excess wear and tear charges; lease termination provided are extended to "autos" you hire or fees. borrow, subject to the following limit. 7. AIRBAG COVERAGE The most we will pay for"loss"to any hired "auto" is: Under Paragraph B. EXCLUSIONS - of SECTION (1) $50,000; III - PHYSICAL DAMAGE COVERAGE, the following is added: (2) The actual cash value of the damaged or The exclusion relating to mechanical breakdown stolen property at the time of the"loss"; or does not apply to the accidental discharge of an (3) The cost of repairing or replacing the airbag. damaged or stolen property, 8. SOUND RECEIVING AND TRANSMITTING whichever is smallest, minus a deductible. The EQUIPMENT-BROADENED COVERAGE deductible will be equal to the largest deductible Paragraphs B.4.c. & d. - EXCLUSIONS - of applicable to any owned "auto" for that coverage. SECTION III - PHYSICAL DAMAGE COVERAGE No deductible applies to "loss" caused by fire or do not apply to equipment designed solely for lightning. Hired Auto Physical Damage coverage receiving or transmitting sound and accessories is excess over any other collectible insurance. used with such equipment, provided such Subject to the above limit, deductible and excess equipment is permanently installed in the covered provisions, we will provide coverage equal to the "auto" at the time of the "loss" or such equipment broadest coverage applicable to any covered is removable from a housing unit which is "auto"you own. permanently installed in the covered "auto" at the We will also cover loss of use of the hired "auto" if time of the "loss", and such equipment is it results from an "accident", you are legally liable designed to be solely operated by use of the and the lessor incurs an actual financial loss, power from the "auto's" electrical system, in or subject to a maximum of$1000 per"accident". upon the covered "auto". This extension of coverage does not apply to any 9. EXTRA EXPENSE -BROADENED COVERAGE "auto" you hire or borrow from any of your Under Paragraph A. - COVERAGE - of SECTION "employees", partners (if you are a partnership), III - PHYSICAL DAMAGE COVERAGE, we will members (if you are a limited liability company), pay for the expense of returning a stolen covered or members of their households. "auto"to you. 5. PHYSICAL DAMAGE-ADDITIONAL 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE TEMPORARY TRANSPORTATION EXPENSE COVERAGE Under Paragraph D. -DEDUCTIBLE- of SECTION III - PHYSICAL DAMAGE COVERAGE, the Paragraph A.4.a. of SECTION III - PHYSICAL following is added: DAMAGE COVERAGE is amended to provided a limit of $50 per day and a maximum limit of No deductible applies to glass damage if the $1,000. glass is repaired rather than replaced. Form HA 99 16 03 02 Page 2 of 3 I 0 • 11. TWO OR MORE DEDUCTIBLES 14. HIRED AUTO-COVERAGE TERRITORY Under Paragraph D.-DEDUCTIBLE- of SECTION Paragraph e. of GENERAL CONDITIONS 7. - III - PHYSICAL DAMAGE COVERAGE, the POLICY PERIOD, COVERAGE TERRITORY - of following is added: SECTION IV- BUSINESS AUTO CONDITIONS is If another Hartford Financial Services Group, Inc. replaced by the following: company policy or coverage form that is not an e. For short-term hired "autos", the coverage automobile policy or coverage form applies to the territory with respect to Liability Coverage is same"accident",the following applies: anywhere in the world provided that if the (1) If the deductible under this Business Auto "insured's" responsibility to pay damages for Coverage Form is the smaller (or smallest) "bodily injury" or "property damage" is deductible, it will be waived; determined in a "suit," the "suit" is brought in the United States of America, the territories (2) If the deductible under this Business Auto and possessions of the United States of Coverage Form is not the smaller (or America, Puerto Rico or Canada or in a smallest) deductible, it will be reduced by the settlement we agree to. amount of the smaller (or smallest) deductible. 15. WAIVER OF SUBROGATION 12. AMENDED DUTIES IN THE EVENT OF TRANSFER OF RIGHTS OF RECOVERY ACCIDENT, CLAIM, SUIT OR LOSS AGAINST OTHERS TO US - of SECTION IV - The requirement in LOSS CONDITIONS 2.a. - BUSINESS AUTO CONDITIONS is amended by adding the following: DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS We waive any right of recovery we may have AUTO CONDITIONS that you must notify us of an against any person or organization with whom "accident" applies only when the "accident" is you have a written contract that requires such known to: waiver because of payments we make for damages under this Coverage Form. (1) You, if you are an individual; 16. RESULTANT MENTAL ANGUISH COVERAGE (2) A partner, if you are a partnership; The definition of "bodily injury" in SECTION V- (3) A member, if you are a limited liability DEFINITIONS is replaced by the following: company; or (4) An executive officer or insurance manager, if "Bodily injury" means bodily injury, sickness or disease sustained by any person, including you are a corporation. mental anguish or death resulting from any of 13. UNINTENTIONAL FAILURE TO DISCLOSE these. HAZARDS 17. EXTENDED CANCELLATION CONDITION If you unintentionally fail to disclose any hazards Paragraph 2. of the COMMON POLICY existing at the inception date of your policy, we CONDITIONS - CANCELLATION - applies except will not deny coverage under this Coverage Form as follows: because of such failure. If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Form HA 99 16 03 02 Page 3 of 3 POLICY NUMBER: 72 UEN IL4406 V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: NAMED PERSON(S) OR ORGANIZATION(S) COMMERCIAL AUTO COVERAGE PART CITY OF LOS ANGELES HARBOR DEPARTMENT ITS OFFICERS, AGENTS, AND EMPLOYEES ARE LISTED AS ADDITIONAL INSUREDS PORT OF LOS ANGELES - RISK MGMT. DIV. P.O. BOX 151 SAN PEDRO 90733 BNSF RAILWAY INSURANCE COMPLIANCE P.O. BOX 12010 HEMET, CA 92546-8010 ID NUMBER: BF33675-0 Form IH 12 01 11 85 SEQ.NO. 02 Printed in U.S.A.