CTR068959_ACCEPTED_ANY_ALL_GL_AL_WC_01.01.25-12.13.25.pdf

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE

INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #

NAME:

CONTACT

(A/C, No):

FAX

E-MAIL

ADDRESS:

PRODUCER

(A/C, No, Ext):

PHONE

INSURED

REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:

(Per accident)

(Ea accident)

N / A

SUBR

WVD

ADDL

INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

$PROPERTY DAMAGE

BODILY INJURY (Per accident)

BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH)

DESCRIPTION OF OPERATIONS below If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE

E.L. DISEASE - POLICY LIMIT

E.L. DISEASE - EA EMPLOYEE

E.L. EACH ACCIDENT

ER

OTH-

STATUTE

PER

LIMITS(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR

INSR

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB $EACH OCCURRENCE

$AGGREGATE

OCCUR

CLAIMS-MADE

DED RETENTION $

$PRODUCTS - COMP/OP AGG

$GENERAL AGGREGATE

$PERSONAL & ADV INJURY

$MED EXP (Any one person)

$EACH OCCURRENCE

DAMAGE TO RENTED

$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY

PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER

The ACORD name and logo are registered marks of ACORD

HIRED

AUTOS ONLY

12/17/2024

CWI Insurance 2152 South Vineyard, Suite 107 Mesa AZ 85210

Caitlin Coon 480-961-5400 480-961-5401

Caitlin@trycwi.com

State Automobile Mutual Ins Co 25135 HAWKC-1 Spinnaker Insurance Company 24376

HAWK Contracting, LLC 1022 E Loyola Dr Tempe AZ 85282

Underwriters at Lloyds, London American Liberty Insurance Co. 12200

922778705

A X 1,000,000 X 500,000

5,000

1,000,000

2,000,000 X

Y Y 10194583CP 1/1/2025 1/1/2026

2,000,000

A 1,000,000

X

Y Y 10194584CA 1/1/2025 1/1/2026

UM/UIM 1,000,000

A X X 5,000,000Y 10194586CU 1/1/2025Y 1/1/2026

5,000,000

D X

N

Y 98 WC-00003537-00 12/13/2024 12/13/2025

1,000,000

1,000,000

1,000,000 A B C

Leased & Rented Equipment Cyber Liability Pollution Liability

10194583CP

FLY-CB-2BL6M5M7T

CPL00420001

1/1/2025 8/5/2024 8/5/2024

1/1/2026 8/5/2025 8/5/2025

Limit / Deductible Limit / Deductible Limit / Deductible

250,000 / 500 1,000,000 / 1,000 1,000,000 / 2,500

**Additional Coverage Limit** Installation Floater Limit: $100,000 Deductible: $1,000 Policy Number: 10194583CP

Re: Any & all work performed for or on behalf of the State of Arizona/ADOT Sate of Arizona, ADOT and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees are additional insured when required by written contract per the attached forms. Coverage is primary non-contributory per the attached forms. Waiver of Subrogation included per the attached forms.

The State of Arizona/ADOT 206 S. 17th Ave Phoenix AZ 85007

Cindy Lewis Accepted

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

STATE AUTO PEAK SERIES FOR CONTRACTOR’S LIABILITY

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

CONTENTS:

A. PROPERTY OF OTHERS IN THE CARE, CUSTODY OR CONTROL OF THE INSURED & VOLUNTARY

PROPERTY DAMAGE

B. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION

AGREEMENT

C. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED FOR PERMITS

D. ADDITIONAL INSURED – ENGINEERS, ARCHITECTS, OR SURVEYORS

E. CONTRACTOR’S POLLUTION LIABILITY COVERAGE

F. AUTOMATIC LIMITED CONTROLLED (WRAP-UP) INSURANCE PROGRAM WITH EXCESS COVERAGE

G. BROADENED LIABILITY COVERAGE FOR DAMAGE TO “YOUR PRODUCT” AND “YOUR WORK”

H. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES

I. CONTRACT PENALTY REIMBURSEMENT

J. COORDINATING COVERAGE

A. PROPERTY OF OTHERS IN THE CARE, CUSTODY OR CONTROL OF THE INSURED & VOLUNTARY

PROPERTY DAMAGE

1. Care, Custody or Control Liability Coverage

a. With respect to Care, Custody or Control Liability Coverage provided in this endorsement only:.

(1) Exclusions 2.j.(3), and 2.j.(4) of Section I – Coverages – Coverage A - Bodily Injury And

Property Damage Liability do not apply to “property damage” to:

(a) Tools or equipment you borrow from others, nor;

(b) Other personal property of others in the care, custody or control of the Named Insured while being used in your operations away from premises owned, occupied by or rented to an insured.

However, the coverage granted by this exception to Exclusions 2.j.(3), and 2.j.(4) does not apply to:

(a) Property that is “mobile equipment” leased by an insured;

(b) Property that is an “auto”, aircraft or watercraft;

(c) Property in transit; or

(d) Any portion of “property damage” for which the insured has other valid and collectible insurance available, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions.

SL 10 11 01 23 Includes copyrighted material of Page 1 of 14 Insurance Services Office, Inc., with its permission

Policy Number: 10194264CPPolicy Number: 10194583CP

2. Voluntary Property Damage Coverage For the purpose of Voluntary Property Damage Coverage in this endorsement only, the following applies:

a. Section I - Coverages is amended to include the following:

VOLUNTARY PROPERTY DAMAGE COVERAGE

(1) Insuring Agreement

(a) We will pay the cost to repair or replace "property damage" to property of others arising out of operations incidental to your business when:

1) Damage is caused by you; or

2) Damage occurs while in your possession.

At your written request, we will make this payment regardless of whether you are at fault for the "property damage".

If you, at our request, replace or make any repairs to, damaged property of others, the amount we will pay under Voluntary Property Damage Coverage will be determined by your actual cost to replace or repair the damaged property, excluding any profit or overhead.

Any payment we make under Voluntary Property Damage Coverage shall not be interpreted as an admission of liability by you or by us.

(b) This insurance applies to "property damage" only if:

1) The "property damage" takes place in the "coverage territory"; and

2) The "property damage" occurs during the policy period.

(2) Exclusions Exclusions 2.j.(5) and 2.j.(6) of Section I – Coverages – Coverage A - Bodily Injury And Property Damage Liability do not apply to "property damage" to property of others as described under this Voluntary Property Damage Coverage. All other applicable exclusions under Coverage A – Bodily Injury And Property Damage Liability apply.

(3) Definitions For purposes of this Voluntary Property Damage Coverage only, the following definitions under Section V - Definitions are replaced by the following:

13. "Occurrence" means an incident, including continuous or repeated exposure to substantially the same general harmful conditions that result in "property damage".

17. "Property damage" means physical injury to tangible property. “Property Damage” does not include disappearance, abstraction or theft.

Electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs, stored as or on, created or used on, transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.

3. With respect to the Care, Custody or Control Liability, paragraph A.1. above, and Voluntary Property Damage Coverage, paragraph A.2. above in this endorsement:

a. We shall have no duty whatsoever to defend claims and/or lawsuits for which the only coverage provided is under this limited grant of coverage;

b. Any payment we make shall not be interpreted as an admission of liability by you or by us; and

c. Supplementary Payments – Coverages A And B under Section I – Coverages does not apply.

4. Limit of Insurance With respect to this Care, Custody or Control Liability Coverage and Voluntary Property Damage Coverage afforded in this endorsement, the following is added to Section III – Limits of Insurance:

Regardless of the number of insureds, claims made or “suits” brought, or persons or organizations making claims or bringing “suits”:

SL 10 11 01 23 Includes copyrighted material of Page 2 of 14

a. Subject to b. below, the most we will pay for “property damage” including all resulting loss of use is:

1) $2,500 as a result of any one “occurrence” and the most we will pay for the sum of all occurrences during the policy period is the aggregate limit of $10,000; or

2) The amount shown in the Declarations, if greater than 1) above, for Property Of Others In The

Care, Custody, And Control Of The Insured & Voluntary Property Damage.

b. The limit in 3.a. above is part of and not in addition to the Commercial General Liability Each

Occurrence limit described in Paragraph 5. of Section III – Limits of Insurance of the Commercial General Liability Coverage Form.

We will not pay for “property damage” in any one “occurrence” until the amount of loss or damage exceeds the deductible shown for this coverage in the policy declarations. We will then pay the amount of loss or damage in excess of the deductible, up to the applicable limit of insurance. The limits of insurance will not be reduced by the application of such deductible amount.

We may pay any part or the entire deductible amount to effect settlement of any claim or “suit” and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as has been paid by us.

c. The amount we pay for the sum of all occurrences in an annual policy period is the Aggregate Limit for this coverage. This amount is part of and not in addition to the Commercial General Liability General Aggregate Limit described in Paragraph 2. of Section III – Limits of Insurance of the Commercial General Liability Coverage Form.

B. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION

AGREEMENT

The words “you” and “your” as used in this provision refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under the policy to which this endorsement is attached. “You” and “your” do not refer to an additional insured.

1. SECTION II – WHO IS AN INSURED is amended to include any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” and subject to the following:

a. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements:

(1) The Insurance Services Office (ISO) CG 20 10 (10/01 edition); or

(2) The Insurance Services Office (ISO) CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of:

(a) Your ongoing operations, with respect to Paragraph B.1.a.(1) above; or

(b) "Your work" and included in the "products-completed operations hazard",, with respect to Paragraph B.1.a.(2) above, which is the subject of the written contract or written agreement.

However, solely with respect to this Paragraph B.1.a., insurance afforded to such additional insured:

i. Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs subsequent to your execution of the written contract or written agreement; and

ii. Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured.

SL 10 11 01 23 Includes copyrighted material of Page 3 of 14

b. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements:

(1) The Insurance Services Office (ISO) CG 20 10 (07/04 edition); or

(2) The Insurance Services Office (ISO) CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by:

(a) Your acts or omissions; or

(b) The acts or omissions of those acting on your behalf, in the performance of:

1. Your ongoing operations, with respect to Paragraph B.1.b.(1) above; or

2. "Your work" and included in the "products-completed operations hazard", with respect to Paragraph B.1.b.(2) above, which is the subject of the written contract or written agreement.

However, solely with respect to this Paragraph B.1.b., insurance afforded to such additional insured:

i. Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs subsequent to your execution of the written contract or written agreement; and

ii. Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured.

c. If neither Paragraph B.1.a. nor Paragraph B.1.b above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured:

(1) Under the Insurance Services Office (ISO) CG 20 10 (04/13) or Insurance Services Office (ISO) CG 20 10 (12/19) edition, any subsequent edition, or if no edition date is specified; or

(2) With respect to ongoing operations if no form is specified;

such person or organization is then an additional insured, but only with respect to liability for “bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by:

(a) Your acts or omissions; or

(b) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement.

However, solely with respect to this Paragraph B.1.c. insurance afforded to such additional insured:

i. Only applies to the extent permitted by law;

ii. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and

iii. Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs subsequent to your execution of the written contract or written agreement.

d. If neither Paragraph B.1.a. nor Paragraph B.1.b above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured:

SL 10 11 01 23 Includes copyrighted material of Page 4 of 14

(1) Under the Insurance Services Office (ISO) CG 20 37 (04/13) or Insurance Services Office (ISO) CG 20 37 (12/19) edition, any subsequent edition, or if no edition date is specified; or

(2) With respect to the "products-completed operations hazard" if no form is specified, such person or organization is then an additional insured, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part by "your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement.

However, solely with respect to this Paragraph B.1.d., insurance afforded to such additional insured:

(a) Only applies to the extent permitted by law;

(b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and

(c) Only applies if the "bodily injury" or "property damage" occurs subsequent to your execution of the written contract or written agreement.

2. With respect to the insurance afforded to the additional insured described above, the following additional exclusion applies:

a. This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering of, or the failure to render any professional engineering, architectural or surveying services by you or others on your behalf, including:

(1) The preparing, approving, failing to prepare approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or

(2) Supervisor or inspection activities performed as part of any related architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services.

3. With respect to the insurance afforded to an additional insured under Paragraph B.1.c. or Paragraph B.1.d. of this endorsement, the following applies:

a. The following is added to SECTION III – LIMITS OF INSURANCE:

The most we will pay on behalf of the additional insured is the amount of insurance:

(1) Required by a written contract or written agreement; or

(2) Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

b. Paragraph 9.f. of SECTION V - DEFINITIONS is amended as follows:

f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

SL 10 11 01 23 Includes copyrighted material of Page 5 of 14

4. With respect to the coverage provided under this endorsement:

a. The following is added to Paragraph 4.a. of the Other Insurance, of SECTION IV – COMMERCIAL

GENERAL LIABILITY CONDITIONS:

Primary and Noncontributory Insurance However, this insurance is primary to and will not seek contribution from any other insurance available to a person or organization added as an additional insured under the terms of the endorsement provided that:

(1) The person or organization is a Named Insured under such other insurance; and

(2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

b. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS:

This insurance is excess over:

Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.

5. This additional insured provision does not apply to an additional insured or project which has been specifically addressed by separate endorsement to this Coverage Part showing the additional insured in a Schedule of additional insureds.

C. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED FOR PERMITS

1. The words “you” and “your” as used in this provision refer to the Named Insured shown in the

Declarations and any other person or organization qualifying as a Named Insured under the policy to which this endorsement is attached. “You” and “your” do not refer to an additional insured.

2. SECTION II – WHO IS AN INSURED is amended to include any state, governmental agency, subdivision or political subdivision for which you are required to add as an additional insured because of the issuance or existence of a permit, but only with respect to:

a. Liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:

(1) Your acts or omissions; or

(2) The acts or omissions of those acting on your behalf;

in the performance of your ongoing operations for which the permit was issued; and

b. Permits:

(1) Currently in effect or becoming effective during the term of this policy; and

(2) Executed prior to the “bodily injury”, “property damage,” or “personal and advertising injury”.

However:

a. The insurance afforded to such additional insured only applies to the extent permitted by law; and

b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

A person's or organization's status as an additional insured for ongoing operations ends when your operations for which the permit was issued are completed.

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3. With respect to the insurance afforded to the additional insured described in E. 2. above, this insurance does not apply to:

a. Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or

b. "Bodily injury" or "property damage" included within the "products-completed operations hazard".

4. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III

– LIMITS OF INSURANCE:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

a. Required by the contract or agreement; or

b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

D. ADDITIONAL INSURED – ENGINEERS, ARCHITECTS, OR SURVEYORS

1. Section II – Who Is An Insured is amended to include as an additional insured any architect, engineer, or surveyor engaged by you but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused in whole or in part, by your acts or omissions or the acts or omission of those acting on your behalf.

a. In connection with your premises; or

b. In the performance of your ongoing operations.

However:

a. The insurance afforded to such additional insured only applies to the extent permitted by law; and

b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

2. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:

This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including:

a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, filed orders, change orders or drawings and specifications; or

b. Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you.

3. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

a. Required by the contract or agreement; or

b. Available under the applicable Limits of Insurance shown in the Declarations;

whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

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E. CONTRACTOR’S POLLUTION LIABILITY COVERAGE

1. Under SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE

LIABILITY, we will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injury”, “property damage” and “clean-up costs” arising out of a “pollution incident”.

This insurance only applies to “bodily injury” and “property damage” which occurs during the policy period provided that:

a. the “pollution incident” begins at an identified time and place and ends in its entirety within 72 hours;

b. you have notified us of the “pollution incident” as soon as practicable, but no more than 14 days after its ending; and

c. it is “accidental”.

2. LIMITS OF INSURANCE

Solely for purposes of the insurance provided by this coverage for “bodily injury”, “property damage” and “clean-up costs” arising out of a “pollution incident”, SECTION III – LIMITS OF INSURANCE is replaced in its entirety by the following:

a. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of:

(1) Insureds;

(2) Claims made or “suits” brought;

(3) Persons or organizations making claims or bringing “suits”; or

(4) Governmental actions taken with respect to "clean-up costs”

b. The General Aggregate Limit is the most we will pay for the sum of:

(1) Medical expenses under Coverage C;

(2) Damages under Coverage A, except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard”; and

(3) Damages under Coverage B;

c. Subject to Paragraph 2.b. above, the Contractor’s Pollution Annual Aggregate is the most that we will pay for the sum of:

(1) All damages because of “bodily injury” and property damage”; and

(2) All “clean-up costs” incurred because of “environmental damage”;

resulting from all “pollution incidents”.

d. Subject to Paragraph 2.b. above, the Each Occurrence Limit is the most we will pay for the sum of:

(1) Damages Under Coverage A;

(2) Medical expenses under Coverage C; and

(3) All damages because of “bodily injury” and property damage”; and

(4) Damages under Contractor’s Pollution Liability under this provision;

because of injury or damages arising out of any one “occurrence”.

e. Subject to Paragraph 2.c. and 2.d. above, the Contractor’s Pollution Coverage Occurrence Limit is the most we will pay for the sum of:

(1) All damages because of “bodily injury” and property damage”; and

(2) All “clean-up costs” incurred because of “environmental damage” arising from one “pollution incident”.

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f. The Limits of Insurance of this Coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.

3. DEDUCTIBLE

a. Our obligation under this coverage to pay damages on your behalf applies only to the amount of damages in excess of $1,000. as applicable to the Contractor’s Pollution Coverage Occurrence Limit of Liability. Neither the Contractor’s Pollution Coverage Occurrence Limit of Liability nor the Contractor’s Pollution Coverage Annual Aggregate Limit of Liability will be reduced by the application of such deductible amount.

b. The terms of this insurance, including those with respect to:

(1) Our right and duty to defend any “suits” seeking those damages; and

(2) Your duties in the event of a “pollution incident”, claim or “suit”; apply irrespective of the application of the deductible amount.

c. We may pay any part or all of the deductible amount to effect settlement of any claim or “suit” and, upon notification of the action taken, you shall promptly reimburse us of such part of the deductible amount as has been paid by us.

4. EXCLUSIONS

Solely for purposes of the insurance provided by this coverage for “bodily injury” and “property damage” arising out of a “pollution incident”:

a. Exclusion f.(1)(d) under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in SECTION I – COVERAGES does not apply.

b. The following exclusions are added: The coverage provided by this coverage does not apply to:

(1) Products-Completed Operations Hazard “Bodily injury”, “property damage” and “clean-up costs” included within the “products-completed operations hazard”;

(2) Governmental Directives “Bodily injury”, “property damage” and “clean-up costs” arising out of a “pollution incident” which results from or is directly or indirectly attributable to failure to comply with any applicable statute, regulation, ordinance, directive or order relating to the protection of the environment and promulgated by any governmental body, provided that failure to comply is a willful or deliberate act or omission of:

(a) The insured; or

(b) You or any of your members, partners or executive officers.

(3) Intentional Discharge Or Release

“Bodily injury”, “property damage” and “clean-up costs” arising out of the actual, alleged or threatened discharge, dispersal, emission, release or escape of “pollutants” at or from an “insured site” if such “pollutants” were brought on or to the “insured site” by any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf, in connection with your operations at such “insured site” and:

(a) such pollutants are intentionally discharged or released by any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf; or

(b) with the intent that they be discharged, dispersed or released as part of the operations being

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performed by such insured, contractor or subcontractor.

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(4) Owned And Non-owned Disposal Sites “Bodily Injury”, “property damage” and “clean-up costs” arising out of a “pollution incident” on, at, under or migrating from any “owned disposal site” or “non-owned disposal site”.

(5) Fungi Or Bacteria “Bodily Injury”, “property damage” and “clean-up costs” arising out of the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any “fungi” or bacteria, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such “loss”. This paragraph does not apply to “bodily injury” arising out of a bacterial infection which develops in connection with physical harm to the person sustaining the “bodily injury”, if such physical harm is not excluded by this exclusion and a “claim” is made against the “insured” for such physical harm; and

Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, contain, treating , detoxifying, neutralizing, remediating or disposing of , or in any way responding to or assessing the effects of , “fungi” or bacteria by any “insured” or by any other person or organizations.

(6) Professional Services “Bodily Injury”, “property damage” or "environmental damage" arising out of the performance of, or failure to perform, “professional services” by or on behalf of any “insured”.

All other COVERAGE A Exclusions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM or added by endorsement to your policy apply.

5. DEFINITIONS

a. When used in this coverage only, the following definitions are added to SECTION V – DEFINITIONS:

(1) “Accidental” means unintended and unexpected.

(2) “Environmental damage” means the injurious presence of “pollutants” in or upon land, the atmosphere, or any watercourse or body of water.

(3) “Fungi” means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi.

(4) "Insured site" means any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing operations providing the “pollutants” are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor.

(5) “Non-owned disposal site” means a premises, site or location that:

(a) Is not, and was not at any time, owned or operated by an insured;

(b) Is located outside the boundaries of an “insured site” where operations are being performed;

and

(c) Is, or was at any time, used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste.

(6) “Owned disposal site” means a premises, site or location that:

(a) Is, or was at any time, owned or operated by an insured;

(b) Is located outside the boundaries of an “insured site” where operations are being performed;

and

(c) Is, or was at any time, used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste.

(7) “Pollution incident” means the actual, alleged discharge, dispersal, emission, release or escape of “pollutants” into or upon land, the atmosphere, or any watercourse or body of water at or from an

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“insured site”, provided that such discharge, dispersal, emission, release or escape results in “environmental damage”. All “bodily injury” and “property damage” arising out of one discharge, dispersal, emission, release or escape (or repeated and continuous discharges, dispersals, emissions, releases or escapes) shall be deemed to be one “pollution incident” and shall be deemed to have occurred in the “coverage term” in which the “pollution incident” commenced.

“Pollution incident” does not include “property damage” to a “waste facility”.

“Pollution incident” does not include any “bodily injury” or “property damage” which is included in the exceptions to the pollution exclusion provided by subparagraphs (1)(d)(i), (ii) and (iii) of exclusion f. Pollution under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in SECTION I – COVERAGES.

(8) “Professional services” means:

(a) Preparing, approving, or failing to prepare or approve:

1. Maps, shop drawings, opinions, reports, surveys, field orders or change orders; or

2. Drawings and specifications;

(b) Any, architectural, engineering or surveying activity:

(c) Construction management services; and

(d) Supervisory or inspection activities performed as part of any related architectural, or engineering or surveying activities or related construction management services.

(9) “Waste facility” means any site or part of any site to which waste from the operations of an “insured site” is consigned for delivery or delivered for storage, disposal, processing or treatment.

b. When applicable to this coverage only, the following definitions under SECTION V – DEFINITIONS are replaced with the following:

(1) Products-completed operations hazard":

(a) Includes all "bodily injury", "property damage" and "environmental damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except:

1. Products that are still in your physical possession; or

2. Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times:

i. When all of the work called for in your contract has been completed.

ii. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site.

iii. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.

Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.

(b) Does not include "bodily injury", "property damage" or "environmental damage" arising out of:

1. The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or

2. The existence of tools, uninstalled equipment or abandoned or unused materials.

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(2) “Property damage” means:

(a) Physical injury to, destruction of or contamination of tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to have taken place at the time of the “pollution incident” that caused it; or

(b) Loss of use of tangible property that is not physically injured, destroyed or contaminated but has been evacuated, withdrawn from use or rendered inaccessible because of a “pollution incident”. All such loss of use shall be deemed to have taken place at the time of the “pollution incident” that caused it.

For purpose of this insurance, “electronic data” is not tangible property.

F. AUTOMATIC LIMITED CONTROLLED (WRAP-UP) INSURANCE PROGRAM WITH EXCESS COVERAGE

The following is added to Paragraph 2. Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY:

1. This insurance does not apply to "bodily injury”, "property damage" or “personal and advertising injury”:

a. Arising out of your ongoing operations; or

b. Included in the "products-completed operations hazard";

at any location for which a "controlled (wrap-up) insurance program" has been provided by a prime contractor/project manager or owner of the construction project in which you are enrolled with respect to "bodily injury”, "property damage" or “personal and advertising injury”.

2. This exclusion applies whether or not the "controlled (wrap-up) insurance program"

a. Provides coverage identical to that provided by this Coverage Part;

b. Has limits adequate to cover all claims; or

c. Remains in effect.

However, this exclusion does not apply to any person or organization added as an additional insured by attachment of an endorsement to this Coverage Part who is not enrolled in the "controlled (wrap-up) insurance program" with respect to the "bodily injury" or "property damage" described in Paragraph F.1.

above.

3. However, this exclusion does not apply to "bodily injury”, "property damage" or “personal and advertising injury” arising out of:

a. Your ongoing operations that are being performed at any location owned by, or rented to you that is outside the project site and is not covered by the “controlled (wrap-up) insurance program” for that project;

b. Your ongoing operations that are punch list or warranty work, if coverage was available to the insured under the “controlled (wrap-up) insurance program” for “bodily injury”, “property damage” or “personal and advertising injury” arising out of your ongoing operations and the “bodily injury”, “property damage” or “personal and advertising injury” occurs after the expiration of all such coverage;

or

c. Your ongoing operations or operations included within the “products-completed operations hazard” when;

1) The highest limit of the “controlled (wrap-up) insurance program” for that project would apply to such damages but for the exhaustion of the applicable limits of such insurance due to the payment of claims or in the event of bankruptcy or insolvency of all “controlled (wrap-up) insurance programs” which apply to the project(s); and

2) The “controlled (wrap-up) insurance program” for that project has Limits of Insurance for that program which are not less than the Limits of Insurance shown in the Declarations of this Coverage Part.

d. Your ongoing operations or operations included within the “products-completed operations hazard” if the “controlled (wrap-up) insurance program” in which you are enrolled has been cancelled, nonrenewed or otherwise no longer applies for reasons other than the exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable.

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However, the extension of coverage granted in paragraph F.3.b., F.3.c. and F.3.d., above does not apply to any person or organization added as an additional insured to this Coverage Part who is enrolled in the "controlled (wrap-up) insurance program" with respect to the "bodily injury" or "property damage" described in Paragraph F.1. above.

4. The following is added to Section V – DEFINITIONS section:

"Controlled (wrap-up) insurance program" means a centralized insurance program under which one party has secured either insurance or self-insurance covering some or all of the contractors or subcontractors performing work on one or more specific project(s).

G. BROADENED LIABILITY COVERAGE FOR DAMAGE TO “YOUR PRODUCT” AND “YOUR WORK”

For the purpose of the insurance provided by this coverage:

1. Under SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and l. and replace them with the following

2. Exclusions

This insurance does not apply to:

k. Damage To Your Product

"Property damage" to "your product" arising out of it or any part of it except when caused by or resulting from:

(1) Fire;

(2) Smoke;

(3) Collapse; or

(4) Explosion

l. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products completed operations hazard".

(1) This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or

(2) If the cause of loss to the damaged work arise as a result of:

(a) Fire;

(b) Smoke;

(c) Collapse; or

(d) Explosion

However, this BROADENED LIABILITY COVERAGE FOR DAMAGE TO “YOUR PRODUCT” AND “YOUR WORK coverage does not apply when “Collapse hazard” or “Explosion hazard” is specifically excluded by separate endorsement attached to this policy.

For the purpose of this provision, the following definitions are added to the DEFINITIONS Section:

a. "Collapse hazard" includes "structural property damage" and any resulting "property damage" to any other property at any time.

b. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosion hazard" does not include "property damage" arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment.

2. The following is added to SECTION III – LIMITS OF INSURANCE:

Subject to paragraph 5. of SECTION III – LIMITS OF INSURANCE (the Each Occurrence Limit), $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one “occurrence” because of “property damage” to “your product” and “your work” that is caused by fire, smoke, collapse or explosion and is included within the “products-completed operations hazard.” This sublimit does not apply to “property damage” to “your work” if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.

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H. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES

1. The last paragraph of SECTION II – WHO IS AN INSURED is deleted and replaced with the following:

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except to the extent the Named Insured had an interest in a Joint Venture, Partnership, or Limited Liability Company which terminated or ended prior to or during this policy period, such Named Insured is an insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:

a. Any offense giving rise to “personal and advertising injury” occurred prior to the termination date, and the “personal and advertising injury” arising out of such offense first occurred after such termination date;

b. The “bodily injury” or “property damage” first occurred after such termination date; and

c. There is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company;

If the joint venture, partnership or limited liability company is or was insured under a “controlled (wrap-up) insurance program”, such insurance will be considered valid and collectible for the purpose of paragraph H.1.c. above.

However this provision will not serve to exclude any "bodily injury”, "property damage" or “personal and advertising injury” that would otherwise be provided under this State Auto PEAK Series for Contractors Liability endorsement under paragraph F. Automatic Limited Controlled (Wrap-up) Insurance Program With Excess Coverage. "Controlled (wrap-up) insurance program" is defined under paragraph F.4. of this endorsement.

In event this provision, based upon the facts and circumstances of a given claim, serves to conflict with any provision under any State Auto PEAK Series enhancement endorsement serving to modify SECTION II – WHO IS AN INSURED, the result will be resolved to apply the broadest interpretation and benefit to the Named Insured.

I. CONTRACT PENALTY REIMBURSEMENT

1. Subject to the provisions of SECTION I – COVERAGE A BODILY INJURY AND PROPERTY DAMAGE

LIABILITY, we will pay up to 50% of the contractual penalties you are required to pay to your customers as a result of a written contract or agreement for failure to timely deliver your product according to the contract terms due to “bodily injury” or “property damage” which arises out of your business operations to which this policy applies.

2. The most we will pay under the coverage is $10,000 in any one policy year.

J. COORDINATING COVERAGE

If the coverage provided by any provision within this endorsement, any other endorsement, form, or policy issued to you by us or any company affiliated with us apply to the same “occurrence”, the maximum applicable per occurrence and aggregate limits of insurance available under all the endorsements, forms or policies shall not exceed the highest applicable per occurrence and aggregate limits of insurance under any one endorsement, form, or policy.

This condition does not apply to any coverage or policy issued by us or an affiliated company to apply specifically as excess insurance over the applicable coverage.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

STATE AUTO PEAK SERIES FOR LIABILITY

Unless otherwise amended by separate endorsement this endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

CONTENTS:

1. EXPECTED OR INTENDED PROPERTY DAMAGE

2. BROADENED NON-OWNED WATERCRAFT

3. AMENDED SUPPLEMENTARY PAYMENTS

4. BROADENED DAMAGE TO PREMISES RENTED OR OCCUPIED BY YOU

5. ADDITIONAL INSURED - BROAD FORM VENDORS

6. ADDITIONAL INSURED - MANAGER OR LESSORS…