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Home My WebLink About2024-040-E-AMS- Harris Bros Electric - Install 4 EVC's 3rd level of ERPDRevised 04/23 1 [Departmental Use Only] TITLE ERPD 3RD LEVEL EVC FY 2023/2024 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 16th day of January, 2024, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Harris Bros. Electric, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a.Scope of Work. i)This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Purchase and install four level 2 car chargers in the southeast corner of the third level of Eno River Parking Deck. Install conduit and wire to feed two of the car chargers in the same conduit. ii)By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv)The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2.Responsibilities of the Provider a.Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i)The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A Revised 04/23 2 performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A Revised 04/23 3 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Purchase and install four level 2 car chargers on third level of Eno River Parking Deck. 4. Duration of Services a. Term. The term of this Agreement shall be from 1/16/2024 to 6/16/2024. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 1/16/2024. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Twelve Thousand Three Hundred Forty-One Dollars ($12341.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Alan Dorman) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A Revised 04/23 4 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of n/a (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A Revised 04/23 5 terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A Revised 04/23 6 is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A Revised 04/23 7 i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:Bonnie Hammersley Harris Bros. Electric P.O. Box 8181 2712 Hillsborough Road Hillsborough, NC 27278 Durham, NC 27705 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A Revised 04/23 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Bonnie Hammersley By: __________________________________ Calvin Harris Printed Name and Title DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 1/19/20241/23/2024 Revised 04/23 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Harris Bros Electric Vendor Contact Person: Calvin Harris Phone: 919-220-8500 Address: 2712 Hillsborough Rd City Durham State: NC Zip: 27705 Department: AMS Amount: 12341.00 Purpose: Install 4 EVC's 3rd level of ERPD Budget Code(s): 61370035-803082-30051 Vendor # 55477 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 1/16/2024 End Date 6/16/2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Steven Arndt Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 1/19/2024 1/22/2024 1/23/2024 1/23/2024 Revised 04/23 10 DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 01/16/2024 BUILDING BLOCK INSURANCE GROUP 780 Brawley School Rd Suite C Mooresville NC 28117 JEFF WERTEPNY (704) 464-4544 (704) 686-7878 JEFF@MYBBIG.COM HARRIS BROTHERS ELECTRIC AND CONTROLS, INC 2712 Hillsborough Rd Durham NC 27705 Erie Insurance Company 26263 Erie Insurance Exchange 26271 A Q61-0314358 08/14/2023 08/14/2024 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 B Q08-1440074 08/14/2023 08/14/2024 1,000,000 B 0 Q32-1470447 08/14/2023 08/14/2024 5,000,000 5,000,000 B Y Q92-1400850 08/14/2023 08/14/2024 1,000,000 1,000,000 1,000,000 A Contractors Errors & Omissions Q61-0314358 08/14/2023 08/14/2024 Each Claim $100,000 Aggregate $100,000 Deductible $2,500 Owners Chris Harris and Calvin Harris are excluded from workers compensation Orange County PO Box 8181 Hillsborough NC 27278 DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 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 01/22/2024 BUILDING BLOCK INSURANCE GROUP 780 Brawley School Rd Suite C Mooresville NC 28117 JEFF WERTEPNY (704) 464-4544 (704) 686-7878 JEFF@MYBBIG.COM HARRIS BROTHERS ELECTRIC AND CONTROLS, INC 2712 Hillsborough Rd Durham NC 27705 Erie Insurance Company 26263 Erie Insurance Exchange 26271 A 8 8 8 Y Q61-0314358 08/14/2023 08/14/2024 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 B 8 Q08-1440074 08/14/2023 08/14/2024 1,000,000 B 8 8 8 8 0 Q32-1470447 08/14/2023 08/14/2024 5,000,000 5,000,000 B Y Q92-1400850 08/14/2023 08/14/2024 8 1,000,000 1,000,000 1,000,000 A Contractors Errors & Omissions Q61-0314358 08/14/2023 08/14/2024 Each Claim $100,000 Aggregate $100,000 Deductible $2,500 Orange County, its officers, agents and employees are to be designated as additional insured. Owners Chris Harris and Calvin Harris are excluded from workers compensation Orange County 300 West Tryon St PO Box 8181 Hillsborough NC 27278 DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ERIESECURE BUSINESS EXTRA LIABILITY COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A.Damage To Premises Rented To You - Fire Legal Liability 1.Under Section I – Coverages - Coverage A - Bodily Injury And Property Damage Liability – Insuring Agreement, the following is added: Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" to buildings rented to you or occupied by you. The damage must be caused by fire, lightning, windstorm, hail, explosion, riot, civil commotion, vehicles, aircraft, smoke, vandalism, malicious mischief, water damage, or elevator collision. 2.The last paragraph of Section I - Coverages - Coverage A - Bodily Injury And Property Damage Liability – 2. Exclusions is deleted and replaced with the following: Exclusions 2.c. through 2.n. do not apply to this coverage. A separate Limit of Insurance applies to this coverage as described in Section III - Limits of Insurance. We do not cover liability assumed by the insured except in an "insured contract". 3. Under Section V – Definitions, Paragraph 9.a. of "insured contract" is deleted and replaced by the following: 9.a. A contract for lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, windstorm, hail, explosion, riot, civil commotion, vehicles, aircraft, smoke, vandalism, malicious mischief, water damage, or elevator collision to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". B.Host Liquor Liability Coverage Under Section I – Coverages - Coverage A - Bodily Injury And Property Damage Liability – 2. Exclusions the following is added to Liquor Liability: This exclusion does not apply to liability of the insured or the indemnitee of the insured arising out of the furnishing or serving of alcoholic beverages at functions incidental to your business, provided you are not engaged in the business of manufacturing, distributing, selling, serving, or furnishing of alcoholic beverages. C.Non-Owned Watercraft Under Section I – Coverages - Coverage A - Bodily Injury And Property Damage Liability – 2. Exclusions -g. Aircraft, Auto or Watercraft, Paragraph 2)a) is deleted and replaced by the following: This exclusion does not apply to a watercraft that you do not own that is less than 51 feet long. D.Incidental Medical Malpractice 1. Under Section I – Coverages - Coverage A - Bodily Injury And Property Damage Liability – Insuring Agreement, the following is added to Paragraph 1.: We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" arising from "incidental medical malpractice injury". 2. Under Section I – Coverages - Coverage A - Bodily Injury And Property Damage – 2. Exclusions, the following is added: This insurance does not apply to: a.Expenses incurred by the insured for first aid to others at the time of an accident; b."Bodily injury" arising from any insured if the insured is engaged in the business or occupation of providing the following services: 1)Diagnostic, medical, surgical, dental, x-ray, or nursing service or treatment, or the furnishing of food or beverages in connection with the service or treatment; 2)Ambulance, paramedical, rescue squad, or other service or treatment conducive to health; ERIE INSURANCE ERIESECURE BUSINESS EPP0006 (Ed. 10/19) POLICY NUMBER: Q61-0314358 DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 2 3) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or 4) Health or therapeutic service, treatment, advice, or instruction. c. "Bodily injury" arising from any indemnitee if the indemnitee is engaged in the business or occupation of providing the following services: 1) Diagnostic, medical, surgical, dental, x-ray, or nursing service or treatment, or the furnishing of food or beverages in connection with the service or treatment; 2) Ambulance, paramedical, rescue squad, or other service or treatment conducive to health; 3) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or 4) Health or therapeutic service, treatment, advice, or instruction. 3. Under Section V – Definitions, the following is added: "Incidental medical malpractice injury" means injury arising out of the rendering of or failure to render, during the policy period, the following services: a. Diagnostic, medical, surgical, dental, x-ray, or nursing service or treatment, or the furnishing of food or beverages in connection with the service or treatment; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or c. Health or therapeutic service, treatment, advice, or instruction. E. Volunteer Workers - Medical Payments Under Section I – Coverages - Coverage C - Medical Payments - Insuring Agreement, the following is added to Paragraph 1.: We will pay medical expenses for "bodily injury" sustained by your volunteer workers caused by an accident while engaged in any of your insured operations. F. Attorneys’ Fees Under Section I – Coverages - Supplementary Payments - Coverages A and B, the following is added: All reasonable attorneys' fees up to $250 which the insured incurs because of arrest resulting from an accident involving "mobile equipment" covered by this policy. G. Municipal Supervisors The following is added to Section II – Who Is An Insured: Supervisors, if you are a municipality. H. Non-Owned and Hired Automobile Liability Insurance Coverage 1. Insuring Agreement - Non-Owned and Hired Automobile Liability Insurance Coverage a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" resulting from an accident covered by Non-Owned and Hired Automobile Liability Insurance Coverage. For Non-Owned Automobile Liability Insurance Coverage, the accident must arise out of the use of any "non-owned auto" in your business by any person other than you. However, this insurance would apply for an accident arising out of the use of a customer’s auto by you or your “employees” in the course of your business. For Hired Automobile Liability Insurance Coverage, the accident must arise out of the maintenance or use of "hired autos" by you or your "employees" in the course of your business. b. This insurance applies to "bodily injury" and "property damage" only if: 1) The "bodily injury" or "property damage" is caused by an accident that takes place in the "coverage territory"; and 2) The "bodily injury" or "property damage" is caused by an accident during the policy period. 2. Exclusions The following exclusions are added for Non-Owned and Hired Automobile Liability Insurance Coverage: a. Damage To Property "Property damage" to: 1) Property owned or transported by you; or 2) Personal property in the care, custody, or control of the insured. b. Handling of Property "Bodily injury" or "property damage" that results from the handling of property: DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 3 1) Before it is moved from the place where it is accepted by the insured for loading into or onto a "non-owned auto" or "hired auto"; or 2) After it is unloaded from a "non-owned auto" or "hired auto" to the place it is finally delivered by the insured. c. Fellow Employee "Bodily injury" to any fellow "employee" of the insured arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. d. Racing Any "auto" while being used in any prearranged or organized racing, speed, or demolition contest, stunting activity, or similar activities, or in practice for any such activities. 3. Section II - Who Is An Insured For Non-Owned and Hired Automobile Liability Insurance Coverage - Who Is An Insured includes the following: a. You; b. Any other person using a "hired auto" with your permission; c. With respect to a "non-owned auto", any partner, member of a limited liability company, or executive officer, but only while such "auto" is being used in your business; or d. Any other person or organization, but only with respect to liability because of acts or omissions of the insured under Paragraphs a., b., or c. above. 4. The following are not included under Section II - Who Is An Insured: a. Any person, member of a limited liability company, or executive officer with respect to an "auto" owned by such partner, member of a limited liability company, or executive officer or a member of their household; b. Any person engaged in the business of their employer, with respect to "bodily injury" to any fellow "employee" of such person injured in the cause of their employment; c. Any person while employed in or otherwise engaged in duties in connection with an "auto business" other than an "auto business" you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto", the owner of a "non- owned auto", or any agent or employer of such owner or lessee; or e. Any person or organization with respect to the conduct of any current or past partnership, joint venture, or limited liability company shown as a Named Insured in the Declarations. 5. For Non-Owned and Hired Automobile Liability Insurance Coverage the following is added under Section IV - Commercial General Liability Conditions – 4. Other Insurance – b. Excess Insurance: This insurance is excess over any other automobile insurance available to you. 6. The following are added to Section V - Definitions: "Auto business" means the business or occupation of selling, repairing, servicing, storing, or parking "autos". "Hired auto" means any auto you lease, hire, or borrow. This does not include any "auto" you lease, hire, or borrow from any of your "employees", any members of a limited liability company, any partner, "executive officer", or members of their households. "Non-owned auto" means any "auto" you do not own, lease, hire, or borrow which is used in connection with your business. This includes any "auto" owned by or registered in the name of: a. Your “employees” including members of their households; b. Partners, including members of their households, if you are a partnership; or c. Members of a limited liability company including members of their households; but only while such "auto" is being used in connection with your business. I. Additional Insured – Managers or Owners of Buildings 1. The following is added under Section II - Who Is An Insured: The person or organization who owns, maintains, or uses that part of the premises leased to you, but only with respect to their liability arising out of the premises leased to you. 2. The following is added under Section I – Coverages - Coverage A - Bodily Injury And Property Damage – 2. Exclusions: DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 4 This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant of the premises; b. Structural alterations, new construction, or demolition operations performed by or on behalf of the person or organization who is the additional insured; or c. "Bodily injury" to “employees” of the person or organization arising out of and in the course of construction. 3. Under Section III – Limits Of Insurance, the following is added with respect to insurance afforded to these additional insureds: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations. J. Additional Insured – Mortgagee, Assignee, or Receiver 1. The following is added under Section II - Who Is An Insured: Any person(s) or organization(s) when you and such person(s) or organization(s) have agreed in a written contract that such person(s) or organization(s) be added as an Additional Insured on your policy. Such person(s) or organization(s) is an insured only with respect to their liability as a mortgagee, assignee, or receiver arising out of the ownership, maintenance, or use of the premises by you. 2. The following is added under Section I – Coverages, Coverage A - Bodily Injury And Property Damage – 2. Exclusions: This insurance does not apply to structural alterations, new construction, and demolition operations performed by or for that person or organization. 3. Under Section III – Limits Of Insurance, the following is added with respect to insurance afforded to these additional insureds: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations. K. Additional Insured – Lessor of Leased Equipment 1. The following is added under Section II - Who Is An Insured: Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an Additional Insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage", or "personal or advertising injury" caused, in whole or in part, by your maintenance, operation, or use of equipment leased to you by such person or organization. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. 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 under this coverage ends when their contract or agreement with you for such leased equipment ends. 2. The following is added under Section I – Coverages - Coverage A - Bodily Injury And Property Damage – 2. Exclusions as well as Section I – Coverages - Coverage B – Personal and Advertising Injury – 2. Exclusions: This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. Under Section III – Limits Of Insurance, the following is added with respect to insurance afforded to these additional insureds: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations. DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 5 L. Damage to Customers' Autos Coverage – Legal Liability 1. The following is added to Paragraph 1. under Section I – Coverages, Coverage A – Bodily Injury and Property Damage Liability - Insuring Agreement: Insuring Agreement – Damage to Customers' Autos Coverage – Legal Liability We will pay those sums that the insured is legally obligated to pay as damages because of "property damage" to customers "autos" and "mobile equipment" parked or stored on the "premises" described in the "Declarations". This coverage includes "property damage" from any cause including collision and upset and includes glass breakage and contact with persons, animals, birds, missiles, falling objects, or elevators. Elevator means an auto servicing hoist or jack. Coverage also applies while a customer's "auto" or "mobile equipment" is temporarily away from "premises" (in connection with the insured's business) or while any insured has control of such "auto" or "mobile equipment". 2. The following is added under Section I – Coverages, Coverage A – Bodily Injury And Property Damage Liability – 2. Exclusions, but only for Damage to Customers' Autos Coverage – Legal Liability: a. Owned, Rented, or Demo Autos This insurance does not apply to "property damage" to "autos" or "mobile equipment" owned, rented, or held for demonstration or sale by any insured under the policy. b. Employee Dishonesty This insurance does not apply to theft by you or your "employees", directors, trustees, authorized representatives, or any insured under this coverage. c. Wear and Tear This insurance does not apply to "property damage" to "autos" or "mobile equipment" caused by wear and tear, freezing, or mechanical or electrical breakdown or failure unless caused by another loss under these coverages. d. Defective Parts or Faulty Work This insurance does not apply to "property damage" to "your product" arising out of it or any part of it. This insurance also does not apply to "property damage" to "your work" arising out of it or any part of it. e. Racing, Speed, or Demolition Contests This insurance does not apply to "property damage" to an "auto" or piece of "mobile equipment" while operated or being prepared for any prearranged or organized racing, speed, or demolition contest, or stunting activity. 3. For Damage to Customers' Autos Coverage – Legal Liability, the following is added under Section IV – Commercial General Liability Conditions: Deductible We will only pay those damages in excess of $200 for all damages sustained by any one person because of "property damage" to their "auto" or "mobile equipment" as a result of any one "occurrence". We may pay all or part of the $200 deductible in order to settle any claim or "suit". If we do so, you must repay us the deductible amount we paid. When only a windshield is damaged, the deductible does not apply if the windshield is repaired and not replaced. Kentucky Only: Should only safety equipment be damaged, we will not apply the deductible. Safety equipment means the glass and plastic used in the windshield, doors, and windows; and the glass, plastic, or other material used in the lights. 4. For Damage to Customers' Autos Coverage – Legal Liability, the following definition is added to Section V - Definitions: "Premises" means the place where you conduct your operations shown in the Declarations, including the ways immediately adjoining. It does not include any portion of such premises where any other person or organization conducts operations. M. Waiver of Subrogation Section IV – Commercial General Liability Conditions – Transfer of Right of Recovery Against Others to Us is deleted and replaced by the following: We waive any right of recovery against the Additional Insured because of payments we make under this Coverage Form. Such waiver by us applies only to the extent that the insured has waived its right of recovery against the Additional Insured prior to loss. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce these rights. N. Primary and Non-Contributory Insurance Under Section IV – Commercial General Liability Conditions - Other Insurance the following is added to Paragraph 4.: DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 6 This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The Additional Insured 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. O. Definitions The following is added to the definition of "Products- completed operations hazard" under Section V - Definitions: Includes all "bodily injury" and "property damage" arising out of "your product" if your business includes the handling or distribution of "your product" for consumption on premises you own or rent. DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS SELECT ENHANCEMENT This endorsement modifies insurance provided under the following: ERIESECURE BUSINESS PROPERTY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE FORM ERIESECURE BUSINESS PROPERTY COVERAGE PART A.Blanket Coverages We will pay up to $250,000 as a Blanket Amount of In- surance which may be applied to any of the following coverages or combination of the following coverages: 1. Under Section IV – Additional Coverages - Elec- tronic Data Processing Equipment and Electronic Data Coverage: a.Electronic Data Processing Equipment – Com- puter Virus; and b.Electronic Data – Expenses for Reproduction or Replacement. 2. Under Section VI – B. Extensions of Coverage: a.Accounts Receivable; b.Debris Removal; c.Fine Arts; d.Motor Truck Cargo; e.Temporarily Off-Premises - Business Personal Property and Personal Property of Others; f.Transportation; and g.Valuable Papers and Records. The Blanket Amount of Insurance is in addition to the Amount of Insurance provided for these coverages in Sec- tion IV – Additional Coverages and Section VI – B. Ex- tensions of Coverage. This Blanket Amount of Insurance may be applied to any one coverage or combination of coverages shown above. However, the most we will pay for "loss" or damage re- sulting from any one occurrence at any premises de- scribed in the "Declarations" is $250,000. The Blanket Amount of Insurance applies separately to each premises described in the "Declarations". B.Check, Credit, or Debit Card Forgery or Alteration The Amount of Insurance under Section VI – B. Exten- sions of Coverage - Check, Credit, or Debit Card For- gery or Alteration is increased from $5,000 to $15,000 for any one "loss". C.Computer Fraud and Funds Transfer Fraud Under Section VI – B. Extensions of Coverage - Com- puter Fraud and Funds Transfer Fraud is added: 1.Computer Fraud and Funds Transfer Fraud We will pay up to $50,000 for "loss" caused by: a.Computer Fraud We will pay for loss to "money", "securities", or business personal property and personal property of others resulting directly from "computer fraud". b.Funds Transfer Fraud We will pay for loss to "money" and "securities" resulting directly from a "fraudulent instruction" directing a financial institution to transfer, pay, or deliver "money" or "securities" from your "transfer account". 2. Under Section I – Business Personal Property and Personal Property of Others – Coverage 2 - Prop- erty Not Covered, Paragraph B.3. "money" and "se- curities" is deleted, but only for this coverage. 3. Under Computer Fraud and Funds Transfer Fraud, we do not cover: a.Loss resulting from the use or purported use of credit, debit, charge, access, convenience, identi- fication, stored-value, or other cards or the in- formation contained on such cards; b.Intentionally misleading of a person to induce you or your employees to transfer "money", "se- curities", or business personal property and per- sonal property of others by someone pretending to be you, your employee, vendor, or client; c.Any loss or that part of any loss, where the proof of its existence or amount is dependent upon: 1)An inventory computation; or 2)A profit and loss computation. ERIE INSURANCE ERIESECURE BUSINESS EPP2305 (Ed. 10/19) POLICY NUMBER: Q61-0314358 DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 2 d. Loss by an indirect result of any act or "occur- rence" covered by "computer fraud" or funds transfer fraud including, but not limited to, loss caused by: 1) Your inability to realize income that you would have realized had there been no loss of, or loss from damage to, covered proper- ty; 2) Payment of damages of any type for which you are legally liable. We will pay compen- satory damages arising from a loss covered by this Extension of Coverage; or 3) Payment of costs, fees, or other expenses you incur in establishing either the existence or the amount of loss under this Extension of Coverage. e. Loss by expenses related to any legal action. 4. Deductible We will pay the amount of loss resulting directly from any one "occurrence" in excess of a $1,000 de- ductible for this coverage. 5. Under Section VIII – Commercial Property Condi- tions, the following are added, but only for this cov- erage. Limit Of Protection For Specified Property We will pay up to $5,000 for any one "occurrence" for loss to: a. Precious metals, precious or semi-precious stones, pearls, furs, or completed or partially completed articles made of or containing such materials that constitute the principal value of such articles; or b. Manuscripts, drawings, or records of any kind or the cost of reconstructing them or reproducing any information contained in them. Discovery Period For Loss We will pay for a covered loss discovered no later than one year from the end of the policy period. 6. Under Section IX – Definitions, the following are added, but only for Computer Fraud and Funds Transfer Fraud: • "Banking premises" means the interior of that portion of any building occupied by a banking institution or similar safe depository. • "Computer fraud" means theft of property fol- lowing and directly related to the use of any computer to fraudulently cause a transfer of that property from inside the premises described in the "Declarations" or "banking premises" to a place outside those premises or to a person (other than a messenger) outside those premises. • "Occurrence" means an: a. Act or series of related acts involving one or more persons; or b. Act, event, or a series of related acts or events not involving any person. D. Contract Penalty Under Section VI – B. Extensions of Coverages - Con- tract Penalty is added: We will pay up to $25,000 for contractual penalties that you are required to pay your customers. These contractual penalties must be a result of any clause in your contracts for failure to timely deliver your products according to the contract terms. These contractual penalties must result from "loss" or damage to your covered property by a peril insured against. The property deductible does not apply to this extension. E. Contractors’ Tools – Off-Premises and Contractors’ Equipment Under Section VI – B. Extensions of Coverage - Contractors' Tools - Off-Premises and Contractors’ Equipment is added: 1. Insuring Agreement We will pay up to $25,000 for direct physical "loss" or damage to your "contractors' tools", "mobile equipment", and "contractors’ non-mobile equip- ment" caused by or resulting from a peril insured against. 2. Property Not Covered We do not cover: a. "Aircraft" or watercraft; b. "Automobiles", motor trucks, tractors, trailers, non-construction related trailers, and similar conveyances designed for highway use and used for over the road transportation of people or car- go. c. Contraband or property in the course of illegal transportation or trade; d. Employees' clothing; e. Property while airborne; f. Property that you loan, lease, or rent to others; g. Property while it is stored or operated under- ground in connection with any mining opera- tions; h. Plans, designs, blueprints, specifications, me- chanical drawings or similar property; DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 3 i. Accounts, bills, currency, deeds, stamps of any kind, letters of credit, or other evidences of debt, lottery tickets not held for sale, money, notes, or securities; or j. Valuable papers and records. 3. Perils Insured Against Section II - Perils Insured Against of the ErieSecure Business Property Coverage Part is delet- ed and replaced by the following, but only for this coverage. This Contractors' Tools – Off-Premises and Contrac- tors' Equipment Coverage insures against direct phys- ical "loss" or damage, except "loss" or damage as ex- cluded or limited in Exclusions, Paragraph 4., but on- ly for this coverage. 4. Exclusions Section III - Exclusions in the ErieSecure Business Property Coverage Part is deleted and replaced by the following, but only for this coverage. a. We do not cover "loss" or damage caused to covered property caused directly or indirectly by any of the following. Such "loss" or damage is excluded regardless of any cause or event that contributes concurrently or in any sequence to the "loss". 1) Civil Authority Seizure or destruction of covered property by order of governmental authority. However, we will cover "loss" caused by acts of destruction ordered by governmental authority to prevent the spread of fire. 2) Fungus, Wet Rot, Dry Rot, and Bacteria We will not pay for "loss" or damage caused by or resulting from "fungus", wet rot, or dry rot. However, this exclusion does not apply when "fungus", wet rot, or dry rot re- sults from a peril insured against. We will not pay for "loss" or damage caused by or resulting from any virus, bacterium, or other micro-organism that induces or is ca- pable of inducing physical distress, illness, or disease. 3) Intentional Acts Intentional loss, meaning any "loss" arising from an act committed by, or at the direction of the insured with the intent to cause a "loss". 4) Neglect Neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of "loss". 5) Nuclear Hazard Nuclear reaction or radiation or radioactive contamination unless fire ensues, and then only for ensuing "loss". 6) War a) War including undeclared or civil war; b) Warlike action by a military force, in- cluding action in hindering or defending against an actual or expected attack, by any government, sovereign, or other au- thority using military personnel or other agents; or c) Insurrection, rebellion, revolution, usurped power, or action taken by gov- ernmental authority in hindering or de- fending against any of these. With respect to any action that comes within the terms of this exclusion and involves nu- clear reaction or radiation or radioactive contamination, this War exclusion super- sedes the Nuclear Hazard exclusion above. 7) Weather Conditions Weather conditions, but only if weather conditions contribute in any way with a peril excluded in Exclusions, Paragraph 4. to produce "loss". b. We do not cover "loss" or damage resulting from: 1) Criminal, Fraudulent, Or Dishonest Acts Dishonest or criminal acts (including theft) committed by you or any of your members of a limited liability company, or any of your employees (including temporary or leased employees), directors, officers, trus- tees, or authorized representatives: a) Acting alone or in collusion with other persons; or b) While performing services for you or otherwise. We will cover acts of destruction by your employees (including temporary or leased employees) but only for ensuing "loss", but there is no coverage for "loss" or damage by theft by your employees (including tempo- rary or leased employees) or any person to DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 4 whom you entrust property for any purpose, whether acting alone or in collusion with any other party. We will cover "loss" caused by dishonest acts by carriers or other bailees for hire. 2) Deterioration Or Contamination a) Deterioration or contamination; b) Wear, tear, rust, or corrosion; c) Change in flavor, color, texture, or fin- ish; d) Damp or dry air; e) Inherent vice; f) Smog; g) Latent or hidden defects; h) Marring or scratching; i) Smoke, vapor, or gases from agricultur- al or industrial operations; j) Settling, cracking, shrinking, bulging, or expansion of pavements, founda- tions, walls, sidewalks, driveways, pati- os, floors, roofs, or ceilings; k) Nesting or infestation, or discharge, or release of waste products or secretions, by insects, birds (except glass break- age), rodents, or other animals; or l) Mechanical breakdown, including rup- ture or bursting caused by centrifugal force; unless a covered "loss" ensues, then only for ensuing "loss". 3) Electricity Electricity other than lighting unless fire or explosion ensues, and then only for ensuing "loss". 4) Explosion and/or Rupture Due to explosion of any steam boiler, steam piping, steam turbine, steam engine, or pres- sure vessel owned, used, or operated by the insured. 5) Humidity/Temperature Humidity, freezing or overheating, damp- ness, dryness, or changes in or extremes of temperature. 6) Loss of Use Loss of use, business interruption, delay, or loss of market. 7) Mysterious Disappearance Mysterious disappearance or unexplained "loss". 8) Puncture, Blowout, and Road Damage "Loss" to tires or tubes caused by road dam- age, such as blowout or puncture, unless it results from another "loss" covered by this coverage. 9) Pollutants Discharge, dispersal, seepage, migration, re- lease, or escape of "pollutants" unless the discharge, dispersal, seepage, migration, re- lease, or escape is itself caused by a peril in- sured against. But if "loss" or damage by a peril insured against results from the dis- charge, dispersal, seepage, migration, re- lease, or escape of "pollutants", we will pay for the resulting damage caused by the peril insured against. 10) Voluntary Parting You or anyone acting on your express or implied authority, being induced by any dis- honest act to voluntarily part with title or possession of any property. 11) Weight Of Load Weight of load which under the operating conditions at the time of a "loss" exceeds the registered lifting capacity or load rating chart of any equipment or machine. 5. Deductibles The following is added toSection V - Deductibles, but only for this coverage. We will pay the amount of "loss" to covered property in any one occurrence that is in excess of $500 if the "loss" is only covered by this Contractors' Tools – Off-Premises and Contractors’ Equipment coverage. When the occurrence involves "loss" to covered property under this Contractors Select Enhancement Endorsement and under Contractors' Equipment and Tools Coverage, the highest deductible will be ap- plied to the "loss". 6. Conditions The following is added to Section VIII - Commer- cial Property Conditions: a. Insurance Under More Than One Coverage If more than one coverage applies to the same "loss", we will pay no more than the actual amount of the "loss". DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 5 b. Valuation The value of covered property will be based on the replacement cost value at the time of "loss". 7. Definitions The following is added to Section IX - Definitions: • "Automobile" means a land motor vehicle, trail- er, or semi-trailer designed for travel on public roads including any attached machinery or equipment, but does not include "mobile equip- ment". • "Contractors' non-mobile equipment" means ma- chinery and equipment of a portable nature that you use in your contracting operations. "Con- tractors' non-mobile equipment" also means powered and non-powered equipment such as portable welders, portable heaters, ladders, scaf- folding, mortar mixers, pumps, table/radial saws, and generators. "Contractors' non-mobile equip- ment" does not include portable powered and non-powered hand tools. • "Contractors' tools" means: a. Your portable powered and non-powered hand tools; b. Your employees' portable powered and non- powered hand tools; c. Portable powered and non-powered hand tools that you borrow, rent, or lease from others while in your care, custody, or con- trol; and d. Property usually assembled and disassem- bled at job sites, including fences, scaffold- ing, cribbing, and construction forms such as falsework. • "Fungus" means any type or form of fungus, in- cluding mold or mildew and any mycotoxins, spores, scents, or by-products produced or re- leased by fungi. • "Loss" means direct and accidental "loss" of or damage to covered property. • "Mobile equipment" means any of the following types of land vehicles (including any attached machinery or equipment): 1. Bulldozers, farm machinery, forklifts, and other vehicles designed for principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers, or drills; or b. Road construction or resurfacing equipment such as graders, scrapers, or rollers; 5. Vehicles not described in 1., 2., 3., or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the fol- lowing types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, light- ing, and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; 6. Vehicles not describe in 1., 2., 3., or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently at- tached equipment are not "mobile equip- ment" but are considered "automobiles": a. Equipment designed primarily for: 1) Snow removal; 2) Road maintenance, but not con- struction or resurfacing; or 3) Street cleaning; b. Cherry pickers and similar devices mounted on an "automobile" or truck chassis and used to raise or lower work- ers; and c. Air compressors, pumps, and genera- tors, including spraying, welding, build- ing, cleaning, geophysical exploration, lighting, and well servicing equipment. • "Pollutants" mean any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalies, chemicals, and waste. Waste includes materials to be recy- cled, reconditioned, or reclaimed. F. Contractors’ Tools – On-Premises The following is added to Paragraph A. Covered Proper- ty of Section I - Coverages - Business Personal Proper- ty and Personal Property of Others – Coverage 2: DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 6 Your and your employees' tools while in or on the de- scribed buildings, in the open, in a vehicle, on the premis- es described in the "Declarations", or within 1,500 feet thereof. G. Counterfeit Money The Amount of Insurance under Section VI – B. Exten- sions of Coverage - Counterfeit Money is increased from $1,000 to $11,000 for any one loss. H. Employee Dishonesty The Amount of Insurance under Section VI – B. Exten- sions of Coverage - Employee Dishonesty is increased from $10,000 to $50,000 for any one "loss". I. Income Protection – Off-Premises Utility Properties Failure The Amount of Insurance under Section VI – B. Exten- sions of Coverage - Income Protection – Off-Premises Utility Properties Failure is increased from $25,000 to $50,000 for any one loss. J. Installation Coverage Under Section VI – B. Extensions of Coverage - Instal- lation Coverage is added: 1. Insuring Agreement We will pay up to $25,000 for direct physical "loss" or damage to covered property caused by or resulting from a peril insured against. 2. Covered Property We cover: a. Materials; b. Supplies; c. Equipment; d. Machinery; e. Fixtures; and f. Appliances, whether permanent or not, that will be located in the finished structure that are to be installed by you or at your direction. Coverage includes the cost of labor. You must own the property or be legally liable for it. This property is covered while it is: a. In transit to a "jobsite" or "temporary storage lo- cation"; b. At a "jobsite" or "temporary storage location"; or c. Being installed or erected. Coverage for this property will end at the earliest of the following times: a. When the installation or erection is complete and has been accepted by the owner; b. When the described project is abandoned with no intention to complete it; c. Ninety (90) days after the installation or erection is completed; d. When your insurable interest in the property ends; e. The date the policy is terminated or nonrenewed; or f. The covered property has been put to its intended use. 3. Property Not Covered We do not cover: a. An existing building, structure, or land to which an addition, alteration, improvement, or repair is being made; b. Property that belongs to you while it is stored at a permanent warehouse or storage yard for more than sixty (60) days; c. Accounts, bills, currency, deeds, stamps of any kind, letters of credit, or other evidences of debt, lottery tickets not held for sale, money, notes, or securities; d. Plans, blueprints, designs, or specifications; e. "Automobiles", trucks, tractors, trailers, and sim- ilar conveyances designed for highway use or used for over the road transportation of people or cargo; f. "Aircraft"; g. Watercraft; h. Property while airborne; i. Property that is waterborne, except in transit in the custody of a carrier for hire; j. Machinery, tools, equipment, supplies, or similar property which will not become a permanent part of your project, installation, or construction; k. Contraband or property in the course of illegal transportation or trade; l. Antiques, paintings, statuary, and other objects of art; m. Valuable papers and records; and n. Trees, shrubs, lawns, and plants grown outside the buildings either for commercial purposes or for sale. DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 7 4. Perils Insured Against Section II - Perils Insured Against of the ErieSecure Business Property Coverage Part is delet- ed and replaced by the following, but only for this coverage: This Installation Coverage insures against direct physical "loss" or damage, except "loss" or damage as excluded or limited in Exclusions, Paragraph 5., but only for this coverage. 5. Exclusions Section III - Exclusions of the ErieSecure Business Property Coverage Part is deleted and replaced by the following, but only for this coverage. a. Under this Installation Coverage, we do not cov- er "loss" or damage caused directly or indirectly by any of the following. Such "loss" or damage is excluded regardless of any cause or event that contributes concurrently or in any sequence to the "loss". 1) Civil Authority Seizure or destruction of covered property by order of governmental authority. However, we will cover "loss" caused by acts of destruction ordered by governmental authority to prevent the spread of fire. 2) Earth Movement a) Earthquake, including tremors and af- tershocks, and any earth sinking, rising, or shifting related to such event; b) Landslide, including any earth sinking, rising, or shifting related to such events; c) Mine subsidence, meaning subsidence of a man-made mine, whether or not mining activity has ceased; or d) Earth sinking (other than "sinkhole col- lapse"), rising, or shifting including soil conditions which cause settling, crack- ing, or other disarrangement of founda- tions, or other parts of realty. Soil con- ditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil, and the action of water under the ground surface. This exclusion applies regardless of whether any of the above, in Paragraphs 2)a) through 2)d), is caused by an act of nature or is oth- erwise caused. But if Earthquake, as described in 2)a) through 2)d) above, results in fire, explo- sion, sprinkler leakage, volcanic action, or building glass breakage, we will pay for the "loss" or damage caused by such perils. Volcanic action means direct "loss" or dam- age resulting from the eruption of a volcano when the "loss" or damage is caused by: a) Airborne volcanic blast or airborne shock waves; b) Ash, dust, or particulate matter; or c) Lava flow. All volcanic eruptions that occur within any 168-hour period will constitute a single oc- currence. This does not include the cost to remove ash, dust, or particulate matter that does not cause direct "loss" or damage to covered property. This exclusion does not apply to property being transported. 3) Defects, Errors, and Omissions "Loss" caused by faulty, inadequate, or de- fective: a) Planning, zoning, development, or sur- veying; b) Design, specifications, workmanship, repair, construction, renovating, remod- eling, grading, or compaction; c) Materials used in repair, construction, renovation, or remodeling; or d) Maintenance of property but if "loss" by a peril insured against results, we will pay for the ensuing "loss". 4) Fungus, Wet Rot, Dry Rot, and Bacteria We will not pay for "loss" or damage caused by or resulting from "fungus", wet rot, or dry rot. However, this exclusion does not apply when "fungus", wet rot, or dry rot re- sults from a peril insured against. We will not pay for "loss" or damage caused by or resulting from any virus, bacterium, or other micro-organism that induces or is ca- pable of inducing physical distress, illness, or disease. 5) Intentional Acts Intentional loss, meaning any "loss" arising from an act committed by, or at the direction of the insured with the intent to cause a "loss". DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 8 6) Neglect Neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of "loss". 7) Nuclear Hazard Nuclear reaction or radiation or radioactive contamination unless fire ensues, and then only for ensuing "loss". 8) War a) War including undeclared or civil war; b) Warlike action by a military force, in- cluding action in hindering or defending against an actual or expected attack, by any government, sovereign, or other au- thority using military personnel or other agents; or c) Insurrection, rebellion, revolution, usurped power, or action taken by gov- ernmental authority in hindering or de- fending against any of these. With respect to any action that comes within the terms of this exclusion and involves nu- clear reaction or radiation or radioactive contamination, this War exclusion super- sedes the Nuclear Hazard exclusion. 9) Water a) Flood, surface water, waves (including tidal water and tsunami), tides, tidal wave, or overflow of any body of water or spray from any of these, all whether or not driven by wind (including storm surge); b) Mudslide or mudflow; c) By water or sewage which backs up through sewers or drains or which en- ters into and overflows or is otherwise discharged from a sewer, drain, sump pump, sump pump well, or any other system designed to remove subsurface water which is drained from the founda- tion area; d) Water under the ground surface press- ing on, flowing, or seeping through: i. Foundations, walls, floors, or paved surfaces; ii. Sidewalks or driveways; iii. Basements, whether paved or not; or iv. Doors, windows, or other open- ings. e) Waterborne material carried or other- wise moved by any of the water referred to in Paragraphs 9)a), 9)c), or 9)d), or material carried or otherwise moved by mudslide or mudflow. This exclusion applies regardless of whether any of the above, in Paragraphs 9)a) through 9)e), is caused by any act of nature or is oth- erwise caused. An example of a situation to which this exclusion applies is the situation where a dam levee, seawall, or other bound- ary or containment system fails in whole or in part, for any reason, to contain the water. But if Water, as described in 9)a) through 9)e) results in fire, explosion, sprinkler leak- age, volcanic action, or building glass breakage, we will pay for the "loss" or dam- age caused by such perils. 10) Weather Weather conditions, but only if weather conditions contribute in any way with a peril excluded in Exclusions, Paragraph 5. to produce "loss". b. We do not cover "loss" or damage resulting from: 1) Criminal, Fraudulent, Or Dishonest Acts Dishonest or criminal acts (including theft) committed by you or any of your members of a limited liability company, or any of your employees (including temporary or leased employees), directors, officers, trus- tees, or authorized representatives: a) Acting alone or in collusion with other persons; or b) While performing services for you or otherwise. We will cover acts of destruction by your employees (including temporary or leased employees) but only for ensuing "loss" or damage, but there is no coverage for "loss" or damage by theft by your employees (in- cluding temporary or leased employees) or any person to whom you entrust property for any purpose, whether acting alone or in col- lusion with any other party. We will cover "loss" caused by dishonest acts by carriers or other bailees for hire. 2) Deterioration or Contamination a) Deterioration or contamination; DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 9 b) Wear and tear, rust, or corrosion; c) Change in flavor, color, texture, or fin- ish; d) Decay, fungus, mildew, or mold; e) Damp or dry air; f) Inherent vice; g) Smog; h) Latent or hidden defect; i) Marring or scratching; j) Smoke, vapor, or gases from agricultur- al or industrial operations; k) Settling, cracking, shrinking, bulging or expansion of pavements, foundations, walls, sidewalks, driveways, patios, floors, roofs, or ceilings; l) Nesting or infestation, discharge, or re- lease of waste products or secretions by insects, birds (except glass breakage), rodents, or other animals; m) Mechanical breakdown, including rup- ture or bursting caused by centrifugal force unless a covered "loss" ensues, and then on- ly for ensuing "loss". 3) Electricity Electricity, including electric arching other than lightning, unless fire or explosion en- sues, and then only for ensuing "loss". 4) Humidity/Temperature Humidity, freezing or overheating, damp- ness, dryness, or changes in or extremes of temperature 5) Loss Of Use Loss of use, business interruption, delay, or loss of market. 6) Mysterious Disappearance Mysterious disappearance or unexplained "loss". 7) Pollutants Discharge, dispersal, seepage, migration, re- lease, or escape of "pollutants" unless the discharge, dispersal, seepage, migration, re- lease, or escape is itself caused by a peril in- sured against. But if "loss" or damage by a peril insured against results from the dis- charge, dispersal, seepage, migration, re- lease, or escape of "pollutants", we will pay for the resulting damage caused by the peril insured against. 8) Unauthorized Instruction Property that has been transferred to a per- son or to a place outside the described prem- ises on the basis of unauthorized instruc- tions. 9) Unlawful Occupation Possession arising out of unlawful occupa- tion of the installation premises or site, but this does not exclude your liability for dam- age to or removal of insured property during such occupation. 10) Voluntary Parting You or anyone acting on your express or implied authority, being induced by any dis- honest act to voluntarily part with title or possession of any property. 6. Deductible The following is added to Section V - Deductibles, but only for this coverage. We will pay the amount of "loss" to covered property in any one occurrence that is in excess of $200 if the "loss" is only covered by this Installation Coverage. When the occurrence involves "loss" to covered property under this Contractors Select Enhancement Endorsement and under this Installation Coverage, the highest deductible will be applied to the "loss". 7. Conditions The following are added to Section VIII - Commer- cial Property Conditions: a. Insurance Under More Than One Coverage If more than one coverage applies to the same "loss", we will pay no more than the actual amount of the "loss". b. Loss Payable Clause "Loss" shall be payable to loss payees named in the "Declarations" to the extent of their interest. Our Duties We will: 1) Protect the loss payee's interest in the in- sured property. This protection will not be invalidated by any act of neglect of the In- sured, any breach of warranty, increase in hazard, change of ownership, or subsequent legal encumbrance if the loss payee has no knowledge of these conditions; and DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 10 2) Give the loss payee thirty (30) days notice before cancellation or refusal to renew this policy. Loss Payee's Duties The loss payee will: 1) Furnish proof of loss within sixty (60) days if you fail to do so; 2) Pay upon demand any premium due if you fail to do so; 3) Notify us of any change of ownership or oc- cupancy or any increase in hazard of which the loss payee has knowledge; 4) Give us his or her right of recovery against any party liable for "loss"; and 5) After a "loss", permit us to satisfy the debit requirements and receive full transfer of debt. c. Valuation In the event of "loss" or damage to covered property, we agree to repair, rebuild, or replace the property with other property of like kind and quality subject to the following terms and condi- tions: 1) We will not pay more for "loss" or damage on a replacement cost basis than the least of: a) The $25,000 Amount of Insurance ap- plicable to the lost or damaged proper- ty; b) The cost to replace the lost or damaged property with other property: i. Of comparable material and quality; and ii. Used for the same purpose. c) The amount you actually spend that is necessary to repair or replace the lost or damaged property. 2) We will not pay on a replacement cost basis for any "loss": a) Until the lost or damaged property is ac- tually repaired or replaced; and b) Unless the repairs or replacement are made as soon as reasonably possible af- ter the "loss" or damage. If the property is not repaired within such reasonable time, it will be valued at its actual cash value as of the time of "loss". 3) You may make a claim for "loss" covered by this insurance on an actual cash value basis instead of a replacement cost basis. In the event you elect this option, you may still make a claim for the additional coverage under this provision, if you notify us, in writing, within 180 days after the "loss" or damage. 8. Definitions Under Section IX – Definitions, the following are added, but only for this coverage. • "Aircraft" means any machine or device capable of atmospheric flight except model airplanes. • "Automobile" means a land motor vehicle, trail- er, or semi-trailer designed for travel on public roads including any attached machinery or equipment, but does not include "mobile equip- ment". • "Fungus" means any type or form of fungus, in- cluding mold or mildew and any mycotoxins, spores, scents, or by-products produced or re- leased by fungi. • "Jobsite" means any location, project, or work site where you are involved in an installation or construction project. • "Loss" means direct and accidental "loss" of or damage to covered property. • "Mobile equipment" means any of the following types of land vehicles (including any attached machinery or equipment): 1. Bulldozers, farm machinery, forklifts, and other vehicles designed for principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers, or drills; or b. Road construction or resurfacing equipment such as graders, scrapers, or rollers; 5. Vehicles not described in 1., 2., 3., or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the fol- lowing types: a. Air compressors, pumps, and genera- tors, including spraying, welding, build- DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 11 ing cleaning, geophysical exploration, lighting, and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; 6. Vehicles not described in 1., 2., 3., or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently at- tached equipment are not "mobile equip- ment" but are considered "automobiles": a. Equipment designed primarily for: 1) Snow removal; 2) Road maintenance, but not con- struction or resurfacing; or 3) Street cleaning; b. Cherry pickers and similar devices mounted on an "automobile" or truck chassis and used to raise or lower work- ers; and c. Air compressors, pumps, and genera- tors, including spraying, welding, build- ing, cleaning, geophysical exploration, lighting, and well servicing equipment. • "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalies, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. • "Sinkhole collapse" means "loss" caused by sud- den sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite. "Sinkhole collapse" does not include: 1. The cost of filling sinkholes; or 2. "Loss" or damage to property caused by or resulting from the sinking or collapse of land into man-made underground cavities. • "Temporary storage location" means a loca- tion(s) where property that is to become a per- manent part of a completed project is stored while awaiting delivery to a "jobsite" where work is in progress or where work is to begin within thirty (30) days. K. Outdoor Radio and Television Antennas and Satellite Dishes Under Section VI – B. Extensions of Coverage - Out- door Radio and Television Antennas and Satellite Dishes is added: 1. We will pay up to $2,500 for "loss" or damage to outdoor radio and television antennas (including sat- ellite dishes) and lead-in wiring, masts, or towers caused by windstorm or hail at the premises de- scribed in the "Declarations". 2. Under Section III – Exclusions, Paragraph B.12. is not applicable, but only for this coverage. A $200 deductible applies to this extension. L. Sewer And Drain Back-Up Under Section VI – B. Extensions of Coverage - Sewer And Drain Back-Up is added: 1. We will pay up to $25,000 for any one "loss" to cov- ered property caused by water and sewage that backs up through sewers and drains or which enters into and overflows or is otherwise discharged from a sew- er, drain, sump pump, sump pump well, or any other system designed to remove subsurface water which is drained from the foundation area. 2. Under Section III – Exclusions, Paragraph A.6.c. is not applicable but only for this coverage. A $500 deductible applies to this extension. M. Unauthorized Business Card Transactions Under Section VI – B. Extensions of Coverage - Unau- thorized Business Card Transactions is added: We will pay up to $5,000 for your loss to "money", charges, or expenses you incur resulting directly from the unauthorized use of credit, debit, charge, access, conven- ience, funds transfer, stored valued, or similar cards is- sued to another person or organization. A $500 deductible applies to this extension. N. Utility Properties – Direct Damage Under Section VI – B. Extensions of Coverage - Utility Properties - Direct Damage is added: We will pay up to $50,000 for direct physical "loss" or damage you sustain to covered property at the premises described in the "Declarations" caused by the interruption of utility service to the premises described in the "Decla- rations". The interruption in utility service must result from direct physical "loss" or damage from a peril insured against to the following property not on the premises described in the "Declarations": 1. Communication Supply Property, meaning property supplying communication services, including tele- DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 12 phone, radio, microwave, or television services to the premises described in the "Declarations", such as: a. Communication transmission lines including fi- ber optic transmission lines; b. Coaxial cables; and c. Microwave radio relay, except satellites. 2. Power Supply Property, meaning the following types of property supplying electricity, steam, or gas to the premises described in the "Declarations": a. Utility generating plants; b. Switching stations; c. Substations; d. Transformers; and e. Transmission lines. 3. Water Supply Property, meaning the following types of property supplying water to the premises described in the "Declarations": a. Pumping stations; and b. Water mains. 4. Wastewater Removal Property, meaning a utility sys- tem for removing wastewater and sewage from the premises described in the "Declarations", other than a system designed primarily for draining storm water. The wastewater removal property includes sewer mains, pumping stations, and similar equipment for moving the effluent to a holding treatment or disposal facility and includes such facilities. Coverage does not apply to "loss" or damage to covered property at the premises described in the "Declarations" due to an interruption in service caused by or resulting from a discharge of water or sewage due to heavy rainfall or flooding. Transmission lines include all lines which serve to trans- mit communication service or power, including lines which may be identified as distribution lines. We will not pay for "loss" or damage to "electronic data" including destruction or corruption of "electronic data". The property deductible does not apply to this extension. COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following changes to the Commercial General Liability Form only apply if a premium is shown in the Declarations for Commercial General Liability coverage. A. Aggregate Limit Per Project 1. For all sums which the insured becomes legally obli- gated to pay as damages caused by "occurrences" un- der Section I - Coverage A, and for all medical ex- penses caused by accidents under Section I - Cover- age C which can be attributed only to ongoing opera- tions at a single construction project: a. A separate Construction Project General Aggre- gate Limit applies to each construction project, and that limit is equal to the amount of the Gen- eral Aggregate Limit shown in the Declarations. b. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages be- cause of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Cover- age C regardless of the number of: 1) Insureds; 2) Claims made or "suits" brought; or 3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for dam- ages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Ag- gregate Limit nor shall they reduce any other Construction Project Aggregate Limit for any other construction project. d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You, and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construc- tion Project Aggregate Limit. 2. For all sums which the insured becomes legally obli- gated to pay as damages caused by "occurrences" un- der Section I – Coverage A, and for all medical ex- penses caused by accidents under Section I - Cover- age C, which cannot be attributed only to ongoing operations at a single construction project: a. Any payments made under Coverage A for dam- ages or under Coverage C for medical expenses shall reduce the amount available under the Gen- eral Aggregate Limit of the Products-Completed Operations Aggregate Limit, whichever is appli- cable; and b. Such payments shall not reduce the Construction Project Aggregate Limit. 3. When coverage for liability arising out of the "prod- ucts-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Prod- ucts-Completed Operations Aggregate Limit, and not DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 13 reduce the General Aggregate Limit or the Construc- tion Project Aggregate Limit. 4. If the applicable construction project has been aban- doned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications, or timetables, the project will still be deemed to be the same construc- tion project. B. Voluntary Property Damage Under Section I – Coverages - Coverage A - Bodily In- jury And Property Damage Liability – Insuring Agreement of the Commercial General Liability Cover- age Form, the following is added: 1. Insuring Agreement We will pay those sums that the insured becomes le- gally obligated to pay as damages because of unin- tentional damage to property of others: a. Caused by the insured or while the property is in the possession of the insured; and b. Arising out of your operations described in the Declarations and covered by this policy. This insurance applies to "property damage" only if: a. The "property damage" is caused by an "occur- rence" that takes place in the "coverage territo- ry"; and b. The "property damage" occurs during the policy period. Damage does not include disappearance, abstraction, or loss of use. 2. Under Section I – Coverages - Coverage A - Bodily Injury And Property Damage Liability - Exclu- sions, Paragraphs 2.j.3), 2.j.4), and 2.j.5) of the Commercial General Liability Coverage Form are de- leted, but only for this coverage. 3. Section III - Limits Of Insurance of the Commer- cial General Liability Coverage Form is deleted and replaced by the following, but only for this coverage: a. The Limits of Insurance for this coverage and the rules below fix the most we will pay regardless of the number of: 1) Insureds; 2) Claims made or "suits" brought, or 3) Persons or organizations making claims or bringing "suits". b. The $25,000 Occurrence Limit for this coverage is the most we will pay for the sum of all damag- es arising out of damage to property of one or more persons or organizations as a result of any one "occurrence". c. The $50,000 Aggregate Limit for this coverage is the most we will pay for all damages as a re- sult of all "occurrences" which take place during a policy period. d. The deductible amount of $500 applies to all "property damages" sustained by any one person or organization as the result of any one "occur- rence". We may pay any part of, 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 for such part of the deductible amount as has been paid by us. 4. Under Section IV - Commercial General Liability Conditions - Other Insurance, Paragraph 4. is de- leted and replaced by the following, but only for this coverage. Other Insurance If any other valid and collectible insurance carried by you or others applies to a loss covered by this Volun- tary Property Damage Coverage, this insurance shall apply only as excess insurance over the other valid and collectible insurance. 5. The following condition is added to Section IV - Commercial General Liability Conditions of the Commercial General Liability Coverage Form: Labor And Materials If damage occurs, you shall, if requested by us, re- place the property or furnish the labor and materials necessary for repairs, at actual cost to you, excluding prospective profit, or overhead charges of any nature. DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Section II – Who Is An Insured is amended to include as an additional insured: 1.Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2.Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" 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 for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. 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 under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1."Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field 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 architectural, engineering or surveying services. 2."Bodily injury" or "property damage" occurring after: a.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, 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 the contract or agreement described in Paragraph A.1.; 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. © Insurance Services Office, Inc., 2012 ERIE INSURANCE COMMERCIAL GENERAL LIABILITY CG 20 38 (Ed. 4/13) UF-B260 POLICY NUMBER: Q61-0314358 DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A.Section II - Who Is An Insured is amended to include as an additional insured: 1.Any person or organization for whom you are per- forming operations when you and such person or or- ganization have agreed in a written contract or agreement that such person or organization be added as an additional insured on your policy; and 2.Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person or organization is an additional insured only with respect to liability for "bodily injury" and "property damage" caused in whole or in part, by "your work" per- formed for that additional insured described in Paragraph 1.or 2. above and included in the "products-completed operations hazard". However, the insurance afforded to such additional in- sured: 1.Must be caused in whole or in part by you or others acting on your behalf; and 2.Only applies to the extent permitted by law and will not be broader than that required by any written con- tract or agreement. B.With respect to the insurance afforded to these additional insureds, 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 the written contract or agreement you have entered into with the additional insured; 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. ERIE INSURANCE ERIESECURE BUSINESS EPP1805 (Ed. 10/19) POLICY NUMBER: Q61-0314358 DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ENHANCEMENT ENDORSEMENT (NORTH CAROLINA) This enhancement endorsement modifies coverage provided in your Commercial Auto Policy (CAP; Ed. 4/96) and Policy Change Endorsement ACNA01. It provides coverage enhancements to the following portions of your Commercial Auto Policy: WHEN AND WHERE THIS POLICY APPLIES The following sentence is added to this section : Liability coverage for hired autos, as defined in the Autos We Insure Section of the policy, is provided for up to 45 days anywhere in the world, but coverage only applies to hired autos when the auto is hired, rented or borrowed for use in your business without a driver. However, this coverage does not apply if providing su ch coverage would be in violation of any economic or trade sanctions of the United States of America. The following subparts are added to this section: MEDICAL EVACUATION BENEFITS If an emergency evacuation is required because of injury you sustain outside of the United States resulting from an accident involving an auto we insure, and a physician determines that adequate medical care cannot be performed locally, we will pay for the following services and expenses: 1.medical services required for evacuation to the nearest adequate medical facility; 2.escort services if you are disabled as recommended by a physician; 3.ambulance service to the nearest airport, including air ambulance service upon departure; 4.special transportation costs to return you to the United States, including the cost of a stretcher, oxygen or other supplemental medical devices as deemed necessary by a physician; and 5.any expenses above the cost of a return airfare ticket held by you, or in the absence of a ticket the cost of an economy airfare ticket. The maximum benefit payable under this coverage shall not exceed $50,000. However, this coverage does not apply if providing such coverage would be in violation of any economic or trade sanctions of the United States of America. REPATRIATION BENEFIT If you die from injuries suffered in a covered accident that occurs outside of the United States we will pay for expenses incurred for the preparation and transportation of your body back to the United States. The maximum benefit payable under this coverage shall not exceed $25,000. However, this coverage does not apply if providing such coverage would be in violation of any economic or trade sanctions of the United States of America. AUTOS WE INSURE 2.Hired Autos The sentence added to this section in Policy Change Endorsement ACNA01 is deleted and replaced by the following: Physical Damage coverage up to $100,000 actual cash value is provided on an excess basis for hired autos if hired auto liability coverage has been purchased and if there is an owned auto we insure on the policy with physical damage coverage. A $500 deductible applies per loss. LIABILITY PROTECTION PERSONS WE PROTECT The following paragraphs are added at the end of this section: 4.any employee of yours while using an auto you do not own, borrow or hire in your business or personal affairs. For purposes of this paragraph, item 2.b. under PERSONS WE PROTECT in the policy does not apply. 5.any organization you newly acquire or form, other than a partnership, joint venture or limited liability company over which you maintain ownership or majority interest if there is no similar insurance available to that organization. Coverage is afforded until the 180th day after you acquire or form the organization or to the end of the policy period, whichever is earlier. Coverage does not apply to bodily injury or property damage resulting from an accident that occurred before you acquired or formed the organization. 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 shown as a Named Insured in the Declarations. ERIE INSURANCE COMMERCIAL AUTO ACNE01 (Ed. 9/21) UF-B983 POLICY NUMBER: Q08-1440074 DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 2 6. any person or organization with whom you agreed in a written contract, written agreement, or written permit to add as an additional insured on your policy is an additional insured. Such person or organization is an additional insured only with respect to your ownership, maintenance or use of an auto we insure. The insurance provided for such additional insureds applies solely to liability arising out of your business operations. This coverage is primary and noncontributory with respect to the additional insured. LIMITATIONS ON OUR DUTY TO PAY What We Do Not Cover – Exclusions Exclusion 5. is deleted and replaced by: 5. bodily injury to a fellow employee of anyone we protect arising out of and in the course of employment. This exclusion does not apply if all employees are covered by a Workers Compensation & Employers Liability policy. PHYSICAL DAMAGE COVERAGES ADDITIONAL PAYMENTS (NO DEDUCTIBLE APPLIES) The following additional payments are added to this section: 9. reasonable towing and labor costs to any owned auto. Labor must be done at the sight of the disablement. 10. full replacement cost coverage for any owned auto or trailer that is involved in a total loss resulting from an accident or theft that occurs within 90 days of the purchase date. The owned auto or trailer must have been purchased new by you (never previously titled), and scheduled on the policy Declarations. 11. any unpaid amount due on the lease or loan for an owned auto we insure in the event of a total loss to that auto. The auto must have been leased or purchased new, and not previously titled to another person or corporation. Payment will apply less: a. any amount paid under the Physical Damage Coverages section of this policy; and b. any overdue loan or lease payments at the time of loss; c. any financial penalties imposed under a lease for excessive use, abnormal wear or tear, high mileage, or other similar charges; d. any security deposits not refunded by the lessor or financial institution; e. any costs for extended warranties, credit life, health, accident, or disability insurance purchased with the loan or lease; f. any carry-over balances from previous leases or loans. You are responsible for any deductibles that may apply. 12. up to $200 per day for loss of income resulting from a Comprehensive or Collision loss to an auto we insure if the loss is caused by an interruption of business use of that auto. The following provisions apply: a. Coverage starts 48 hours after the date of the loss that causes the downtime. Downtime refers to the exact number of days the auto is down and cannot be used for business purposes; b. Payment ends on the date the auto is returned to you in useable condition, or a replacement auto is made available to you. However, this coverage shall not exceed 30 days from the time payment begins; c. You are required to make necessary replacement or repairs to resume operations as soon as possible; d. Payment under this coverage will be excess over any payments made under the Comprehensive or Collision coverage section of the policy; e. Coverage does not apply if a similar replacement vehicle is available that you could use to continue or resume business operations. ADDITIONAL TRANSPORTATION EXPENSES The following optional coverage applies only if a premium is shown for COMMERCIAL AUTO ENHANCEMENT COVERAGE W/TRANSPORTATION EXPENSES on your Declarations. Item 2. is deleted from PHYSICAL DAMAGE COVERAGES , ADDITIONAL PAYMENTS (NO DEDUCTIBLE APPLIES) in the policy and policy change endorsement ACNA01 and replaced by the following: 2. transportation expenses resulting from a Comprehensive or Collision loss we cover. We will pay these expenses until: a. the auto we insure is returned to you in reasonable condition; or b. we offer settlement; whichever comes first. The payment for transportation expenses resulting from a Comprehensive loss will not exceed $65 per day nor total more than $2,925 per loss unless a higher limit is purchased. The payment for transportation expenses resulting from a Collision loss will not exceed $65 per day nor total more than $2,925 per loss unless a higher limit is purchased. No waiting period applies. DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 3 This coverage is in addition to any Transportation Expenses Coverage purchased under this policy. RIGHTS AND DUTIES – GENERAL POLICY CONDITIONS WAIVER OF SUBROGATION Condition 12. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after accident or loss to impair them. We waive any right of recovery we may have against a person or organization identified as an Additional Insured in the Declarations because of payments we make for injury or damage arising out of the ownership, maintenance or use of an auto under a contract with that Additional Insured. DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work und er a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule “Organizations for which the Named Insured has agreed to by written contract executed prior to the loss to furnish waiver” ©1984 National Council on Compensation Insurance, Inc. ERIE INSURANCE WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC 00 03 13 (Ed. 1/86) UF-8641 POLICY NUMBER: Q92-1400850 DocuSign Envelope ID: E6637551-8B99-40C0-80BF-5A6D58F8B34A