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1 New Empire Group, Ltd. 214 West Park Avenue, Long Beach, NY Ph: UMBRELLA POLICY ISSUANCE LETTER ATTENTION: DATE: COMPANY: DBA: MAILING ADDRESS: EFFECTIVE DATE: UMBRELLA CERTIFICATE NUMBER: EXPIRATION DATE: Thank you for choosing New Empire Group. We are pleased to confirm the placement of your commercial umbrella business with the Risk Purchasing Group (RPG). The master policy is available upon your request should you require a copy. Enclosed you will find: Certificate of Participation (Risk Eligibility and Underlying Insurance requirements) Rating Factors Schedule of Locations Additional Named Insured(s) In order to accept this insurance and to ensure continuous coverage for the above named insured, you must review the attached documents and remit payment within 30 days of the coverage effective date or a non payment cancellation notice will be issued. If the notice of cancellation must be enforced, cancellation of the coverage will be effective as of the date of this binder. If you or the insured do not accept the terms and conditions of this insurance or wish to make any change, including changes to the policy limits and/or exposures, please notify us immediately. UMBRELLA DISCLOSURE Payment of premium confirms your acceptance of the terms and conditions of this insurance and compliance with the Risk Eligibility Requirements and Underlying Insurance as stated in the Certificate of Participation also confirming no reported losses exceeding $100,000 in the past year. Contradicting risk and exposure information, non compliance with the underlying insurance requirements, and addition or change in owned/leased automobile exposure, or planned renovations may cause this insurance to be null and void. You must notify us of any material change in the risk information (COPE) and/or exposures to allow us the opportunity to underwrite and evaluate the insurance eligibility. New Empire Group Policy Issuance Letter

2 New Empire Group, Ltd. 214 West Park Avenue, Long Beach, NY Ph: CERTIFICATE OF PARTICIPATION THIS INSURANCE IS PROVIDED THROUGH THE RISK PURCHASING GROUP: (MCREA) A "CERTIFICATE OF PARTICIPATION" IS ISSUED TO EACH MEMBER OF THE PURCHASING GROUP AS EVIDENCE OF INSURANCE. PLEASE REFER TO THE CERTIFICATE OF PARTICIPATION FOR THE APPLICABLE LIMIT OF LIABILITY, PARTICIPATING INSURERS, COVERAGE PERIOD, AND ADDITIONAL TERMS, CONDITIONS AND EXCLUSIONS THAT MAY APPLY. THIS SECTION HIGHLIGHTS THE UNDERLYING INSURANCE REQUIREMENTS. PLEASE READ CAREFULLY. Payment and Acceptance of this insurance confirms the following Underlying Insurance and Risk Eligibility Requirements have been met for this RPG Member Insured. Noncompliance with any of these requirements will render this insurance null and void. If so, the Certificate of Participation must be returned to us together with an application for review and consideration. Please contact your Agent with any questions or to make any changes. UNDERLYING INSURANCE AND EXPOSURE REQUIREMENTS: It is warranted by the purchasing group member and/or their agent that the below underlying insurance and exposure requirements have been met and will continue to be complied with throughout the policy term. If there is any reason that the insured does not comply with these terms and conditions you must notify your underwriter immediately. Any changes to the exposure during a policy term must be submitted to your underwriter for review. Coverage cannot be bound, altered, or deleted without prior consent from your underwriter. All underlying carrier(s) must meet the below minimum limits and requirements for applicable coverages: Carrier(s) AM Best Rating General Liability: Per occurrence Aggregate (per location)* Products/Completed Operations Aggregate Advertising Liability/Personal Injury Aggregate Automobile Liability A VII $1,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 CSL Hired and Non Owned Auto $1,000,000 Employers Legal Liability $500,000/$500,000/$500,000 Employee Benefits Liability (Each Claim/Aggregate) $1,000,000/ $1,000,000 Directors and Officers Liability (Each Claim/Aggregate) $1,000,000/ $1,000,000 Garage Liability (Each Occurrence) $1,000,000 Garage Keepers Legal Liability (Each Occurrence/Aggregate) $1,000,000/ $1,000,000 * Combined aggregate limits must be disclosed to your underwriter

3 NOTE: FAILURE TO MEET MINIMUM LIMITS CAN RESULT IN A GAP IN COVERAGE The following criteria apply to Lloyd s of London writing companies and syndicates: Policy is issued as part of a domestic program by a program administrator. General Liability policy is on an ISO form with no manuscript endorsements. Issuing company and/or syndicate is rated on AM Best and meets above minimum rating/financial requirements. Claims are administered in the United States. ADDITIONAL REQUIREMENTS: All underlying carrier(s) are U.S. Domiciled. All underlying General Liability and Auto policies are on Commercial Liability coverage forms. There are no non standard/manuscript forms attached to any GL policy. None of the underlying policies are on Personal Lines forms (i.e. Dwelling Fire or Landlord Policy). All policy sub limits are at least $1,000,000 (except for Medical Expenses and Fire Legal Liability Damage). There are no sub limits on the General Liability policy for Lead Liability coverage. Coverage is limited to real estate exposure relating to the ownership and/or management of real estate. All insureds, location addresses, and description of exposure(s)/rating factors are complete and accurate. Coverage is provided only for the named insureds noted and designated premises listed. Construction and real estate development operations exposure is not present. Coverage is afforded to lessor s risk ownerships only. Developer control does not exceed 20% (applies to condominiums/coops). All condominiums and co operatives maintain a positive reserve fund.

4 New Empire Group, Ltd. 214 West Park Avenue, Long Beach, NY Ph: CERTIFICATE OF PARTICIPATION PRODUCER: CERTIFICATE NUMBER: MASTER POLICY NUMBER: See below METROPOLITAN COMMERCIAL REAL ESTATE ASSOCIATION RISK PURCHASING GROUP Risk Purchasing Group Member and Mailing Address: Designated Location(s) and Named Insured(s): See Schedule of Locations Form and Named Insured Schedule Form attached to and forming part of this Certificate of Coverage. EFFECTIVE DATE: EXPIRATION DATE: 12:01AM standard time at the mailing address of the Risk Purchasing Group Member as stated herein. APPLICABLE LIMITS OF INSURANCE AND PARTICIPATING CARRIERS TOTAL LIMIT OF COVERAGE: SELF INSURED RETENTION: PARTICIPATING INSURANCE COMPANIES AND LIMITS: Issuing Companies Limit Master Policy TOTAL PREMIUM: RATING FACTORS Total Locations: Total Residential Units: In Building Commercial: Standalone Commercial: TOTAL FEES: Vacant Land: Parking: Total Autos:

5 New Empire Group, Ltd. 214 West Park Avenue, Long Beach, NY Ph: CERTIFICATE OF PARTICIPATION FORMS, ENDORSEMENTS, EXCLUSIONS The Master Policy is a standard Commercial Umbrella form. Exclusions and/or endorsements listed above detail changes to the standard form only. All other standard exclusions apply. Copies of the master policies are available upon request. This Certificate of Participation is not an insurance policy. Unless stated otherwise in the Group Master Policies, the coverage identified herein may be canceled by the insurer for non-payment of premium upon 10 days notice, and may be canceled for other reasons upon 30 days notice. The is a non-profit corporation which has, as one of its purposes, purchased insurance on a group basis on behalf of its group participants. The Purchasing Group and its Participants constitute a purchasing group pursuant to the Federal Liability Risk Retention Amendments of This Certificate of Participation identifies those group liabilities issued to the Purchasing Group that are applicable to the participant identified above. All obligations under the group policies are solely those of the insurance companies that issued them. Neither the Purchasing Group nor The New Empire Group, the Purchasing Group's insurance broker, has any obligations in respect to the coverage described herein. The terms and conditions of insurance under the policies identified in this Certificate of Participation are contained solely in the Group Master policies issued to Purchasing Group, copies of which may be viewed upon request. A copy of the By-Laws of the Purchasing Group may be viewed at: New Empire Group, Ltd. 214 West Park Avenue, Long Beach, NY AUTHORIZED SIGNATURE: DATE ISSUED:

6 New Empire Group, Ltd. 214 West Park Avenue, Long Beach, NY Ph: CERTIFICATE OF PARTICIPATION PRODUCER: CERTIFICATE NUMBER: SCHEDULED LOCATIONS LOCATION(S):

7 New Empire Group, Ltd. 214 West Park Avenue, Long Beach, NY Ph: CERTIFICATE OF PARTICIPATION PRODUCER: CERTIFICATE NUMBER: ADDITIONAL NAMED INSURED SCHEDULE ADDITIONAL NAMED INSURED(S): New Empire Group Named Insureds

8 ENDORSEMENT NO. TBD11 See attached certificate Policy Number: See attached certificate Effective Date: See attached certificate THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. MOLD EXCLUSION The following exclusion added to Section IV. EXCLUSIONS: 1. Any and all bodily injury, property damage, personal injury or advertising injury, including but not limited to settlements, judgments, costs, charges, expenses, costs of investigations, or the fees of attorneys, experts, or consultants arising out of or related in any way, either directly or indirectly, to any actual, alleged or threatened inhalation, discharge, dispersal, seepage, migration, absorption, release, exposure, or escape of any mold, mildew or fungus in any form from any source, at any time; or 2. Any loss, cost, expense, liability or other type of obligation arising out of, resulting from or in any way related, directly or indirectly, to any claim, suit, investigation, or administrative proceeding brought by or on behalf of any person, entity, or governmental authority for damages or any other relief or remedy because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, or in any way responding to or assessing the effects of mold, mildew or fungus in any form from any source, at any time. This endorsement does not change any other provision of the policy UMB (Ed )

9 LIBERTY INTERNATIONAL UNDERWRITERS UMBRELLA INSURANCE POLICY In Witness Whereof, we have caused this policy to be signed by its President and Secretary. PRESIDENT Christopher L. Peirce VICE PRESIDENT and SECRETARY Mark C. Touhey LIUIPOLJKT Ed Liberty Insurance Underwriters Inc. 55 Water Street, 23rd Floor New York, NY Toll-free number:

10 Liberty Insurance Underwriters Inc. NOTICE OF CLAIM You may mail or deliver notice of a claim or suit in writing by regular mail or at the following address: Mailing Address: Liberty International Underwriters 55 Water Street, 23rd Floor, New York, NY Attention: Casualty Claims Address: CASClaims@libertyiu.com 1 1 LIU-CLN001 (Ed )

11 55 Water Street, 23rd Floor New York, NY Toll-free number: COMMERCIAL UMBRELLA DECLARATIONS PAGE Broker: NEW EMPIRE GROUP LTD 214 West Park Avenue Long Beach Long Beach City, NY Renewal of: NAMED INSURED AND MAILING ADDRESS: 214 West Park Avenue Long Beach Long Beach City, NY POLICY PERIOD: From: January 1, 2018 To: January 1, :01 A.M. Standard Time at the address of the Named Insured shown above. IN RETURN FOR PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. 3. PREMIUM: Commercial Umbrella: $ Taxes: $ Terrorism Premium: $ Total: $ In the event of cancellation by the Named Insured, the company will receive and retain no less 25.00%. BASIS OF PREMIUM: Non-Auditable (x) Auditable ( ) 4. LIMITS OF INSURANCE: $25,000,000 Each Occurrence $25,000,000 General Aggregate (where applicable) $25,000,000 Products-Completed Operations Aggregate UMB (Ed )

12 5. SELF-INSURED RETENTION: $10, FORMS AND ENDORSEMENTS ATTACHED: See Forms and Endorsements Schedule 1103-UMB (Ed ) PRESIDENT Christopher L. Peirce VICE PRESIDENT and SECRETARY Mark C. Touhey January 10, 2018 Issuance Date UMB (Ed )

13 Effective Date: 01/01/2018 FORMS AND ENDORSEMENTS SCHEDULE It is hereby understood and agreed the following forms and endorsements are attached to and are a part of this policy: Form Number Form Name Endorsement No UMB (Ed 04 00) 1103-UMB (Ed ) Commercial Umbrella Declarations Page Forms and Endorsements Schedule 1022-UMB (Ed ) Schedule of Underlying Policies - Umbrella UMB (Ed ) Named Insured Endorsement UMB (Ed ) Non-Concurrency Endorsement Umbrella Liability Policy UMB (Ed ) Care, Custody or Control Exclusion - Real or Personal Property 1127-UMB (Ed ) Cross Suits Exclusion UMB (Ed ) Discrimination Exclusion UMB (Ed ) Exterior Insulation and Finish System ("EIFS") Exclusion UMB (Ed ) Mold Exclusion UMB (Ed ) Nuclear Energy Liability Exclusion Endorsement UMB (Ed ) Professional Liability Exclusion UMB-NY (Ed ) Silica Exclusion UMB (Ed ) Sub-Limit Exclusion 12 OFAC 08/09 U.S. Economic and Trade Sanctions Clause UMB (Ed ) Violation of Statutes that Govern s, Fax, Phone Calls or Other Methods of Sending Material or Information UMB-EXCL-4010 (Ed. 04 War Liability Exclusion Amendatory Endorsement UMB (Ed )

14 00) Commercial Umbrella Coverage Form 1016-UMB (Ed ) Amendment of Pollution Exclusion - Exception for Named Peril of Hostile Fire 1007-UMB (Ed ) Advertising Injury - Following Form UMB (Ed ) Auto Liability - Following Form UMB (Ed ) Contractual Liability Following Form UMB (Ed ) Directors and Officers Exclusion - Following Form UMB (Ed ) Employee Benefit Liability - Following Form UMB (Ed ) Employers Liability - Following Form UMB (Ed ) Liquor Liability - Following Form UMB (Ed ) Personal Injury - Following Form 24 LIUILE001-NYFTZ-0109 New York Liability State Amendatory Endorsement UMB (Ed ) 1150-UMB (Ed ) 1150-UMB (Ed ) 1150-UMB (Ed ) 1150-UMB (Ed ) 1150-UMB (Ed ) Manuscript Endorsement - ABUSE OR MOLESTATION EXCLUSION Manuscript Endorsement - LIABILITY ARISING OUT OF LEAD EXCLUSION Manuscript Endorsement - CERTIFICATE OF COVERAGE ENDORSEMENT Manuscript Endorsement - DESIGNATED OPERATIONS EXCLUSION Manuscript Endorsement - UMBRELLA EMPLOYMENT RELATED PRACTICES EXCLUSION Manuscript Endorsement - UMBRELLA CARE, CUSTODY OR CONTROL EXCLUSION (GARAGEKEEPERS) 1150-UMB (Ed ) Manuscript Endorsement - AMEND CONDITIONS - SCHEDULE OF LOCATIONS ENDORSEMENT 1150-UMB (Ed ) Manuscript Endorsement - RATE ADJUSTMENT ENDORSEMENT TRIA-E Cap on Losses from Certified Acts of Terrorism 34 TRIA-N Disclosure - Terrorism Risk Insurance Act 35 TRIA-UMB Underlying Coverage Warranty for Certified Act of Terrorism UMB (Ed ) Commercial Umbrella Coverage Form UMB (Ed )

15 Effective Date: 01/01/2018 ENDORSEMENT NO. 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING POLICIES UMBRELLA Carrier, Policy Number and Policy Period Type of Coverage Limits of Insurance Various As On File With New Empire Group 1/1/2018 to 1/1/2019 Description: Commercial General Liability $1,000,000 Each Occurrence $1,000,000 Products - Completed Operations Aggregate $2,000,000 General Aggregate $1,000,000 Personal Injury/Advertising Injury Carrier: Various Policy Number: As On File With New Empire Group Policy Period: Various Description: Employee Benefits $1,000,000 Each Claim $1,000,000 Aggregate Carrier: Various Policy Number: As On File With New Empire Group Policy Period: Various UMB (Ed )

16 Various As On File With New Empire Group 1/1/2018 to 1/1/2019 Automobile Liability $1,000,000 Bodily Injury & Property Damage Combined Single Limit Description: Carrier: Various Policy Number: As On File With New Empire Group Policy Number: Various Various As On File With New Empire Group 1/1/2018 to 1/1/2019 Description: Employers Liability $500,000 Bodily Injury - Each Accident $500,000 $500,000 Carrier: Various Policy Number: As On File With New Empire Group Policy Period: Various Bodily Injury by Disease - Each Employee Bodily Injury by Disease - Policy Limit Various As On File With New Empire Group 1/1/2018 to 1/1/2019 Directors And Officers Liability USD Currency $1,000,000 Each Claim $1,000,000 Aggregate Per Association Description: Directors And Officers Liability $1,000,000 Each Claim $1,000,000 Aggregate Per Association Carrier: Various Policy Number: As On File With New Empire Group Policy Period: Various Various As On File With New Empire Group 1/1/2018 to 1/1/2019 Garage Liability USD Currency $1,000,000 Each Occurrence UMB (Ed )

17 Description: Garage Liability $1,000,000 Each Occurrence Carrier: Various Policy Number: As On File With New Empire Group Policy Period: Various Various As On File With New Empire Group 1/1/2018 to 1/1/2019 Garagekeepers Legal Liability USD Currency $1,000,000 Each Occurrence $1,000,000 Aggregate Description: Garagekeepers Legal Liability $1,000,000 Each Occurrence $1,000,000 Aggregate Carrier: Various Policy Number: As On File With New Empire Group Policy Period: Various UMB (Ed )

18 Effective Date: 01/01/2018 ENDORSEMENT NO. 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT The Named Insured listed in Item 1. of the Declarations is completed to read as follows: 214 West Park Avenue Long Beach Long Beach City, NY This endorsement does not change any other provision of the policy UMB (Ed )

19 Effective Date: 01/01/2018 ENDORSEMENT NO. 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON-CONCURRENCY ENDORSEMENT UMBRELLA LIABILITY POLICY This endorsement modifies insurance provided under the following: The non-concurrency period of any underlying policy will not extend coverage under our policy nor be considered as depleting the underlying policy limits for applicability to the Retained Limit. This endorsement does not change any other provision of the policy UMB (Ed )

20 Effective Date: 01/01/2018 ENDORSEMENT NO. 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA CARE, CUSTODY OR CONTROL EXCLUSION REAL OR PERSONAL PROPERTY The following exclusion is added to Section IV EXCLUSIONS: Any property damage to real or personal property in the care, custody or control of any Insured, or loaned to any Insured, or used, rented, or occupied by any Insured, or as to which any Insured is for any purpose exercising physical control. This endorsement does not change any other provision of the policy UMB (Ed )

21 Effective Date: 01/01/2018 ENDORSEMENT NO. 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS SUITS EXCLUSION The following exclusion is added to Section IV EXCLUSIONS: Any liability of any Named Insured covered under this policy to any other Named Insured covered under this policy. This endorsement does not change any other provision of the policy UMB (Ed )

22 Effective Date: 01/01/2018 ENDORSEMENT NO. 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DISCRIMINATION EXCLUSION The following exclusion is added to Section IV EXCLUSIONS: Any and all bodily injury, property damage, personal injury, or advertising injury, including but not limited to settlements, judgments, costs, charges, expenses, costs of investigations, or the fees of attorneys, experts, or consultants arising out of or related in any way, either directly or indirectly, to any actual or alleged discrimination, humiliation, harassment or misconduct. For purposes of this endorsement discrimination includes, but is not limited to discrimination on the basis of age, gender, ethnic origin, marital status, pregnancy, physical or mental hardship, disability, race, color, religious affiliation, sex, sexual orientation or preference, or any other protected class. All other terms and conditions of this policy remain unchanged UMB (Ed )

23 Effective Date: 01/01/2018 ENDORSEMENT NO. 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTERIOR INSULATION AND FINISH SYSTEM (EIFS) EXCLUSION The following exclusion is added to Section IV EXCLUSIONS: 1. Any bodily injury, property damage, personal injury or advertising injury caused, directly or indirectly, in whole or in part, by the design, manufacture, construction, fabrication, preparation, installation, application, maintenance or repair, including remodeling, service, correction, or replacement of an exterior insulation and finish system or any part thereof, or any substantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, flashings, coating, caulkings or sealants in connection with such a system; or 2. Any property damage to a house or other building to which an exterior insulation and finish system has been applied, if that property damage is caused directly or indirectly, in whole or in part, by the exterior insulation and finish system ; This exclusion applies if the work is performed by any Insured or anyone on behalf of any Insured and this exclusion applies regardless of any other cause or event that contributed concurrently or in any sequence to that injury or damage. For the purposes of this endorsement an exterior insulation and finish system means an exterior cladding or finish system applied to a house or other building, and consisting of: a) A rigid or semi-rigid insulation board made of expanded polystyrene or other materials; and b) The adhesive and/or mechanical fasteners used to attach the insulation board to the substrate; and c) A reinforcing mesh that is embedded in a base coat applied to the insulation board; and d) A finish coat providing surface texture and color. All other terms and conditions of this policy remain unchanged UMB (Ed )

24 Effective Date: 01/01/2018 ENDORSEMENT NO. 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOLD EXCLUSION The following exclusions are added to Section IV. EXCLUSIONS: 1. Any and all bodily injury, property damage, personal injury or advertising injury, including but not limited to settlements, judgments, costs, charges, expenses, costs of investigations, or the fees of attorneys, experts, or consultants arising out of or related in any way, either directly or indirectly, to any actual, alleged or threatened inhalation, discharge, dispersal, seepage, migration, absorption, release, exposure, or escape of any mold, mildew or fungus in any form from any source, at any time; or 2. Any loss, cost, expense, liability or other type of obligation arising out of, resulting from or in any way related, directly or indirectly, to any claim, suit, investigation, or administrative proceeding brought by or on behalf of any person, entity, or government authority for damages or any other relief or remedy because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, or in any way responding to or assessing the effects of mold, mildew or fungus in any form from any source, at any time. This endorsement does not change any other provision of the policy UMB (Ed )

25 Effective Date: 01/01/2018 ENDORSEMENT NO. 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to: NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 1. Any liability, injury or damage: a) with respect to which any Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an Insured under any such policy but for its termination upon exhaustion of its Limits of Insurance; or b) resulting from the hazardous properties of nuclear material and with respect to which: i. a person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or ii. any Insured 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 States of America, or any agency thereof, with any person or organization. 2. Any injury or nuclear property damage resulting from the hazardous properties of nuclear material, if: a) the nuclear material : i. is at any nuclear facility owned by, or operated by or on behalf of, any Insured ; or ii. has been discharged or dispersed therefrom; b) the nuclear material is contained in spent fuel or nuclear waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of any Insured ; or c) the injury or nuclear property damage arises out of the furnishing by any Insured 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 UMB (Ed )

26 possessions or Canada, this Exclusion 2.c. applies only to nuclear property damage to such nuclear facility and any property therein. 3. As used in this exclusion: a) hazardous properties includes radioactive, toxic or explosive properties. b) nuclear facility means: i. any nuclear reactor ; ii. iii. iv. any equipment or device designed or used for: (1) separating the isotopes of uranium or plutonium; (2) processing or utilizing spent fuel ; or (3) handling, processing or packaging nuclear waste ; any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured 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; any structure, basin, excavation, premises or place prepared or used for the storage or disposal of, nuclear waste, and includes the site on which any of the foregoing is located, all operations considered on such site and all premises used for such operations. c) nuclear material means source material, special nuclear material or by-product material. d) nuclear property damage includes all forms of radioactive contamination of property. e) 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. f) nuclear waste means any nuclear waste material: i. containing by-product material other than the tailings of nuclear waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content; and ii. resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under Paragraph 3.b) i. or 3.b) ii. g) 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. h) spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. This endorsement does not change any other provision of the policy UMB (Ed )

27 Effective Date: 01/01/2018 ENDORSEMENT NO. 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY EXCLUSION UMBRELLA The following exclusion is added to Section IV EXCLUSIONS: Any liability for, caused by, arising out of, or in connection with the rendering of or failure to render any professional service. This endorsement does not change any other provision of the policy UMB (Ed )

28 Effective Date: 01/01/2018 ENDORSEMENT NO. 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to: SILICA EXCLUSION Any liability based upon, arising out of, in connection with, or in any way related, either directly or indirectly, to: a) silica, silica products, silica -containing materials or products, silica fibers or silica dust, including, but not limited to, manufacturing, mining, usage, sales, installation, removal or distribution activities; or b) exposure to, testing for, monitoring of, cleaning up, removing, containing or treating of silica, silica products, silica -containing materials or products, silica fibers or silica dust. When used in this endorsement, the term silica means any solid, liquid or gaseous material consisting of or containing silica, silica fibers or particles, or silica dust. This exclusion is limited to those forms of silica that are known to be a health hazard. This endorsement does not change any other provision of the policy UMB-NY (Ed )

29 Effective Date: 01/01/2018 ENDORSEMENT NO. 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUB-LIMIT EXCLUSION The following exclusion is added to Section IV. Exclusions: Any bodily injury, property damage, personal injury or advertising injury, if such injury or damage is subject to a sub-limit on the underlying policy. Sub-limit means a limit lower than the otherwise applicable limit stated on the Declarations of the underlying policy. All other terms, conditions and exclusions of the Policy remain unchanged UMB (Ed )

30 Effective Date: 01/01/2018 ENDORSEMENT NO. 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. 1 1 OFAC 08/09

31 Effective Date: 01/01/2018 ENDORSEMENT NO. 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIOLATION OF STATUTES THAT GOVERN S, FAX, PHONE CALLS OR OTHER METHODS OF SENDING MATERIAL OR INFORMATION This insurance does not apply to: Distribution of Material in Violation of Statutes Any bodily injury, property damage, personal injury or advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate: a) the Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b) the CAN-SPAM Act of 2003, including any amendment of or addition to such law; or c) any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communication or distribution of material or information. This endorsement does not change any other provision of the policy UMB (Ed )

32 Effective Date: 01/01/2018 ENDORSEMENT NO. 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION AMENDATORY ENDORSEMENT COMMERCIAL UMBRELLA COVERAGE FORM It is hereby agreed that the Policy shall be amended as follows: 1. Exclusion M, which reads as follows, is hereby deleted: 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. 2. The following exclusion applies in addition to the exclusions in the Policy and in any other endorsements thereof: No coverage shall exist under this policy for Bodily Injury, Property Damage, Personal Injury, Advertising Injury or Personal and advertising injury, however caused, arising, directly or indirectly, out of: a) War, including undeclared or civil war; or 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. All other terms, conditions, and exclusions of this Policy remain unchanged. 1 1 UMB-EXCL-4010 (Ed )

33 Effective Date: 01/01/2018 ENDORSEMENT NO. 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF POLLUTION EXCLUSION EXCEPTION FOR NAMED PERIL OF HOSTILE FIRE Exclusion L. is deleted from Section IV. EXCLUSIONS and is replaced by the following: Any liability, including but not limited to settlements, judgments, costs, charges, expenses, costs of investigations, or the fees of attorneys, experts, or consultants, arising out of or in any way related to: 1. the actual, alleged, or threatened presence discharge, dispersal, seepage, migration, release, or escape of pollutants, however caused. 2. any request, demand or order that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond, to or assess the effects of pollutants. This includes demands, directives, complaints, suits, orders or requests brought by any governmental entity or by any person or group of persons. 3. steps taken or amounts incurred by a governmental unit or any other person or organization to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize or assess the effects of pollutants. This exclusion will apply to any liability, costs, charges, or expenses, or any judgments or settlements, arising directly or indirectly out of pollution whether or not the pollution was sudden, accidental, gradual, intended, expected, unexpected, preventable or not preventable. As used in this exclusion, pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant, including, but not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste material. Waste material includes materials which are intended to be or have been recycled, reconditioned or reclaimed. This exclusion does not apply to bodily injury or property damage arising out of the named peril of heat, smoke or fumes from a hostile fire at any Insured s premises or job location, to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. As used in the exclusion: Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be UMB (Ed )

34 This endorsement does not change any other provision of the policy UMB (Ed )

35 Effective Date: 01/01/2018 ENDORSEMENT NO. 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVERTISING INJURY FOLLOWING FORM The following exclusion is added to Section IV. EXCLUSIONS: Any liability imposed by law, or assumed by any Insured under an insured contract, because of advertising injury, except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such coverage. This endorsement does not change any other provision of the policy UMB (Ed )

36 Effective Date: 01/01/2018 ENDORSEMENT NO. 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO LIABILITY - FOLLOWING FORM The following exclusion is added to Section IV EXCLUSIONS: Any liability arising out of the ownership, maintenance, operation, use, loading or unloading of any auto, except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy UMB (Ed )

37 Effective Date: 01/01/2018 ENDORSEMENT NO. 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA CONTRACTUAL LIABILITY FOLLOWING FORM The following exclusion is added to Section IV EXCLUSIONS: Any liability assumed by any Insured under any insured contract, except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy UMB (Ed )

38 Effective Date: 01/01/2018 ENDORSEMENT NO. 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA DIRECTORS AND OFFICERS EXCLUSION FOLLOWING FORM The following exclusion is added to Section IV EXCLUSIONS: Any liability arising out of or related in any way, either directly or indirectly, to any wrongful act of any director or officer of any Insured in the discharge or performance of any duties as such a director or officer, except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. As used in this endorsement, wrongful act means any actual or alleged error, misstatement, misleading statement, act, or omission, neglect, breach of duty by any director or officer in the discharge of any duty as a director or officer, or any matter claimed against such a director or officer by reason of such director s or officer s being a director or officer of any Insured. This endorsement does not change any other provision of the policy UMB (Ed )

39 Effective Date: 01/01/2018 ENDORSEMENT NO. 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA EMPLOYEE BENEFIT LIABILITY FOLLOWING FORM The following exclusion is added to Section IV EXCLUSIONS: Any actual or alleged act, error, or omission in the administration of any Insured s Employee Benefit Programs, except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy UMB (Ed )

40 Effective Date: 01/01/2018 ENDORSEMENT NO. 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS LIABILITY FOLLOWING FORM The following exclusion is added to Section IV. EXCLUSIONS: Any liability imposed by law, or assumed by any Insured under an insured contract, because of Employers Liability, except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such coverage. This endorsement does not change any other provision of the policy UMB (Ed )

41 Effective Date: 01/01/2018 ENDORSEMENT NO. 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA LIQUOR LIABILITY - FOLLOWING FORM The following exclusion is added to Section IV EXCLUSIONS: Any liability of any Insured by reason of: (1) causing or contributing to the intoxication of any person; or (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; except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy UMB (Ed )

42 Effective Date: 01/01/2018 ENDORSEMENT NO. 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY FOLLOWING FORM The following exclusion is added to Section IV. EXCLUSIONS: Any liability imposed by law, or assumed by any Insured under an insured contract, because of personal injury, except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy UMB (Ed )

43 Effective Date: 01/01/2018 ENDORSEMENT NO. 25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK LIABILITY STATE AMENDATORY ENDORSEMENT The failure to give notice as prescribed by this policy will not invalidate a claim made by the insured, an insured person, or any other claimant, unless the late notice has prejudiced the insurer, except as provided under NY Insurance Law section 3420(a)(4). With respect to a personal injury or wrongful death claim, if the insurer disclaims liability or denies coverage based on a failure to provide timely notice, then the injured person or other claimant may maintain an action directly against the insurer, on the sole question of late notice, unless the insured or the insurer, within 60 days of the disclaimer, initiates an action to declare the rights of the parties under the policy, and names the injured person or other claimant as a party to the action. 1 1 LIUILE001-NYFTZ-0109

44 Effective Date: 01/01/2018 ENDORSEMENT NO. 26 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION EXCLUSION The following exclusion is added to Section IV. - EXCLUSIONS: Any liability for or arising out of: 1. the actual, threatened or alleged abuse, harassment or sexual conduct by anyone of any person; or 2. the negligent a. employment, b. investigation, c. supervision, d. reporting to the proper authorities, or failure to report, e. retention, or f. referral of a person for whom any "Insured" is or ever was legally responsible and whose conduct would be excluded by 1 above, except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy UMB (Ed )

45 Effective Date: 01/01/2018 ENDORSEMENT NO. 27 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY ARISING OUT OF LEAD EXCLUSION The following exclusions are added to Section IV. - EXCLUSIONS: Any liability arising out of, resulting from, or in any way caused by or related to any actual, alleged, or threatened, ingestion, inhalation, absorption or exposure to lead, in any form from any source, except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy; or Any loss, cost, expense, liability or other type of obligation arising out of or resulting from or in any way related to any: a. "claim", "suit", request, demand, directive, or order by or on behalf of any person, entity, or governmental authority that any "Insured" or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to or assess the effects of lead in any form from any source; or to any b. "claim" or "suit" by or on behalf of any person, entity or governmental authority for damages or any other relief or remedy because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing or in any way responding to or assessing the effects of lead in any form; except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy UMB (Ed )

46 This endorsement does not change any other provision of the policy UMB (Ed )

47 Effective Date: 01/01/2018 ENDORSEMENT NO. 28 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFICATE OF COVERAGE ENDORSEMENT The following changes apply to the Commercial Umbrella Policy: 1. The Named Insured, as shown in Item 1. of the Declarations is amended to read as follows : Those members of the as scheduled on their individual Certificate of Coverage issued by, and on file with, the Agent or Broker shown on the Declarations. 2. The Policy Period shown in Item 2. of the Declarations applies to the Certificate of Coverage as follows: Each Certificate of Coverage will have an effective date of coverage commencing within the Policy Period shown in Item 2. of the Declarations. The Coverage Period shown on the Certificate of Coverage will in no event be longer than twelve (12) months. 3. The Limits of Insurance shown in Item 4. of the Declarations apply individually to each Certificate of Coverage issued to a member of the Metropolitan Real Estate Association UMB (Ed )

48 References in SECTION II. LIMITS OF INSURANCE to Policy Period as shown in Item 2. of the Declarations mean the Coverage Period shown on the Certificate of Coverage for each Certificate Holder. 4. The reference in Condition I. Maintenance of Underlying Insurance under Section VI. CONDITIONS to Policy Period means the Coverage Period shown on the Certificate of Coverage for each Certificate Holder. 5. The following is added to Section VI. CONDITIONS: A. RECONCILIATION It is agreed that if exclusions, restrictions, amendments, or limits of coverage shown on the Certificate of Coverage issued to an individual member are more restrictive than this policy, then those exclusions, restrictions, amendments or limits of coverage shall be deemed to be part of this policy. In no event shall the limits under this policy be greater than the Limits of Insurance shown in Item 4. of the Declarations. This endorsement does not change any other provision of the policy UMB (Ed )

49 Effective Date: 01/01/2018 ENDORSEMENT NO. 29 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED OPERATIONS EXCLUSION I. The following exclusion is added to Section IV. - EXCLUSIONS: This insurance does not apply to any liability for, or arising out of, directly or indirectly, any liability or loss, cost or expense arising out of any "construction or development". This exclusion applies regardless of: A. whether such operations or work are or were performed or completed: 1. by you or on your behalf; 2. for you; 3. by or for others; or 4. for sale to others; and B. when or where such operations or work are or were performed or completed. Notwithstanding the foregoing, this exclusion does not apply to "maintenance or renovations." II. For purposes of this endorsement only, the following definitions are added: 1. "Construction or development" means any: a. Addition to any building or other structure: b. Complete or partial construction or demolition or erection of any building or other structure; or c. Planning, site preparation, surveying or other construction or development of real property UMB (Ed )

50 2. "Maintenance or renovation" a. means: i. alteration or renovation operations; or ii. maintenance or repair operations. b. does not include any structural alteration that involves changing the size of, or any demolishing or moving of any building or other structure. This endorsement does not change any other provision of the policy UMB (Ed )

51 Effective Date: 01/01/2018 ENDORSEMENT NO. 30 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA EMPLOYMENT RELATED PRACTICES EXCLUSION Section IV. - EXCLUSIONS, Paragraph O is deleted and replaced with the following: O. Bodily injury, property damage, personal injury or advertising injury arising out of any: 1. refusal to employ or promote; 2. termination of employment; 3. coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, molestation, humiliation, discrimination or other employment related practices, policies, acts or omission; or 4. consequential bodily injury, property damage, personal injury or advertising injury as a result of O.1 through O.3. 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 bodily injury, property damage, personal injury or advertising injury. Provided however that this exclusion shall not apply to the extent that such employment related practices coverage is affirmatively provided under a Directors and Officers Liability Policy shown in Schedule of Underlying Insurance and for no broader coverage than is provided by such coverage. This endorsement does not change any other provision of the policy UMB (Ed )

52 Effective Date: 01/01/2018 ENDORSEMENT NO. 31 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA CARE, CUSTODY OR CONTROL EXCLUSION (GARAGEKEEPERS) The following exclusions are added to Section IV. - EXCLUSIONS: Any property damage to real or personal property in the care, custody or control of any Insured, or loaned to any Insured, or used, rented, or occupied by any Insured, or as to which any Insured is for any purpose exercising physical control, including, but not limited to, due to any duties of the Insured as a garagekeeper. Notwithstanding the foregoing, this exclusion shall not apply to extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. Such coverage will follow the provisions, exclusions, and limitations of the underlying insurance and supersedes any provisions to the contrary. This endorsement does not change any other provision of the policy UMB (Ed )