MISCELLANEOUS MEDICAL PROFESSIONAL AND GENERAL LIABILITY INSURANCE POLICY CLAIMS MADE AND REPORTED COVERAGE

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1 MISCELLANEOUS MEDICAL PROFESSIONAL AND GENERAL LIABILITY INSURANCE POLICY CLAIMS MADE AND REPORTED COVERAGE THIS IS A CLAIMS MADE AND REPORTED POLICY. COVERAGE IS ONLY PROVIDED FOR CLAIMS WHICH ARE BOTH: (1) FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD; AND (2) REPORTED TO THE COMPANY AS SOON AS PRACTICABLE, BUT NOT MOREUNDERWRITERS NO LATER THAN THIRTY (30SIXTY (60) DAYS AFTER EXPIRATION OF THE POLICY PERIOD OR AFTER THE EXPIRATION OF ANY APPLICABLE EXTENDED REPORTING PERIOD. COVERAGE IS ONLY PROVIDED FOR CLAIMS ARE FIRST MADE; AND (3) ARISING FROM PROFESSIONAL SERVICES WHICH WERE RENDERED OR GENERAL LIABILITY INCIDENTS WHICH OCCURRED SUBSEQUENT TO THE RETROACTIVE DATE AND PRIOR TO THE EXPIRATION OF THE POLICY PERIOD. To have coverage for any Claim which may be covered under this policy, an Insured must properly report the Claim to Underwriters. Unless an Insured has properly reported within sixty (60) days from the date the Claim was made, there is no coverage for any Claim (or for resulting claims) first reported more than sixty (60) days after the Claim was made. If a Claim is covered by the policy and it is properly reported, coverage for it (and resulting claims and lawsuits) continues forever, subject to the applicable limit of liability, unless an Insured delays in reporting a resulting lawsuit to Underwriters, or if an Insured fails to meet his or her other obligations under the policy. The reporting date shall be the first day the Underwriters receive a report of a Claim from an Insured. Each claim is governed by the policy in effect on its reporting date. A claim is not necessary before a Professional Liability Incident or General Liability Incident may be reported. If an Insured first becomes aware of a Professional Liability Incident or General Liability Incident during the Policy Period which reasonably might give rise to a Claim, such Professional Liability Incident or General Liability Incident must be reported to Underwriters during the Policy Period, pursuant to Condition 1, B, in order to have coverage for any resulting Claim. A report of a Professional Liability Incident or General Liability Incident from a source other than an Insured under this policy does not trigger coverage. This Policy is divided into two coverage Sections, Professional Liability (Coverage Section 1) and General Liability (Coverage Section 2). The following Insuring Agreements, Conditions, Definitions and Exclusions apply to both Sections and, unless noted otherwise, any Endorsements to this Policy. In consideration of the payment of the premium and the Self Insured Retention, and in reliance upon the representations in the Named Insured s completed and signed application and any materials submitted therewith, and subject to the Insuring Agreements, Conditions, Definitions and Exclusions of this Policy, the Company agreesunderwriters agree with the Insured as follows: I. INSURING AGREEMENTS 1. COVERAGE - CLAIMS MADE AND REPORTED Section 1 - Professional Liability Subject to the LimitProfessional Liability Limits of Liability specified in Item 4 of this Policy, the Company agreesdeclarations, Underwriters agree to pay those sums in excess of the Self Insured P1857MM-0311 Page 1 of 31

2 Retention that thean Insured becomes legally obligated to pay as Damages as a result, and related Defense Expenses, because of Claims which are both a Claim arising out of a Professional Liability Incident that occurs on or after the Retroactive Date set forth in Item 6 of the Declarations and before the expiration of the Policy Period, provided that the Claim is first made against the Insured during the Policy Period (or any applicable extended reporting period) and reported to the Company as soon as practicable (but not moreunderwriters no later than 30sixty (60) days after the expiration of the Policy Period or after the expiration of any applicable extended reporting period). In the event a Claim is reported to the Company within thirty (30) days after the expiration of the Policy Period or during any applicable extended reporting period, the Claim shall be deemed to have been reported on the last day of the Policy Period.first made. Section 2 - General Liability A. Subject to the Limit of Liability of this Policy, the Company agrees to pay those sums in excess of the Self Insured Retention that the Insured becomes legally obligated to pay as Damages as a result of Claims which are both first made against the Insured during the Policy Period (or any applicable extended reporting period) and reported to the Company as soon as practicable (but not more than 30 days after the expiration of the Policy Period or after the expiration of any applicable extended reporting period) and which result from a General Liability Incident to which this Policy applies. In the event a Claim is reported to the Company within thirty (30) days after the expiration of the Policy Period or during any applicable extended reporting period, the Claim shall be deemed to have been reported on the last day of the Policy Period.Bodily Injury and Property Damage Subject to the Fire Damage LimitGeneral Liability Limits of Liability, as specified in Item 4 of the Declarations, the Company agreesunderwriters agree to pay those sums in excess of the Self Insured Retention that thean Insured becomes legally obligated to pay as Damages, and related Defense Expenses, because of a Claim for Property Damage, as a result of a fire, to premises rented to Bodily Injury or leasedproperty Damage caused by the Insured, within the Territory, as a result of Claims which are botha General Liability Incident that occurs on or after the Retroactive Date set forth in Item 6 of the Declarations and before the expiration of the Policy Period, provided that the Claim for Bodily Injury or Property Damage is first made against the Insured during the Policy Period (or any applicable extended reporting period) and reported to the Company as soon as practicable (but not moreunderwriters no later than thirty (30sixty (60) days after the expiration of the Policy Period or after the expiration of any applicable extended reporting period).claim is first made. B. Personal and Advertising Injury Subject to the General Liability Limits of Liability specified in Item 4 of the Declarations, Underwriters agree to pay those sums in excess of the Self Insured Retention that an Insured becomes legally obligated to pay as Damages, and related Defense Expenses, because of a Claim for Personal Injury or Advertising Injury caused by a General Liability Incident that occurs on or after the Retroactive Date set forth in Item 6 of the Declarations and before the expiration of the Policy Period, provided that the Claim for Personal Injury or Advertising Injury is first made against the Insured during the Policy Period (or any applicable extended reporting period) and reported to Underwriters no later than sixty (60) days after the Claim is first made. P1857MM-0311 Page 2 of 31

3 This Policy only applies to Personal Injury if caused by an offense arising out of the conduct of the Named Insured s business, excluding advertising, publishing, broadcasting or telecasting done by, or for the benefit of, the Named Insured. This Policy only applies to Advertising Injury if caused by an offense committed in the course of advertising the Named Insured s goods, products or services. C. Medical Payments If Medical Payments coverage is purchased, Underwriters will pay medical expenses as described below for Bodily Injury caused by an accident: A. On premises the Named Insured owns or rents; B. On ways next to premises the Named Insured owns or rents; or C. Because of the Named Insured s operations; Provided that: A. The accident takes place in the Coverage Territory and occurs during the Policy Period; A claim for damages must first be made against an Insured during the period of Policy Period and reported to Underwriters no later than sixty (60) days after the Claim is first made. B. The medical expenses are incurred and reported to Underwriters within one year of the date of the accident; and C. The injured person submits to examination, at Underwriters expense, by physicians of Underwriters choice as often as Underwriters reasonably require. Underwriters will make these payments regardless of fault. These payments will not exceed the applicable Limit of Liability, as set forth in Item 4 of the Declarations. Underwriters will pay reasonable expenses for: A. First aid administered at the time of an accident; B. Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and C. Necessary ambulance, hospital, professional nursing and funeral services. Underwriters will not pay medical expenses for bodily injury: A. To any Insured. B. To a person hired to do work for or on behalf of any Insured or a tenant of any Insured. C. To a person injured on that part of premises the Named Insured owns or rents which such person normally occupies. D. To a person, whether or not an Employee of any Insured, if benefits for the Bodily Injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. E. To a person injured while taking part in athletics. F. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. G. Excluded under Section 2 General Liability. 2. DEFENSE, SETTLEMENT, INVESTIGATION P1857MM-0311 Page 3 of 31

4 The Company hasunderwriters have the right and duty to defend any Claim against thean Insured seeking Damages which are payable under the terms of this Policy, even if any of the allegations of the Claim are groundless, false or fraudulent. The Company hasunderwriters have the right to appoint an attorney to defend any claim against the Insured. Underwriters have the right, in their sole discretion, to effect any settlement they deem prudent. The Company shall not be obligated to defend any Claim or makeunderwriters will pay Defense Expenses as part of, and not in addition to, the applicable Limit of Liability. Underwriters duty to defend any paymentclaim ends, and Underwriters may withdraw from the defense, after the applicable Limit of Liability of this Policy has been exhausted by the payment of Damages or Defense Expenses, or both. 3. COVERAGE TERRITORY With regard to Professional Liability (Section 1), this Policy shall apply to Claims brought against the Insured in the United States of America (including its territories and possessions) as a result of Professional Services provided anywhere in the world. With regard to General Liability (Section 2), this Policy shall apply to Claims brought against the Insured in the United States of America (including its territories and possessions) as a result of General Liability Incidents which occur in: A. The United States of America (including its territories and possessions), Puerto Rico and Canada; B. International waters or airspace, provided the General Liability Incidents do not occur in the course of travel or transportation to or from any place not included in 3.A. above; or C. All parts of the world if: i) The Bodily Injury or Property Damage arises out of: (a) Goods or products made or sold by thean Insured in the territory described in 3 (A) above; or (b) The activities of a person whose home is in the territory described in 3.A. above, but is away for a short time on the Named Insured s business. 4. LIMITLIMITS OF LIABILITY Section 1 - Professional Liability The Limits of Liability for Professional Liability (Coverage Section 1) are as stated in Item 4 of the Declarations. The Each Claim Limit of Liability stated in the Declarationsfor Coverage Section 1 is the total limit applicable for allmost Underwriters will pay as Damages or Defense Expenses, or both, arising out of any one Claim for a Professional Liability Incident or General Liability Incidentmade during the Policy Period, regardless of the number of persons or organizations making Claims made, or the number of Insureds against whom Claims are made. The Professional Liability and the General Liability each has its own separate Limits of Liability. The Professional Liability and the General Liability Aggregate Limit of Liability stated in Item 4 of the Declarations are the total limit applicable for all is the most Underwriters will pay P1857MM-0311 Page 4 of 31

5 as Damages or Defense Expenses, or both arising out, for the sum of all Claims made during the Policy Period (including any applicable extended reporting period)under that Coverage Section of the Policy, regardless of the number of Claims made, persons or organizations making Claims, or the number of Insureds against whom Claims are made. It is agreed that any Claims relating to Bodily Injury sustained by any client, patient or resident of the Named Insured arising out of circumstances that would otherwise be insured under Coverage Section 2, General Liability, shall be deemed to be Professional Liability Incidents and subject to the Limits of Liability applicable to Coverage Section 1, Professional Liability. Section 2 - General Liability The Limits of Liability for General Liability (Coverage Section 2) are as stated in Item 4 of the Declarations, and the rules below fix the most Underwriters will pay regardless of the number of Claims made, persons or organizations making Claims, or the number of Insureds against whom Claims are made. A. The General Liability Aggregate Limit of Liability, as stated in Item 4 of the Declarations, is the most Underwriters will pay for the sum of: i) Damages and Defense Expenses under Insuring Agreement A. for Bodily Injury and Property Damage, except Damages and Defense Expenses because of Bodily Injury and Property Damage included in the Products and Completed Operations Hazard; ii) Damages and Defense Expenses under Insuring Agreement B. for Personal and Advertising Injury; and iii) Medical Payments under Insuring Agreement C. B. The Products and Completed Operations Hazard Aggregate Limit is the most Underwriters will pay under Insuring Agreement A for Damages and Defense Expenses, or both, because of Bodily Injury and Property Damage included in the Products and Completed Operations Hazard. C. Subject to paragraph A or paragraph B above, whichever applies, the each Claim Limit of Liability for General Liability is the most Underwriters will pay for the sum of Damages and Defense Expenses, or both, arising out of any one Claim made during the Policy Period under Insuring Agreements A and B. D. Subject to paragraph C above, the Fire Damage Limit of Liability, if shown in Item 4 of the Declarations, is the most Underwriters will pay under Insuring Agreement A for Damages because of Property Damage to premises rented by, or leased to, the Named Insured, arising out of any one fire. E. Subject to paragraph C above, the Medical Payments Limit, if shown in Item 4 of the Declarations, is the most Underwriters will pay under Insuring Agreement C for all medical payments because of Bodily Injury sustained by any one person. Combined Policy Aggregate Limit of Liability P1857MM-0311 Page 5 of 31

6 The Combined Policy Aggregate Limit of Liability stated in Item 4 of the Declarations is the total limit applicable for all Damages or Defense Expenses, or both, arising out of all Claims made during the Policy Period (including any applicable extended reporting period), regardless of the number of Claims made, persons or organizations making Claims, or the number of Insureds against whom Claims are made. The Combined Policy Aggregate Limit of Liability stated in Item 4 of the Declarations is shared by both the Professional Liability (Coverage Section 1) and the General Liability (Coverage Section 2) sections of the Policy. 5. SELF INSURED RETENTION The CompanyUnderwriters shall only be liable to make payment in excess of the Self Insured Retention specified in Item 5. of the Declarations of this Policy. The CompanyUnderwriters shall have no obligation to make any payment until the Self Insured Retention has been exhausted by the actual payment of Damages or Defense Expenses, or both, in respect of a Claim otherwise covered by this Policy. The Insured shall bear all Damages or Defense Expenses, or both, incurred until such time as the Self Insured Retention is exhausted. The Self Insured Retention shall only be reduced or exhausted by the actual payment of Damages or Defense Expenses, or both, which would, except for the amount thereof, be covered by this Policy. The Insured must pay all Defense Expenses as they accrue, until such time as the Self Insured Retention is exhausted. Any failure by the Insured to pay Defense Expenses as they accrue shall constitute a material breach of this Policy. 6. APPLICATION OF POLICY This Policy only applies to Professional Liability Incidents and General Liability Incidents which occur subsequent to the Retroactive Date and prior to the expiration of the Policy Period, and regarding which a Claim is first made against the Insured during the Policy Period (or any applicable extended reporting period) and reported to the Company as soon as practicable (but not moreunderwriters no later than thirty (30sixty (60) days after the expiration of the Policy Period or after the expiration of any applicable extended reporting period).claim is first made. All Claims arising out of the same Professional Liability Incident or General Liability Incident shall be treated as a single Claim and considered as having been made at the time the first Claim was made. The inclusion of more than one Insured or the making of Claims by or on behalf of more than one person or organization shall not operate to increase the Company sunderwriters Limit of Liability. All related Claims shall be subject to the Limit of Liability applicable to the Policy Period in which the first of all such related Claims was reported. No Claim can qualify as both a Professional Liability Incident and a General Liability Incident under this Policy, and no claim can trigger multiple both the Limits of Liability for Coverage Section 1 and the Limits of Liability for Coverage Section 2 under this Policy. 7. CURRENCY & PAYMENT OF PREMIUMS & LOSSES The premium and losses under this Policy are payable in United States dollars. 8. NON-PYRAMIDING OF LIMITS In the event that any Claim is covered, in whole or in part, under more than one insuring agreement of this Policy, or more than one policy insured by Underwriters and issued by NAS P1857MM-0311 Page 6 of 31

7 Insurance Services, Inc., including any coverage(s) added by endorsement, then the total applicable Limit of Liability for such Claim shall not exceed the single largest Limit of Liability available for such Claim under any such insuring agreement or policy. Such largest applicable Limit of Liability shall apply only once to such Claim. The Retention or Deductible for each insuring agreement or policy shall be applied to the portion of such Claim that is allocated to the respective Insured. An Insured shares the limit of the Named Insured where liability for acts or omissions of others is imputed to such Insured by operation of law. Any person who qualifies as an Insured pursuant to this policy has shared limits with the Named Insured. When actions involve more than one claimant, Insured, Additional Insured or policy, Underwriters will allocate their payments among available limits in their sole discretion. I. II. CONDITIONS 1. INSURED S DUTIES IN THE EVENTNOTIFICATION REQUIREMENTS A. NOTICE OF A CLAIM As a condition precedent to the protection afforded by this Policy, the Insured shall as soon as practicable (but not more than thirty (30) days after the expiration of the Policy Period or after the expiration of any applicable extended reporting period), give written notice to the individual or entity referenced in Item 9. of the Declarations, of everyany Claim no later than sixty (60) days after the Claim is first made against the Insured during the Policy Period (or any applicable extended reporting period) as a result of any Professional Liability Incident or General Liability Incident which occurred after the Retroactive Date and prior to the expiration of the Policy Period.. A Claim will be deemed to be made when it is received by the Insured. The notice should include the date the Claim was received; how, when and where the Professional Liability Incident or General Liability Incident took place; the names and addresses of any injured persons and witnesses; and the nature and location of any resulting injury or Damages; and any other information available to the Insured which might assist Underwriters in their investigation of the Claim. Underwriters are not obligated to pay any Defense Expenses incurred prior to Claim notification. B. NOTICE OF POTENTIAL CLAIM/INCIDENT REPORTING If an Insured first becomes aware of a specific General Liability Incident or Professional Liability Incident during the Policy Period and gives written notice to the entity referenced in Item 9 of the Declarations during the Policy Period of: a) the specific General Liability Incident or Professional Liability Incident, and b) the consequences which have resulted or may result therefrom, and c) the circumstances by which the Insureds first become aware thereof, then any Claim made subsequently arising out of such General Liability Incident or Professional Liability Incident shall be deemed to have been made at the time such notice was first given to Underwriters. 2. ASSISTANCE AND COOPERATION P1857MM-0311 Page 7 of 31

8 The Insured must do nothing after a loss to prejudice the Company sunderwriters rights. The Insured shall cooperate with the CompanyUnderwriters and, upon the Company sunderwriters request, shall assist in the conductinvestigation and defense of the Claim and in enforcing any right of contribution or indemnity against any person or organization who may be liable to thean Insured with respect to any Claim which is or may be covered under this Policy. The Insured shall attend all hearings and trials and will assist in obtaining witnesses, and securing and giving evidence. In the event any payment is made under this Policy, the CompanyUnderwriters will be subrogated to all of the Insured s rights of recovery against any person or organization; the Insured will execute documents and do whatever else is necessary to secure such rights. No Insured shall not admit liability, assume any obligation, settle any Claim, make any payment or incur any Defense Expenses without the written consent of the Company. The CompanyUnderwriters. Underwriters shall not be liable for any payments made or Defense Expenses incurred by or on behalf of the Insured prior to written notice of Claim being received by the entity designated in Item 9. of the Declarations. TheNo Insured shall not voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of a Professional Liability Incident or General Liability Incident. 3. OTHER INSURANCE If other valid and collectible insurance is available to the Insured covering a Claim also covered by this Policy, this Policy shall be in excess of and shall not contribute with such other insurance. Notwithstanding any other insurance provision contained in any other valid and collectible insurance available to the Insured, the other insurance provision contained herein is controlling, and the CompanyUnderwriters shall not make any payments under this Policy until the limits of the Insured s other insurance have been exhausted. Subject to the preceding, the coverage afforded hereunder is in excess of and shall not contribute with any other valid and collectible insurance which has been specifically contracted for the Insured or another under any Policy in which the Insured is a Named Insured or Additional Insured. Nothing herein shall be construed to make this Policy subject to the terms, definitions, conditions and limitations of the other insurances. 4. WARRANTY OF PHYSICIAN COVERAGE The Insured must maintain insurance for any and all A. In consideration of the premium charged, it is agreed that all employed, contract or staff physicians, surgeons or dentists for services performed on behalf ofwho practice at the Insured as a physician, surgeon or dentist. The InsuredNamed Insured s facility, shall supply the Company certificates of insurance for any such individual evidencing that said individual smaintain their own Medical Malpractice Professional Liability insurance. In the event of failure to maintain said insurance, there shall be noinsurance coverage under this policy for any act or circumstance involving said physician, surgeon or dentist.on a continuous basis, subsequent to the effective date of this Policy, maintaining Limits of P1857MM-0311 Page 8 of 31

9 Liability equal to or greater than Underwriters Limit of Liability as shown in the Declarations. B. Underwriters agree that such insurance that would otherwise be afforded under this Policy shall cover and be paid with respect to the Named Insured, irrespective of whether paragraph 4A. has been satisfied. All other terms, conditions and limitations of this Policy apply. 5. LEGAL ACTION AGAINST UNDERWRITERS No person or organization has the right under this Policy: A. toto join the CompanyUnderwriters or their representatives as a party or otherwise bring the CompanyUnderwriters or their representatives into any proceeding seeking Damages from any Insured; or B. toto file suit or any other proceeding against the CompanyUnderwriters, unless there has been full compliance with all of the terms of this Policy. 6. FALSE OR FRAUDULENT CLAIMS If the any Insured gives notice of any Claim or potential Claim knowing the same to be false or fraudulent, this Policy shall become null and void and all rights hereunder shall be forfeited by thethat particular Insured, but not to any other Insured. 7. INSPECTION AND AUDIT The CompanyUnderwriters shall be permitted, but not obligated, to inspect the Insured s property, operations and/or records at any time. Neither the Company sunderwriters right to make inspections nor the making thereof or any report thereon shall constitute an undertaking on behalf of or for the benefit of the Insured to determine or warrant that such property or operations are safe or healthful or are in compliance with any law, rule or regulation. The CompanyUnderwriters may examine and audit the Insured s books and records at any time during the Policy Period, and any extensions thereof, and within three (3) years after the final termination of this Policy. 8. CHANGES The terms of this Policy shall not be waived or changed except by endorsement duly executed by the CompanyUnderwriters and issued to form a part of this Policy. 9. ASSIGNMENT No assignment of interest under this Policy shall be valid except by endorsement duly executed by the CompanyUnderwriters and issued to form a part of this Policy. 10. APPLICATION By acceptance of this Policy, the Named Insured agrees that the statements in the application are his/her/its representations, that such representations are accurate and complete, that such P1857MM-0311 Page 9 of 31

10 representations are material to the risk undertaken by the Company Underwriters, and that this Policy is issued and continued in force in reliance upon the truth of such representations. 11. NOTICE OF CANCELLATION OR NON-RENEWAL The Named Insured may cancel this Policy by surrender thereof to Underwriters, and by mailing or delivering to the Company advance,to Underwriters written notice of stating when thereafter cancellation. Underwriters may cancel this Policy for non-payment of premium or Deductible by providing the Insured ten (10) days' written notice prior to the cancellation by mailing or delivering such notice to the last known mailing address of the Insured. If the Company cancels this Policy for any reason other than non-payment of premium or Deductible, the Company will give the Insured thirty (30) days' written notice prior to cancellation. A. The cancellation notice will state the effective date of the cancellation and this Policy will terminate on that date. shall be effective. The mailing of such notice shall be sufficient notice and the effective date of cancellation shall become the end of the Policy Period. Delivery of such written notice shall be equivalent to mailing. If this Policy is canceled by the Named Insured, the earned premium will be computed on a short rate basis, subject to a minimum earned of twenty-five percent (25%%) of the total annual premium. Payment or tender of any unearned premium by Underwriters shall not be a condition precedent to the effectiveness of cancellation. If the Company cancels this Policy for any reason other than non-payment B. It is understood and agreed that this Policy may be cancelled by Underwriters by mailing to the Named Insured, at the address shown in Item 1 of the Declarations, written notice stating when, not less than thirty (30) days thereafter, cancellation shall be effective. However, in the event of non-payment of premium by the Named Insured, this Policy may be cancelled by Underwriters by mailing notice to the Named Insured stating when, not less than ten (10) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by Underwriters shall be sufficient proof of notice and the coverage provided by this Policy shall end on the effective date and hour of cancellation as stated in the notice. Delivery of such written notice by Underwriters shall be equivalent to mailing. If Underwriters cancel this Policy, the earned premium will be computed prorata. 12. EXTENDED REPORTING PERIOD A. If this Policy is cancelled or non-renewed by the Named Insured, or if the Company refusesunderwriters refuse to renew this Policy for reasons other than non-payment of premium or noncompliance with the terms and conditions of this Policy, then the Named Insured shall have the right, upon payment of an additional premium, to select one of the following extensions of time within which to report any Claims that are first made against thean Insured during such extended reporting period. Options: 12 months for 100% of the premium for the annual Policy Period, or 24 months for 175% of the premium for the annual Policy Period, or 36 months for 225% of the premium for the annual Policy Period. B. Coverage shall only apply to Claims that are both first made against thean Insured and reported to the Company during the Extended Reporting Period purchased, reported to P1857MM-0311 Page 10 of 31

11 Underwriters in accordance with Condition 1, and which arise from professional servicesprofessional Services rendered or incidentsand Professional Liability Incidents or General Liability Incidents which occurred subsequent to the Retroactive Date and prior to the effective date of the Extended Reporting Period purchased. C. The quotation of a different premium, Self-Insured Retention or Limits of Liability for renewal does not constitute a cancellation or refusal to renew for the purposes of this Condition. D. As a condition precedent to the right to purchase the Extended Reporting Period, the total premium for the Policy must have been paid. The right to purchase the Extended Reporting Period shall terminate unless written notice, together with full payment of the premium for the Extended Reporting Period, is received by the CompanyUnderwriters within thirty (30) days after the effective date of cancellation or, in the event of a refusal to renew, within thirty (30) days after the Policy expiration date. If such notice and premium payment is not so given to the CompanyUnderwriters, there shall be no right to purchase the Extended Reporting Period. E. In the event of the purchase of the Extended Reporting Period, the entire premium therefore shall be deemed earned at its commencement. F. The exercise of the Extended Reporting Period shall not in any way increase the the Company sunderwriters Limits of Liability. G. The purchase of an Extended Reporting Period shall not operate to increase the Combined Policy Aggregate Limit of Liability stated in Item 4 of the Declarations for the Policy Period prior to this extension being invoked; such Combined Policy Aggregate Limit of Liability as a consequence shall apply to the expiring Policy Period and the Extended Reporting Period combined. 1. Advertising Injury means: DEFINITIONS an injury caused by any of the following offenses in the advertising of the Insured s Professional Services as a healthcare provider: 13. PROHIBITION OF VOLUNTARY PAYMENT OF A. libel or slander; CLAIM The Insured shall not voluntarily make any payment, assume any obligation, nor incur any expense related to any Claim or Professional Liability Incident or General Liability Incident without prior notice to Underwriters. If an Insured takes any such action, Underwriters specifically deny any obligation to defend or indemnify any Insured for such Claim. 14. LOCUM TENENS FOR INSURED HEALTH CARE PROFESSIONAL(S) This policy provides up to 30 days of coverage to Locum Tenens Health Care Professionals; however, no Locum Tenens who is covered by any other available insurance, an insurance or self-insurance plan, self-insured trust, fronting self-insurance plan and/or retrospective premium policy, or any similar source of payment or indemnification shall qualify for this coverage. P1857MM-0311 Page 11 of 31

12 Locum Tenens coverage in excess of 30 days in a single policy period shall require payment of an additional premium. Such coverage only applies to Locum Tenens holding unrestricted licenses to practice in the Named Insured s state and while working on the Named Insured s behalf. The Locum Tenens must be practicing in the same specialty for which the Named Insured has secured coverage under this policy. The Locum Tenens is covered only while acting in the course and scope of his or her employment by, or contract with, the Named Insured. The Named Insured must maintain accurate records of all Locum Tenens and the dates each Locum Tenens works in place of an Insured. During times the Locum Tenens is covered, coverage is excluded for Professional Services provided by any Insured who such Locum Tenens works in place of. The Locum Tenens and any Insured who such Locum Tenens works in place of shall have shared limits. Coverage afforded under this Section does not increase the limit of liability stated in the Declarations or in an endorsement attached to this policy. Coverage under this Section will be provided for the Locum Tenens acts only if they happened on or after the Retroactive Date and are properly reported in accordance with the terms and Conditions of the Policy. The Locum tenens is subject to the same duties as the Insured in the event of a Claim. 15. ADDITIONAL INSUREDS An Additional Insured s rights under this policy are completely derivative and dependent upon the rights of the Named Insured. An Additional Insured will have coverage for Professional Liability Incidents or General Liability Incidents that take place on or after the Additional Insured s retroactive date and while the Additional Insured is properly endorsed on the Named Insured s policy. Coverage for such Professional Liability Incidents or General Liability Incidents continues so long as the Named Insured maintains continuous related policies underwritten by Underwriters and issued by NAS Insurance Services, Inc. or has an applicable extended reporting period. If the Named Insured s coverage ends or has been cancelled, the Additional Insured s coverage is treated in exactly the same way as the Named Insured s coverage. An Additional Insured has no right to obtain an extended reporting period. The listing of an Additional Insured on this policy does not alter the duties of an Insured under this policy, nor does it increase the limit of liability available under any policy issued by Underwriters. An Additional Insured must cooperate with Underwriters and with defense counsel appointed by Underwriters in the same manner as an Insured. If an Additional Insured is a Health Care Professional, that Additional Insured s coverage is limited to acts within the course and scope of his or her duties while providing Professional Services for the Named Insured. If an Additional Insured is an entity, that Additional Insured s coverage is limited to liability arising from Professional Services furnished on behalf of such entity by an Insured or any other Additional Insured listed on this policy. All limitations and Exclusions that apply to the Named Insured also apply to the Additional Insured. Any settlements and judgments paid as a result of an Additional Insured s acts will apply against the applicable limit of liability of the Named Insured. P1857MM-0311 Page 12 of 31

13 16. LICENSING This insurance may be cancelled by Underwriters if any Insured loses his/her/its licensing. 17. MAINTENANCE OF SELF INSURED RETENTION The Insured shall maintain the Self-Insured Retention as stated in Item 5 of the Declarations. The Insured shall at all times retain the obligation and responsibility for the Self-Insured retained amount. The erosion of the Self-Insured Retention will be monitored by Underwriters. This insurance shall be excess over and above the Self-Insured retained amount until such amount is exhausted by payment of any Claim which would have been covered under this insurance. 18. INTERRELATIONSHIP AND DATE CLAIM MADE More than one claim involving the same or interrelated Professional Liability Incidents, or involving the same or interrelated General Liability Incidents, whichever applies, shall be deemed to constitute a single claim, regardless of the number and identity of individuals and/or entities that are Claimants, regardless of the number and identity of individuals and/or entities who are Insureds, and regardless of the number of Professional Liability Incidents or General Liability Incidents, whichever applies, is alleged to have occurred. Such single claim shall be deemed to have been first made at the earliest of the following times: 1) the time at which the earliest claim involving the same or interrelated Professional Liability Incidents, or involving the same or interrelated General Liability Incidents, whichever applies, was first made; or 2) the earliest time at which notice pursuant to Condition 1, B was given to the Underwriters which subsequently resulted in a claim. III. DEFINITIONS 1. Additional Insured means: each person or entity listed as an Additional Insured on the Declarations or on an endorsement attached to this policy. An Additional Insured is not an Insured as defined in Definition 12 of this policy, and has no rights except as stated in Condition 15 of this policy. 2. Advertising Injury means: an injury caused by any of the following offenses in the advertising of the Named Insured s Professional Services as a healthcare provider: A. libel or slander; B. written or spoken material made public which violates an individual s right of privacy or belittles the product or work of others; C. unauthorized taking of advertising ideas or style of doing business; or D. infringement of copyright, title or slogan Auto means: P1857MM-0311 Page 13 of 31

14 a land motor vehicle, trailer or semi trailer designed primarily for travel on public roads, including any attached machinery or equipment. Auto does not include Mobile Equipment, which is defined to mean any of the following types of land vehicles and any machinery or equipment attached thereto: 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 Named Insured owns or rents; C. Vehicles that travel on crawler treads; D. Vehicles, whether self-propelled or not, that are maintained primarily to provide mobility to permanently mounted: i) Power cranes, shovels, loaders, diggers or drills; or ii) 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: i) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or ii) Cherry pickers and similar devices used to raise or lower workers; F. Vehicles not described in A, B, C or D above, that are 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 Mobile Equipment but will be considered Autos: i) Equipment designed primarily for: (a) (b) (c) Snow removal; Road maintenance, but not construction or resurfacing; Street cleaning; ii) iii) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 34. Bodily Injury means: P1857MM-0311 Page 14 of 31

15 physical injury, sickness or disease suffered by a person, including death. Bodily Injury does not include mental anguish, mental injury or emotional distress, including death at any time resulting therefrom unless due to physical injury, sickness or disease. 45. Claim means: any suit or written or verbal demand for Damages received by an Insured, or written, or any event which reasonably might give rise to a demand for Damages and which demand or event results from a Professional Liability Incident or General Liability Incident to which this policy applies Damages means: a compensatory settlement, award or judgment which an Insured becomes legally obligated to pay. Damages include pre-judgment interest and punitive or exemplary damages where insurable by law. Damages do not include: A. Defense Expenses; B. fines or penalties, or any damages which are a multiple of compensatory damages; C. the return or restitution of fees, compensation, profits, charges and/or expenses paid to the an Insured for services rendered; or D. judgments or awards deemed uninsurable by law. 67. Defense Expenses means: A. all reasonable and necessary legal fees and expenses incurred in defending a Claim, all costs taxed against thean Insured in any suit, and all post-judgment interest which accrues on the entire amount of the judgment before the Company has Underwriters have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable Limit of Liability of this Policy; B. premiums on appeal bonds required in any defended suit. The Company hasapproved by Underwriters; however, Underwriters have no obligation to apply for, or furnish, an appeal bond. The amount of any appeal bond shall not exceed the applicable Limit of Liability of this Policy; and C. all reasonable expenses, other than loss of earnings, incurred by the Insured at the Company s request and with the Company s prior agreement.reasonable travel and lodging expenses incurred by an Insured or an Additional Insured at Underwriters request in assisting Underwriters in investigating or defending any Claim or suit, including the following amounts due to attendance at trial or arbitration: (i) (ii) $1,500 per day and $750 per half day to Insureds and Additional Insureds; and documented loss of earnings by all other Insureds and Additional Insureds, not to exceed $1,500 per day and $750 per half day. Defense Expenses does do not include any amounts incurred after the Each Claim Limit under Coverage Sections 1 or 2, the Aggregate Limit of Liability under Coverage Sections 1 or 2, or the Combined Policy Aggregate Limit is exhausted by payment of Damages or Defense Expenses or both. P1857MM-0311 Page 15 of 31

16 7.The following are not to be included within the meaning of Defense Expenses and are the responsibility of the Named Insured: (a) (b) (c) the remuneration, salaries, wages, fees, expenses, benefit expenses, overhead or administrative costs of, or paid to, any Insured, any amounts incurred in defense of any Claim for which any other insurer has a duty to defend regardless of whether or not such other insurer undertakes such duty. any fees, costs, or expenses incurred with respect to any criminal proceedings or actions against any Insured. 8. Extended reporting period means: The period of time after the end of the Policy Period for reporting Claims, as provided in Condition 12 of this Policy. 9. General Liability Incident means: an accident which results in Bodily Injury or Property Damage or a loss which results in Personal Injury or Advertising Injury, neither expected nor intended from the standpoint of the Insured. All Bodily Injury or Property Damage resulting from continuous or repeated exposure to substantially the same general conditions shall be considered the result of one General Liability Incident, regardless of the number of locations, claimants or Insureds involved Health Care Professional means: an acupuncturist, certified registered nurse anesthetist, homeopath, neonatology nurse, nurse practitioner, accredited and hospital privileged surgical assistant, optometrist, perfusionist, physician assistant, physician surgical assistant, podiatrist, psychologist, registered nurse anesthetist, or behavioral, occupational, physical or respiratory therapist. 11. Impaired property means tangible property, other than the Insured s product or the Insured s work, that cannot be used or is less useful because: A. It incorporates the Insured s product or the Insured s work that is known or thought to be defective, deficient, inadequate or dangerous; or B. The Insured has failed to fulfill the terms of a contract or agreement, if such property can be restored to use by: i) The repair, replacement, adjustment or removal of the Insured s product or the Insured s work; or ii) The Insured s fulfilling the terms of the contract or agreement Insured means: P1857MM-0311 Page 16 of 31

17 A. the Named Insured, being the entity designated in Item 1. of the Declarations. The Insured shall also include, until such time as they may be sold or otherwise disposed of or become unaffiliated with the Insured: ; i) any additional entities specified in the Declarations or added by endorsement to this Policy; ii) any subsidiary or owned or controlled companies of the Insured as are in existence at the inception date of this Policy; iii) any subsidiary or owned or controlled company of the Insured created or acquired subsequent to the inception date of this Policy, but coverage hereunder will not apply: (a) (b) to any Claims arising from Professional Services which were rendered or Incidents which occurred prior to the date of such creation or acquisition; and for a period greater than thirty days from the date of such creation or acquisition. However, if the Insured shall give the Company notice of any such created or acquired subsidiary or owned or controlled company within the aforesaid period of thirty days the Insured shall: 1 pay any additional premium, and 2 accept such terms, as may be required by the Company, then this Policy shall continue to apply to such subsidiary or owned or controlled company. B. any employee of the Named Insured, but only while acting within the scope of their duties as such; C. any independent contractor of the Named Insured, but only while acting within the service of the Named Insured, and provided the Named Insured, as listed on Item 1. of the Declarations, is also named in any action; D. any member or partner of a joint venture or partnership specifically designated in the Declarations or add by endorsement, but only with respect to such member s or partner s liability arising within the scope of their duties within such designated joint venture or partnership; E. any executive officer, member of the board of directors, trustees or governors of the Named Insured, but only while acting within the scope of their duties as such; F. any authorized student or volunteer of thethe Named Insured, but only while acting within the scope of their duties as such; G. any member of a formal accreditation, standards review or similar professional board or committee of the Named Insured, or any employee of the Named Insured charged with the duty of executing the directives of such professional board or committee, or any employee of the Named Insured communicating information to such professional board P1857MM-0311 Page 17 of 31

18 or committee; but only while the such member or employee of the Named Insured is acting within the scope of their duties as such; H. any Government Authority, funding source or Institution, but only in respect of liability arising out of the operations of the Named Insured and upon the specific request of such Government Authority, funding source or Institution; I. any person or entity to whom the Named Insured is contractually obligated, either in writing or verbally, to provide such coverage as is afforded by this Policy; J. any person or organization having proper temporary custody of the an Insured s property due to the Insured s death, but only: (i) (ii) with respect to liability arising out of the maintenance or use of that property; and until the Insured s legal representative has been appointed. K. an Insured s legal representative if the Insured dies, but only with respect to their duties as such. That representative will assume both the Insured s rights and duties under this Policy. P1857MM-0311 Page 18 of 31