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HomeMy Public PortalAboutPRR 16-2288RECORDS REQUEST (the "Request") Date of Request: 7/22/16 Requester's Request ID#: 1271 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records(a commerce-groumcom Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide copies of all insurance policies now or formerly in effect where the insurer was the Florida League of Cities or any of its affiliates and the insured party was the Town of Gulf Stream. This Request is made for the period beginning January 1 2013 to the date of this Request ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDASTATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SFE6119,010)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REOVESTED THAT THIS RECORDS REOVEST BE FULFILLED 1 ED ON 11 X 17 PAPER. NOTE; IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF §I 19.07(I)(H) OF THE FLORIDA STATUTES. WIIICII PROVIDESTIIAT "IFA CI\'ILACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OP COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs Imposed to the Requestor by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". UPINP/FLRR 07.28.2015 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 25, 2016 Martin E. O'Boyle [mail to: records(Za commerce-eroup.com] Re: GS #2281 (Records Request #1259); GS #2282 (Records Request #1263); GS #2283 (Records Request #1264); GS #2284 (Records Request #1265); GS#2285 (Records Request #1266); GS #2286 (Records Request #1267); GS #2287 (Records Request #1268); GS #2288 (Records Request #1271) Provide copies of all billings/invoices sent to the Florida Leagues of Cities in any matter involving Martin O'Boyle or the Town of Gulf Stream for the period beginning January 1, 2013. The term "Martin O Boyle" as used herein shall include the following: Martin E. O'Boyle, Citizens Awareness Foundation, Inc., Stopdirtygovernment, LLC, Rosewood Properties, Inc., Our Public Records, LLC, N984AC, LLC, Marshall -Whittington, Inc., Airline Highway, LLC, CG Acquisition Company, Inc., Commerce Group, Inc., Forrest -English, Inc., Asset Enhancement, Inc., Citizens for Open Government, LLC, Commerce GP, Inc., Commerce Realty Group, Inc., CRO Aviation, Inc. Provide copies ofall records which are commonly known in the insurance industry as "Reservation of Rights Letters " and related communications issued by the Florida League of Cities or any of its affiliates to Sweetapple, Broeker & Varkas during the period beginning January 1, 2013 to the date of this Request. Provide copies of all records which are commonly known in the insurance industry as "Reservation of Rights Letters" and related communications issued by the Florida League of Cities or any of its affiliates to Jones, Foster, Johnston & Stubbs during the period beginning January 1, 2013 to the date of this Request. Provide copies of all records which are commonly known in the insurance industry as "Reservation of Rights Letters" and related communications issued by the Florida League of Cities or any of its affiliates to the Town of Gulf Stream during the period beginning January 1, 2013 to the date of this Request. Provide copies of all records which are commonly known in the insurance industry as "Reservation of Rights Letters " and related communications issued by the Florida League of Cities or any of its affiliates to Richman Greer, P.A. during the period beginning January 1, 2013 to the date of this Request. Provide copies of all records which are commonly known in the insurance industry as "Reservation of Rights Letters" and related communications issued by the Florida League of Cities or any of its affiliates to Cole Scott & Kissane during the period beginning January 1, 2013 to the date of this Request. Provide copies of all records which are commonly known in the insurance industry as "Reservation of Rights Letters" and related communications issued by the Florida League of Cities or any of its affiliates to Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. during the period beginning January 1, 2013 to the date of this Request. Provide copies of all insurance policies now or formerly in effect where the insurer was the Florida League of Cities or any of its aff liates and the insured party was the Town of Gulf Stream. This Request is made for the period beginning January 1, 2013 to the date of this Request. Dear Martin E. O'Boyle [mail to: records(i�commerce-group.comlI The Town of Gulf Stream has received your public records requests dated July 22, 2016. The original public records requests can be found at the following links: http://www2.gulf-stream.org/weblink/O/­doc/97572/Pagel.aspx; http://www2.gulf-stream.org/weblink/O/doc/­97573/Pagel.aspx: http://www2.gulf-stream.org/weblink/O/doc/97574/Pagel.aspx; http://www2.gulf-stream.org/weblink/O/doc/­97575/Pagel-aspx; http://www2.gulf-stream.org/weblink/0/doc/97576/Pagel.aspx; http://www2.gulf-stream.org/weblink/O/doc/97577/Pagel.aspx http://www2.gulf-stream.org/weblink/O/doc/97578/­Pagel.aspx; http://www2.gulf-stream.org/weblink/­0/doc/97579/Pagel.aspx Please be advised that the Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 26, 2016 Martin O'Boyle [mail to: records@commerce-eroun.coml Re: GS #2288 (Records Request #1271) Provide copies of all insurance policies now or formerly in effect where the insurer was the Florida League of Cities or any of its affiliates and the insured parry was the Town of Gulf Stream. This Request is made for the period beginning January 1, 2013 to the date of this Request. Dear Martin O'Boyle [mail to: records@commerce-erouo.coml, The Town of Gulf Stream has received your original record requests dated July 22, 2016. Your original public records request can be found at the following link: htty://www2.gulf-stream.ore/weblink/O/doc/97579/Pagel.asyx. Please refer to the referenced number above with any future correspondence. The responsive records can be found at the same link above. We consider this matter closed. Respectfully, Town Clerk, Custodian of the Records FLORIDA MUNICIPAL INSURANCE TRUST GENERALIPROFESSIONAL LIABILITY COVERAGE AGREEMENT DECLARATIONS I. DESIGNATED MEMBER Agreement No.: FMIT#0228 Town of Gulf Stream II. GOVERNMENT DESCRIPTION Municipality III. COVERAGE PERIOD From October 1, 2012 to October 1.201312 01 A M. Standard Time at the address of the Designated Member. IV. General/Professional Liability Payroll 1 General Liability a Broad Form Property Damage b Extra Contractual Legal Expense c Fire Legal Liability d Medical Aftendants'/Medical Directors' Malpractice Liability 2 Errors and Omissions Liability a Employment Practices Liability b Employee Benefits Program Administration Liability 3 Law Enforcement Full Time with Arrest Powers Part Time with Arrest Powers 4 Information Security 8 Privacy Liability THESE ARE CLAIMS MADE AND REPORTED COVERAGES Insuring Agreement I.A. a Information Security & Privacy Liability Retroactive Date 10!0112012 Insuring Agreement I.B. b. Information Security & Privacy Liability Retroactive Date 10101/2012 Insuring Agreement I c. Information Security & Privacy Liability Retroactive Date: 10101/2012 Premium Deductible/ Net Basis Type Limit Premium FMIT GL DEC 1012 Page 1 of 3 $D $5,000,000 $26,616 363.135 $D Per Form Included NIA $25,000 Included $0 $500,000 Included s0 $5,000,000 Included $0 $5,000,000 Included SO $5,000,000 Included s0 $5,000,000 included $0 $5,000,ODO Included 11 1 5250,000 Agreement Aggregate Umll of Liability •• 5250,000 Each Included Claim. Aggregate Induded in above '• 5250,000 Each Included Claim. Aggregate included in above •• 5250,000 Each Included Clain. Aggregate included in above FMIT GL DEC 1012 Page 1 of 3 Insuring Agreement LD d Information Security & Privacy Liability Retroactive Date 10/01/2012 Insuring Agreement I.E. e Information Security & Privacy Liability Retroactive Date 10!012012 Insuring Agreement I.F. f Cyber Extortion Retroactive Date: 10/01/2012 Insuring Agreement I. G. g First Party Data Protection Retroactive Date 10/01/2012 Insuring Agreement I.H h First Party Network Business Interruolion Retroactive Date 10/01/2012 First Party Network Business Interruption Sublimits of Liability (1) Hourly sublimil (2) Forensic Expense sublimil (3) Dependant Business Interruption sublimil Budget $20,000,000 or less, the deductible is $10,000. Budget greater than $20.000,000 to $50,000 000, the deductible is $25,000 Budget greater than $50,000,000, the deductible is $50,000. Budget $20,000.000 or lessthe deductible is S25,000 Budget greater than $20 000,000, the deductible Is $50,000 Waiting period 8 hours Privacy notifications costs deductible is $10,000. V. This agreement includes these endorsements and schedules See Schedule A VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Incentive Net Premium Credit Premium $30,617 $(4,001) $26616 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT FMIT GL DEC 1012 Page 2 of 3 $250,000 Each Included Claim. Aggregate Included in above $250,000 Each Included Claim. Aggregate included in above $250,000 Each Included Claim, Aggregate included in above "' $250,000 Each Included Claim Aggregate included in above $250,000 Each Included Claim Aggregate included in above (1) $25,000 each claim included in above aggregate (2) $50,000 each claim included in above aggregate (3) $50.000 each claim Included in above aggregate Budget $20,000,000 or less, the deductible is $10,000. Budget greater than $20.000,000 to $50,000 000, the deductible is $25,000 Budget greater than $50,000,000, the deductible is $50,000. Budget $20,000.000 or lessthe deductible is S25,000 Budget greater than $20 000,000, the deductible Is $50,000 Waiting period 8 hours Privacy notifications costs deductible is $10,000. V. This agreement includes these endorsements and schedules See Schedule A VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Incentive Net Premium Credit Premium $30,617 $(4,001) $26616 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT FMIT GL DEC 1012 Page 2 of 3 I. DESIGNATED MEMBER: FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS Town of Gulf Stream Address: 100 Sea Road Gulf Stream, FL 33483 II. COVERAGE PERIOD From October 1, 2013 to October 1, 2014 12:01 A.M. Standard Time at the address of the Designated Member. III. AGREEMENTNUMBER Florida Municipal Insurance Trust(FMIT) FMIT#0228 IV. COVERAGES INCLUDED General Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Net Premium Constant Credit Premium $85,176 $200 $(10,453) $74,923 October 1, 2013 Signature of Authorized Representative Dale FLORIDA MUNICIPAL INSURANCE TRUST AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE DECLARATIONS I. DESIGNATED MEMBER: Town of Gulf Stream II. GOVERNMENT DESCRIPTION Municipality III. COVERAGE PERIOD Agreement No.: FMIT #0228 From 10/01/2013 to 10/01/2014 12.01 A.M. Standard Time at the address of the Designated Member Premium Deductible/ Net IV. AUTOMOBILE Basis Type Limit Premium 1. Automobile Liability Number of Vehicles 2. Uninsured Motorists Protection 3. Personal Injury Protection 4. Automobile Medical Payments 5. Automobile Physical Damage Per Schedule $0 $5,000,000 $3,011 6 N/A N/A $10,000 Included N/A N/A Per Schedule Per Schedule N/A $1,274 V. This Agreement includes these endorsements and schedules: See Schedule B VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Premium $4,285 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT AUTO DEC 1013 Page 1 of 2 FMIT AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE COVERAGES October 1, 2013 - October 1, 2014 Scheduled Coverage Forms List Town of Gulf Stream, FMIT#0228 Schedule B Form # Description FMITAUTO SCH 1002 Automobile Schedule FMITTRAG 1013 WIT CA 1013 WIT AL 1013 WIT PIP 1013 FMITAPD 1009 WIT ARR 1009 WIT SEAL 1012 FMITAE 1008 Trust Agreement Coverage Agreement Automobile Liability Personal Injury Protection Automobile Physical Damage Coverage Form Rental Reimbursement Coverage Specific Excess Endorsement - Automobile Liability Employer - Provided Vehicles - Automobile Liability FMITAUTO DEC 1013 Page 2 of 2 Automobile Schedule Town of Gulf Stream, FMIT #0228 10/01/2013 - 10/01/2014 Veh # Eff Dale Exp Date City # Year Make Code Lob PIP Med Pay 0 101112013 1011/2014 0 10/1/2013 1011/2014 1 1011/2013 1011/2014 2 10/1/2013 10/1/2014 3 101112013 101112014 4 10/1/2013 1011/2014 5 101112013 101112014 6 10/1/2013 1011/2014 6619 $65 6601 $65 2006 FOR 01499 $536 51 690 2010 FOR 7911 $454 $1 2011 FORD 7911 $454 $1 2011 FORD 7911 $454 $1 2011 FORD 7911 $454 $1 2011 FORD 7911 $454 $1 Description Me Cost New UM Comp Ded SP Ded Call Ded Phy Dmg Total Prem HIRED AUTOS $0 $0 $0 50 n,!a n/a We $0 $65 NON OWNED AUTOS $0 $0 $0 $0 We n/a No $0 $65 D F-250 TRUCK 9427 $18,883 0 $0 $0 $100 n/a $250 $117 $663 D CROWNVICTORIA 0791 $21,920 3 $0 $0 $100 n/a $250 $221 $668 CROWN VICTORIA 8995 $27,440 3 $0 $0 $100 n/a $250 $247 $714 CROWNVICTORIA 3993 $27,440 3 $0 $0 $100 n/a $250 $247 $714 CROWN VICTORIA 4113 $16,372 3 $0 $0 $100 n/a $250 $221 $688 CROWNVICTORIA 4089 $17,872 3 $0 $0 $100 We $250 $221 $668 Total Normal Premiums $2,936 $75 $0 $0 $1,274 $4,285 Normal Premium Net Premium Page 1 of 1 54,285 $4,285 FLORIDA MUNICIPAL INSURANCE TRUST TRUST AGREEMENT THIS AGREEMENT, made and entered into this 1st day of October, 1992, by and between the Florida Municipal Insurance Trust (Trust) and all parties who are now or may hereafter become members of the Florida Municipal Insurance Trust (member), acting by and through a Board of Trustees of their own selection. These members of the Florida Municipal Insurance Trust, all local government entities, have organized and formed a trust, and have agreed to pool their liabilities pursuant to Florida law. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and obligations herein contained, which are given to and accepted by each member hereof to the other, the parties to this instrument covenant, stipulate and agree as follows: RESPONSIBILITIES OF MEMBER As a pre -requisite for participation in the Trust, each member of the Trust agrees to abide by the following terms, conditions and obligations: GENERAL CONDITIONS A. The member agrees the Board of Trustees, the governing body of the Trust, comprised entirely of local elected officials, will set up, operate and enforce its own administrative rules, regulations and by-laws as between the individual members of the Trust and shall otherwise direct the affairs of the Trust; B. The member and the Trust agree all members of the Trust hereby agree that the Board may admit as members of this Trust only acceptable employers in the state of Florida who have common governmental interest. The Board or its designee shall be sole judge of whether or not an applicant shall be admitted to membership; C. The member agrees to maintain a reasonable loss prevention program in order to provide the maximum in safety and lawful practices as such may relate to the potential liability assumed by the Trust under this Agreement or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement; D. The member agrees to provide immediate notification of such occurrence to the Trust in the event of an occurrence likely to give rise to a claim within the scope of this Agreement, or any other agreement, certificate, document or other instrument executed by the Trust and the member pursuant to this Agreement; E. The member agrees to promptly make all contributions for coverages arising under this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement at the time and in the manner directed by the Board of Trustees. Said contributions may be reduced by any discount, participation credit, or other contribution reduction program established by the Board of Trustees; The member agrees in the event of payment of any loss by the Trust on behalf of the member, the Trust shall be subrogated to the extent of such payment to all FMITTRAG 1013 Page 1 of the rights of the member against any party or other entity legally responsible for damages resulting from said loss, and in such event, the member hereby agrees, on behalf of itself, its officers, employees, and agents to execute and deliver such instruments and papers as is required, to secure such right to the Trust, and to cooperate with and otherwise assist the Trust as may be necessary to effect any recovery sought by the Trust pursuant to such subrogated rights, to do whatever else is reasonably necessary to secure such right to the Trust, and to do nothing that will impair the rights of the Trust herein described. G. The member agrees the Board of Trustees, its Administrator, and any of their other agents, servants, employees or attorneys, shall be permitted at all reasonable times and upon reasonable notice to inspect the property, work places, plants, works, machinery and appliances covered pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, and shall be permitted at all reasonable times while the member participates in the Trust, to examine the members' books, vouchers, contracts, documents and records of any and every kind which show or tend to show or verify any loss that may be paid or may have been paid by the Trust on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, or which show or verify the accuracy of any contribution which is paid or payable by the member pursuant to the terms of this Agreement, or any other agreement, certification, document or any other instrument executed by the Trust and the member pursuant to this Agreement; However, neither the Trust, it's Board of Trustees, its Administrator, nor any of their agents, servants, employees or attorneys of either will have any liability to the member or others because of any inspection or failure to inspect. H. The members hereby delegate to the Board of Trustees the responsibility to contract for handling the administrative and servicing functions of the Trust. The Board may pay a reasonable fee for such, which shall be negotiated from time to time by the Board of Trustees. These fees shall be in consideration of all services and expenses contracted for with the Trust, which services or expenses may include the collecting, disbursing, and accounting for monies collected, counseling with members as to the safety hazards, claims handling and investigations, and legal services, actuarial services and accounting services and for the purpose of providing for excess insurance coverage. Books and records of all contractors employed by the Trust are to be open to inspection by the Board of Trustees or their agents at all reasonable times and as otherwise required by law; The member and the Trust agree the administrator, to be appointed by the Board, shall deposit to the account of the Trust, at any bank or banks designated by the Board, all contributions or other monies, as and when collected and said monies shall be disbursed only as provided by (1) the Trust's Agreement and Declaration of Trust, (2) the rules, regulations and by-laws of the Board, and (3) the Agreement between the Board and the administrator; J. The member and the Trust agree that the Trust is to defend in the name of and on behalf of the member any claims, suits or other legal proceedings which may at any time be instituted against the member on account of any liability for monetary damages, to the extent such defense and liability has been assumed FMIT TRAG 1013 Page 2 of 7 by the Trust pursuant to an obligation to defend that arises under this Agreement or any other agreement, certificate, documents, or other instrument executed by the Trust and the member pursuant to this Agreement, subject to any and all of the definitions, terms, conditions and exclusions contained in said agreements, certificates, documents or other instruments. Further, the member agrees: 1. For any occurrence resulting in a claim or suit for damages under this Agreement, the Trust, in its sole discretion, may investigate; settle; coordinate the defense of claims or counts within suits which may not be expressly covered by this Agreement but which provide strategic benefits through coordinated litigation; and/or use of any other reasonable means permitted by applicable rules of state law and attorney professional conduct, without the prior consent or approval of the member. 2. The Trust shall have no obligation to retain more than one attorney to defend all members involved in any single occurrence resulting in a claim or suit for damages covered by this Agreement. 3. The Trust shall remain in control of the defense for any occurrence resulting in a claim or suit for damages for which the Trust is obligated to provide a defense or elects to provide a defense to the member, whether covered or not covered by this Agreement, notwithstanding any of the following: a. There is more than one defendant against whom a claim or suit is brought; b. There is any real or perceived conflict between or among the trust, any member or any defendant(s) involved in any claim or suit; c. The Trust has reserved its right to deny or limit its coverage in any claim or suit; d. The Trust or the member initiates any claim or suit against any other Trust member. 4. In the event any court of competent jurisdiction orders the Trust to provide attorney representation beyond the attorneys the Trust selects and retains, the member shall be entitled to the fees and charges for such attorney representation only to the extent of usual and customary legal fees and charges paid by the Trust for reasonably similar representation. K. The member agrees the liability of the Trust is specifically limited to the discharge of the liability of its members assumed pursuant to this Agreement or any other agreement, certificate, document, or any other instrument executed by the member and the Trust pursuant to this Agreement; L. The member agrees the coverage of the Trust does not apply to punitive or exemplary damages; M. The Trust shall operate on a fiscal year from October 1" to September 30"' of the succeeding year. Application for continuing membership, when approved in FMIT TRAG 1013 Page 3 of 7 writing by the Board or their designee, shall constitute a continuing contract for each succeeding fiscal period unless cancelled by the Board or unless the member shall have resigned or withdrawn from said Trust by written notice; N. Unless the Trust and the member otherwise expressly agree in writing, the member agrees coverage by the Trust for a member under the terms of this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, shall expire automatically at 12:01 am on the first day of October of each calendar year; O. Except as otherwise provided herein, the member and the Trust agree such member's coverage may be canceled by the Trust or the member at any time upon no less than forty-five (45) days prior written notice by the Board of Trustees or the Administrator to the member and to the Division of Workers' Compensation, if applicable, or by the member to the Trust, stating the date such cancellation shall be effective; however, cancellation by the member after the initial effective date of coverage (October 1), may be other than pro -rata; or the Trust may cancel for non-payment of premium by issuing written notice of cancellation to the member 10 days before the effective date of cancellation; The notice will be mailed or delivered to the member's last known address. If notice is mailed, proof of mailing will be sufficient evidence of notice as of the date of the postmark. P. The member agrees excess monies remaining after the payment of claims and claim expenses, and after provision has been made for the payment of open claims and outstanding reserves, may be distributed by the Board of Trustees to the members participating in the Trust in such manner as the Trustees shall deem to be equitable; Q. The member agrees there will be no disbursements out of the reserve fund established by the Trust by way of dividends or distributions of accumulated reserves to members until provision has been made for all obligations against the Trust and except at the discretion of the Board of Trustees; R. The member agrees to permit qualified service providers, including attorneys selected by the Trust, to defend, investigate, settle, and otherwise process and dispose of all claims, suits, allegations or demands that may result in liability assumed by the Trust on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust or the member pursuant to this Agreement, notwithstanding the following rights which the Trust agrees the member shall retain: The member may, in its discretion and solely at its own expense, retain counsel other than the attorney(s) provided by the Trust to represent the member against any claim, suit, allegations or demands. The Trust shall have no obligation to cover the cost of such retained counsel or any related expenses. However, the member agrees that, even to the extent it may use counsel other than the attorney(s) appointed by the Trust and notwithstanding the provisions of General Condition J., the Trust shall retain the right to maintain control of the defense of any claim or suit as provided elsewhere in this Agreement. 2. If the member's limit of liability is exhausted and the Trust or its agent FMIT TRAG 1013 Page 4 of 7 has not notified the member of such exhaustion at least thirty (30) days prior, then the Trust shall continue providing the defense previously undertaken by the attorney(s) appointed by the Trust for a reasonable period of time, not to exceed thirty (30) days following exhaustion of the member's limit of liability, during which time the member shall acquire control of the claims, suits, allegations or demands remaining at issue. However, the member shall reimburse the Trust for any related expenses incurred during the transfer of the matter from the Trust -appointed attorney(s) to the attorney(s) chosen by the member following exhaustion of the member's limit of liability. S. The member shall make prompt payment of all contributions as required by the Board of Trustees, said contributions to be determined by said Board. The member shall fully cooperate with auditors of the Trust to promptly determine final audited contributions. Any disputes concerning contributions shall be resolved after payment. Any objections concerning the final audited contribution shall be filed within 60 days of billing of the final audited contributions. After that time, the audit shall be considered to be final; T. The member agrees to pay reasonable penalties as determined by the Board of Trustees for late payment of contributions required under this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement; U. The member, through the Board of Trustees, does hereby appoint the Administrator of the Trust as its agent and attorney-in-fact, to act in its behalf and to execute all necessary contracts, reports, waivers, agreements, excess insurance contracts, service contracts, and other documents reasonably necessary to accomplish the purposes and to fulfill the responsibilities of the Trust; to make or arrange for the payment of claims, claim expenses, medical expenses, and all other matters required or necessary insofar as they affect the member's liability under federal or Florida law and insofar as such matters are covered pursuant to the terms of this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, and by the rules and regulations now or hereafter promulgated by the Board of Trustees; V. The Trust shall determine all questions of the scope of liability coverage, eligibility methods of providing or arranging for benefits, and all other related matters. It shall have full power to construe the provisions of this Agreement and the other program documents in the terms used here and therein. Any such determination and any such construction adopted by the Trust in good faith shall be binding upon all parties hereto and the members, provided such determination or such construction is consistent with the laws of the State. The member agrees to abide by all the terms and conditions of this Agreement, the Participation Agreement, the Trust's By-laws, the rules and regulations, and any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to the Agreement; W. The member and the Trust agree the Trust will maintain an excess coverage program and reserve evaluation to protect the financial stability of the Trust in an amount and manner determined by a qualified and independent actuary; FMITTRAG 1013 Page 5 of 7 X The member and the Trust agree the Trust will submit to the appropriate governmental agency annually an audited fiscal year-end financial statement prepared by an independent certified public accountant; Y. The member and the Trust agree that any member who formally applies for membership in this Trust and is accepted by the Board of Trustees shall thereupon become a party to the Trust's Agreement and Declaration of Trust and be bound by all of the terms and conditions contained therein, and said application shall constitute a counterpart of said Agreement and Declaration of Trust; and Z. Members duties after loss: 1. give the Trust prompt written notice of any accident, occurrence or potential claim along with all relevant information concerning the claim. The member shall have a continuing duty to provide to the Trust all relevant information promptly as the member becomes aware of such information; and 2. cooperate fully with the Trust in defense or settlement of claims or opposition to claims bills, and in the enforcement of any right of contribution or indemnity; and 3. forward to the Trust every notice, demand, summons or other process served upon the member relating to any occurrence, and take no further action concerning the occurrence without the approval of the Trust or the servicing agent; and 4. take reasonable steps to prevent additional or cumulative bodily injury, personal injury or property damage from or arising out of the same or similar conditions or circumstances; and 5. not engage in settlement negotiations as to any claim or suit, and the Trust shall have no obligation to pay the amount of any settlement negotiated or agreed upon by a member without prior written approval by the Trust or the servicing agent; and 6. agree to take all reasonable actions, where appropriate, which shall facilitate settlement of claims; and 7. agree to responsible counsel selected by the Trust to defend the claim and agree not to use the designated member's counsel in defense of said action unless otherwise provided in this Trust Agreement; and a. keep all bills, receipts and related documents that establish the amount of loss; and 9. furnish a complete inventory of the lost, damaged and destroyed property, showing in detail the quantity and amount of loss claimed under the valuation provision of the Coverage Agreement; and 10. promptly separate the damaged property from the undamaged property, and keep it in the best possible order for examination; and 11. take all reasonable steps to protect the covered property from further damage; and 12. give notice of such loss to the proper authorities if the loss may be due to a violation of the law; and 13. refrain from any intentional efforts (whether by statements, actions or agreements) that: (1) harm, undermine, injure or conflict with the known legal strategy put forth by the Trust; (2) that are against the member's self-interest or the interest of the Trust; (3) that are contrary to the member's pecuniary or proprietary interest, or that of the Trust; or (4) that tend to subject the member or the Trust to liability or expand existing FMIT TRAG 1013 Page 6 of 7 liability; AA. Transfer of member's rights and duties under this Agreement Your rights and duties under this Agreement may not be transferred without our written consent. This applies to all coverages under this Agreement or any that may be added after the effective date of this Agreement. Should your rights and duties be transferred to a legal representative, they may act only within their scope of duties with regard to this Agreement. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. BB. Required member contributions shall be in addition to the deductible amount, if any, as set forth in the declarations to the Coverage Agreement. Where such deductible amount is required, coverages arising under this Agreement shall be in excess of such deductible. The Trust may pay on behalf of the member all or any portion of the deductible amount and upon notification by the Trust of such payment, the member shall promptly reimburse the Trust for any portion of the deductible the Trust has paid. CC. In the event any claim or suit results in liability against the member for which there is coverage under this Agreement and which is reasonably likely to be submitted to, or is submitted to, the legislative claims bill process in the Florida Legislature, the member agrees, on behalf of itself, its officers, employees, and agents, that the Trust shall have the right to control its representation in such matter before the legislative branch of the state government. Further, the member agrees to execute and deliver such instruments and papers as required by the Trust, to cooperate with any attorney or other representative retained by the Trust, to provide relevant testimony if required by the Trust, to do whatever else is reasonably necessary in the interest of defending such claim or suit in the legislative claims bill process and to do nothing that will impair or conflict with the rights of the Trust herein described. Additionally, the member shall Refrain from any intentional efforts (whether by statements, actions or agreements) that harm, undermine, injure or conflict with the known legal or legislative defense strategy being put forth by the Trust, that are against the member's self-interest, that are contrary to the member's pecuniary or proprietary interest, or that of the Trust, or that tend to subject the member or the Trust to liability or expand existing liability. DD. The member agrees that in the event of any legal issue between the Trust and any member requiring disposition by a court of law, including any determinations of whether and/or the extent to which coverage exists, this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement, shall be deemed to have been made in Orange County, Florida and venue shall lie in the appropriate state or federal courts of Orange County, Florida. FMIT TRAG 1013 Page 7 of 7 FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE AGREEMENT APPLICABLE TO: GENERAL LIABILITY, AUTOMOBILE, PROPERTY AND ALLIED LINES In consideration of the member's payment of the required contributions and the covenants and terms set forth in (a) the TRUST MEMBER AGREEMENT, the statements and representations contained in (b) the member's APPLICATION FOR COVERAGE, (c) the DECLARATIONS and the terms, conditions, limits of liability, exclusions and other provisions of (d) the COVERAGE AGREEMENT including any endorsements thereto, (a, b, c, and d shall hereinafter collectively form and be referred to as the "Agreement°), the Florida Municipal Insurance Trust (hereinafter the "Trust") hereby enters this Agreement with the member as follows: COVERAGE The Trust will pay all sums which a member becomes legally obligated to pay as damages because of: Bodily Injury Property Damage Personal Injury, or Advertising Injury to which this Agreement and any endorsements thereto apply caused by an occurrence which takes place during the coverage period of this Agreement. As a pre -requisite to any coverage provided by the Trust under this Agreement, the member expressly agrees to each of the General Conditions contained in the member Trust Agreement, along with the provisions of the Agreement and Declaration of Trust creating the Trust and any rules, policies and procedures adopted by the Trust, which shall be deemed a part of this Agreement, whether expressly restated herein or not. LIMITS OF LIABILITY Regardless of the number of (1) members under this Agreement, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of bodily injury, property damage or personal injury, the liability of the Trust is limited as follows: The total liability of the Trust applicable to "each person" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post -judgment interest, sustained by one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. The total liability of the Trust applicable to "each occurrence" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post -judgment interest, sustained by more than one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. FMIT CA 1013 Page 1 of 18 For the purpose of determining the limit of the Trust's liability, all damages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. DEFENSE AND SETTLEMENT In addition to the limits of liability the Trust will settle or defend at its own expense, as It considers appropriate, any claim or suit demanding money damages covered by this Agreement. The Trust will defend any suit against a member which alleges a claim for money damages covered by this Agreement even if such suit is eventually found groundless, false or fraudulent However, the Trust has no duty to defend a member in any action which on its face alleges facts excluded or not covered by this Agreement In the event a suit or other action contains allegations which allege damages which the Trust has a duty to defend and other allegations which allege damages or other relief that the Trust does not have a duty to defend, the Trust will defend all allegations subject to the terms, conditions, limits of liability and exclusions of the Agreement; however, undertaking such defense shall not obligate the Trust to pay any judgments, settlements or awards which a member becomes legally obligated to pay for allegations to which coverage does not apply. The Trust's duty to defend ends when applicable Limits of Liability have been exhausted. As a condition of coverage under this Agreement, the member agrees that settlement of any claim or suit may involve the payment of proceeds and/or the taking or forbearing to take certain actions by the member. Accordingly, the following requirements shall apply to all settlement efforts by the Trust and any party acting as the Trust's appointed representative or agent: For any occurrence resulting in a claim or suit for damages, if the Trust gives written notice of its recommendation for settlement, including the payment of proceeds to settle a claim or suit and/or the taking or forbearing to take certain actions by the member, and the member does not affirmatively accept such recommendation within a reasonably requested time period contained in the notice, not to exceed thirty (30) days following receipt of such notice, the Trust's sole coverage obligation to the member shall then not exceed the lesser or: a. The sum for which the claim or suit could have been settled at the time set forth in the notice of the Trust's recommendation for settlement; and b. The costs and expenses incurred by the Trust in relation to the claim or suit, through the date on which the member was required to provide Its affirmative acceptance of the recommendation for settlement; or c. If less than the sum or a. and b. above, the unused portion of the stated limit of liability contained within the declarations, less any self-insured retention or deductible amounts owed by the member. 2. In its application of the foregoing provision, the Trust shall have no obligation to obtain prior notice or authorization of the member or its legal counsel to make any proposed settlement, actual settlement or partial settlement of any claim or suit covered under this Agreement. FMIT CA 1013 Page 2 of 18 DEFINITIONS The following definitions apply throughout this Agreement unless modified or excluded A. Advertising Injury, means injury arising out of an offense committed during the Agreement period occurring in the course of the designated member's advertising activities; if such injury arises out of libel, slander, defamation, violation of right of privacy, oral or written publication of material, misappropriation of advertising ideas or style of doing business or infringement of copyright, title, or slogan. B. Agreement Territory, means the United States of America, its territories and possessions, Puerto Rico and Canada. C. Automobile, means a land motorvehicle, trailer or semi -trailer designed fortravel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment. D. Blanket Coverage, means in the event of a claim, the Member's covered property coverage limit shall include the aggregate sum of agreed property values that were specified in the Member's Statement of Values and upon which the member's coverage and premiums were underwritten for the relevant coverage period. A blanket limit shall only apply when the designation "Blanket" is noted within the Member's Property, Allied Lines and Crime Declarations page and shall only apply to property described at a Scheduled Location. E. Bodily Injury, means disability, disfigurement, sickness or disease or death resulting from an occurrence and sustained by any person, and any loss, injury or damages sustained by any person because of bodily injury, which occurs during the period of this Agreement, and assault of and battery committed for the purpose of protection of persons or property. F. Communicable Disease includes but is not limited to Acquired Immune Deficiency Syndrome (AIDS), and any other sexually transmitted disease. G. Contractual Liability, means liability expressly assumed under a written contract or agreement; provided, however, that contractual liability shall not be construed as including liability under a warranty of the fitness or quality of the designated member's products or a warranty that work performed by or on behalf of the designated member will be done in a workmanlike manner; and provided, however, that contractual liability shall not be construed as including liability under any hold harmless agreement or agreement to indemnify any non-public or private person, corporation, or entity under any contract or agreement. H. Designated Member, means the entity, organization or constitutional officer named in Item I. or V. of the Declarations of this Agreement; designated member does not include employees or agents of that entity or organization. I. Designated Members Products, means goods or products manufactured, sold, handled, or distributed by the designated member or by others trading under his name, including any container thereof (other than a vehicle), but "designated members products" shall not include a vending machine or any other property, rented to or located for use of others but not sold. J. Elevator, means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof; but does not include an automobile servicing hoist, a material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter. FMIT CA 1013 Page 3 of 18 K. Employee Benefits Program, means any pension and profit sharing plan; individual retirement account (IRA) plan; salary reduction plan under Internal Revenue Code 401 (k) or Amendments; employee stock subscription plan, savings plan; group plan for life, health, dental, disability, automobile, home owners, or legal services insurance; social security system benefits; workers' compensation and unemployment insurance; travel and vacation plans; or educational tuition reimbursement plans created, administered or endorsed by a member. L. Employment Practices includes, but is not limited to any actual or alleged: 1. discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); 2. employment-related misrepresentation(s) to an employee or applicant for employment with the Public Entity; 3. failure to grant tenure; 4. failure to provide or enforce adequate or consistent policies and procedure relating to any Employment Practices Violation; 5. harassment (including sexual harassment whether "quid pro quo", hostile work environment or otherwise); 6. retaliation (including lockouts) or alleged employment decisions involving violation of any state, or local whistleblower protection law; 7. violation of an individual's civil rights relating to any of the above but only if the Employment Practices Violation relates to an employee or applicant for employment with the Public Entity whether direct, indirect, intentional or unintentional; 8. wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; 9. wrongful discipline; 10. wrongful dismissal, discharge or termination (either actual or constructive of employment, including breach of an implied contract; 11. wrongful failure to employ or promote. 0. Errors and Omissions, means a claim for damages alleging liability for any error, misstatement, omission, neglect or breach of duty by members while lawfully acting in their official capacity or lawfully acting within the scope of their employment, whether acting individually or collectively, excluding any claim based on a failure to properly effect any insurance coverage agreement or secure adequate insurance coverage from any insuring entity including the Trust and excluding any claim related to matters arising before the State of Florida Commission on Ethics, or any local ethics commission created by charter or ordinance which has jurisdiction over the alleged misconduct N. Incidental Contract, means a written (a) lease of premises, (b) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, FMIT CA 1013 Page 4 of 18 (c) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (d) elevator maintenance agreement; but does not include any hold harmless agreement or agreement to indemnify any non-public or private person, corporation, or entity under any contract or agreement. O. Incidental Medical Malpractice Injury, means bodily injury arising out of the rendering of or failure to render medical services or treatment by a non-professional during the period of this Agreement, including the following services: medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or 2. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. P. Inverse Condemnation, means any affirmative regulatory action by a designated member resulting in the deprivation of substantially all economically beneficial or productive use of private property and the resulting cause of action by the affected property owner to recover any loss in monetary value resulting from the regulatory action. As defined, "inverse condemnation" does not include a physical taking of property by a designated member. Q. Loading or unloading, means the handling of property: 1. after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto;' 2. while it is in or on an aircraft, watercraft or "auto;" or 3. while it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but 'loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." R. Member, as used herein means: the designated member; 2. while acting within the scope of his employment, any officer (except constitutional officers), volunteer, servant, or employee of the designated member, including elected and appointed officials, and members of Boards or Commissions. However, the coverage so provided any officer, servant, or employee does not apply to bodily injury to another officer, servant or employee of the designated member injured in the course of and arising out of his employment. The coverage afforded applies separately to each member against whom claim is made or suit is brought, except with respect to the limits of liability of the Trust; and does not apply to bodily injury or property damage or personal injury liability arising out of the conduct of any partnership or joint venture of which a member is a partner or participant and which is not specified in this Agreement as a designated member. S. Mobile Equipment, means a land vehicle (including any machinery or apparatus attached thereto), whether or not self propelled, (a) not subject to motor vehicle registration, or (b) FMIT CA 1013 Page 5 of 18 maintained for use exclusively on premises owned by or rented to the designated member, including the ways immediately adjoining, or (c) designed for use principally off public roads, or (d) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers, graders, scrapers, rollers and other road construction or repair equipment; air compressors, pumps and generators, including spreading, welding and building cleaning equipment; and geophysical exploration and well servicing equipment. T. Mold, Spores and/or Fungus, means any mold, spores and/or fungus of any type of nature whatsoever that can cause or threaten harm to any living organism (including human health or human welfare, or the health or welfare of any animal or plant) or can cause or threaten physical damage, deterioration, loss of use, and/or loss of value or marketability, to any tangible property whatsoever. This includes, but is not limited to, any type(s) of mold, spores and/or fungus that are harmful or potentially harmful to health or welfare (such as Stachybotrys and others), or that are damaging or potentially damaging to tangible property (such as wet or dry rot, mildew and others) or that can otherwise ruse or threaten to cause bodily injury, property damage, personal injury or advertising injury or any kind whatsoever. U. Occurrence, means an event or accident, including continuous or repeated exposure to conditions which result in bodily injury, property damage, personal injury or advertising injury and not arising from any form of intentional misconduct. V. Personal Injury, means injury sustained by any person or organization arising out of one or more of the following offenses committed during the term of this Agreement. However, this coverage does not apply to law enforcement operations. false arrest, detention, imprisonment; 2. wrongful entry or eviction, or other invasion of the right of private occupancy; 3. publication or utterance: a. of a libel or slander or other defamatory or disparaging material; b. in violation of an individual's right or privacy; or except that publications or utterances in the course of or related to broadcasting, publishing, or telecasting activities conducted by or on behalf of the designated member shall not be deemed personal injury; W. Pollutants, mean any solid, liquid, biological, gaseous or thermal irritant or contaminate, including smoke, dust, vapor, soot, fumes, acids, alkalis, chemicals and electromagnetic radiation, liquids, gases, other irritants or contaminants and waste. Waste includes materials to be recycled, reconditioned or reclaimed. X. Products -Completed Operations Hazard: includes all "bodily injury' and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work' except: a. products that are still in your physical possession; or FMIT CA 1013 Page 6 of 18 b. work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (1) when all of the work called for in your contract has been completed. (2) when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (3) when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub -contractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 2. Does not include "bodily injury" or "property damage" arising out of: a. The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; b. The existence of tools, uninstalled equipment or abandoned or unused materials; or C. Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products -completed operations are subject to the General Aggregate Limit. Y. Property Damage, means (a) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting there from, or (b) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the period of this Agreement. Z. Scheduled Location, means a physical location identified within the Member's Property Schedule at which the Trust and member agreed covered property may exist and more specifically, includes only the building(s), business personal property and/or non -building property (fixtures) specifically described and excludes any additional property at the physical location. AA. Sexual Action includes, but is not limited to, any verbal or non-verbal communication, behavior or conduct with sexual connotations or purposes, whether for sexual gratification, intimidation, coercion or other purpose, and regardless of whether such action is alleged to be intentional or negligent. BB. Sexual Abuse shall include, but is not limited to, the negligent or intentional infliction of physical, emotional or psychological injury or harm on any person or persons in the care, custody or control of any member and also includes one or more of the following acts: any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen. 2. any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person. FMIT CA 1013 Page 7 of 18 3. any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose. 4. the intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the individual or the perpetrator, except that this does not include: a. any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for an individual; or b. any act intended for a valid medical purpose. 5. the intentional masturbation of the perpetrator's genitals. 6. the intentional exposure of the perpetrator's genitals in the presence of an individual, or any other sexual act intentionally perpetrated in the presence of an individual, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose. 7. the sexual exploitation of an individual, which includes allowing, encouraging, or forcing an individual to: a. solicitation for or engage in prostitution; or b. any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience. CC. Suit, means a civil proceeding in which damages because of "bodily injury," "property damage", "personal injury or advertising injury" to which this coverage applies are alleged. "Suit" includes: 1. an arbitration proceeding in which such damages are claimed and to which the member must submit or does submit without consent; or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which the member submits with our consent. DD. Your Product 1. means: a. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) you; (2) others trading underyour name; or (3) a person or organization whose business or assets you have acquired; and b. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. FMIT CA 1013 Page 8 of 18 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product;° and b. the providing of or failure to provide warnings or instructions. 3. does not include vending machines or other property rented to or located for the use of others but not sold. EE. Your Work: means work or operations performed by you or on your behalf; and b. materials, parts or equipment furnished in connection with such work or operations. 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work," and b. the providing of or failure to provide warnings or instructions. EXCLUSIONS This Coverage Agreement does not apply: A. to liability assumed by a member under an expressed or implied contract or agreement except an incidental contract as defined herein or inter -local agreements with other governmental entities; B. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any automobile operated by or rented or loaned to any member; 2. any other automobile operated by any person in the course of his employment by any member; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the member or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to any member; 3. any vehicle while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; C. to bodily injury or property damage arising out of: 1. the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity; 2. the operation or use of any trailer designed for use therewith; or 3. the ownership, maintenance, operation, or use of a water theme park; 4. Inflatable Amusement Devices. FMIT CA 1013 Page 9 of 18 D. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any watercraft used in law enforcement over fifty two (52) feet in length or thirty five (35) feet in length for all other watercraft; 2. any passenger while in or upon, entering or alighting from any watercraft, however, this exclusion does not apply to a watercraft you do not own that is not being used to carry persons or property for a charge; or 3. barge or lighter rented by the member to others with respect to which the member does not furnish employees to operate and does not have any operating control; 4. any watercraft while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; 5. any watercraft or structure being used as an artificial reef or similar purpose; 6. any marina operation owned, leased or operated by the member. E. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any aircraft owned or operated by or rented or loaned to any member; 2. any other aircraft operated by any person in the course of his employment by any member; but this exclusion does not apply to aircraft while parked on premises owned by, rented to or controlled by the member; F. to any liability arising out of or caused or contributed to by any maintenance, operation, use or control of or responsibility for any airfield, airport, runway, hangar, building or other property or facility designed for, used, connected, associated or affiliated with or in any way related to aviation or aviation activities or operations; provided that liability for services performed or premises located at or on any airfield, airport or aviation facility not directly related to aviation activities or operations, and not covered by any other liability insurance, shall not be excluded from coverage by this exclusion; G. any claim for bodily injury, property damage (including the loss of use thereof), personal injury or advertising injury caused by, contributed to or arising out of the actual or threatened discharge, dispersal, disposal, leaching, migration, seepage, release, or escape of pollutants and/or contaminates into or upon the land, the atmosphere or any course or body of water, whether above or below ground. However, this exclusion does not apply to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which bums outside the area intended to be or which becomes uncontrollable. H. any damages arising out of the ingestion, inhalation or absorption of lead in any form. Any loss, cost or expense arising out of any: 1. request, demand or order that any "member" or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of lead; or 2. claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead. I. any damages from the process of continued surface and/or subsurface degradation and deterioration of lead based paint that has been applied to any surface of any building whether considered commercial or residential. J. to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion and revolution, or to any act or condition incident to any of the foregoing; FMIT CA 1013 Page 10 of 18 K. to any obligation for which any member or any carrier as his insurer may be held liable under any social security, workers compensation, employers liability, unemployment compensation or disability benefits law, or under any similar law including any claims under the Americans with Disabilities Act; L. to bodily injury to any employee of the designated member arising out of and in the course of his or her employment by the designated member or to any obligation of a member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the designated member under an incidental contract. This exclusion shall include any liability incurred by a member as a result of an alleged wrongful employment practice; M. to property damage to property owned or occupied by, leased, or rented to a member; N. to property damage to premises alienated by the member arising out of such premises or any part thereof; O. to loss of use of tangible property which has not been physically injured or destroyed resulting from a delay in lack of performance by or on behalf of the member of any contract or agreement; P. to property damage to the member's products arising out of such products or any part of such products; to property damage to work performed by or on behalf of the member arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; and to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the member's products or work completed by or for the member or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; Q. to any liability from the member's completed operations arising out of: 1. loss of sales, customers or profits suffered by a person or entity affected by the actions of the member or its agents including any damages sustained by such person or entities by virtue of a business interruption; or 2. loss resulting from theft of any property which at the time of loss is not an integral part of a building or structure including direct loss by pillage and looting occurring during and at the immediate place of a riot or civil commotion; R. to any liability arising in whole, or in part out of: 1. any act or omission of a member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property; 2. any member obtaining remuneration or financial gain to which the member was not legally entitled; 3. the willful violation of any federal, state or local law, ordinance or regulation committed by or with the knowledge or consent of any member; or 4. violation of public trust; S. to any liability arising out of or in any way connected with the operation of the principals of eminent domain, condemnation proceedings, inverse condemnation or takings law, by whatever name called, whether permanent or temporary, including but not limited to, claims arising out of federal, state or local land use, environmental, air, ground or water pollution, or health, safety and welfare laws, ordinances or regulations, or claims arising from activities by or on behalf of a designated member which result in permanent or temporary FMIT CA 1013 Page 11 of 18 loss of use or value of property, whether such liability accrues directly against the member, or by virtue of any agreement entered into by or on behalf of the member, however, this exclusion does not apply to bodily injury, property damage or personal injury resulting from a claim against the designated member for inverse condemnation or claims arising from Ch. 95-181, known as the Bert Harris Act, Laws of Florida, as may be amended from time to time; the limit of liability for inverse condemnation claims or claims arising from Ch. 95-181, known as the Bert Harris Act, Laws of Florida, as may be amended from time to time, shall be the amount $300,000 aggregate per fund year, subject to a deductible of $5,000.00 per occurrence or the deductible/self insured retention described on the Declarations Page, whichever is greater. T. to any liability for injury, sickness, disease, death or destruction due to the rendering of or failure to render any professional service by any doctor, surgeon, dentist, nurse, physician's assistant, paramedic, emergency medical technician or other medical professional of a designated member; U. to any liability arising out of or in connection with or caused or contributed to by any failure or inability to supply, in whole or in part, any adequate quantity or quality of power, steam, pressure or fuel. Fuel includes, but is not limited to natural gas, heating oil and propane; V. to any liability arising out of or caused or contributed to by or connected with any actual or alleged violation of the Employee Retirement Income Security Act of 1974 (Public Law 93- 406) or any amendment thereto or any similar provision of any local, state or federal law, statutory or common; W. to any liability arising out of or caused or contributed to by any failure, breakage, inadequacy, maintenance of, design of and/or water overflow of any natural or man-made, including but not limited to: any dam, dyke, levee, reservoir, water barrier, ditches, canals, gates, aqueducts, sewers, water sheds, channels, culverts, or drains; X to any liability for fines, punitive or exemplary damages; or any non compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti- discrimination, or racketeer influence and corrupt organization (RICO) laws; Y. to any damages imposed by special act of the Legislature; Z. to any "bodily injury" or "property damage: with respect to which a "member" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "member" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. WIT CA 1013 Page 12 of 18 a. under any Medical Payments coverage, to expenses incurred with respect to "bodily injury' resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. b. under any Liability Coverage, to "bodily injury' or "property damage" resulting from "hazardous properties" of "nuclear material" if: (1) the "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, a "member" or (b) has been discharged or dispersed therefrom; (2) the "nuclear material° is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed or, by or on behalf of a "member"; or (3) the "bodily injury" or "property damage" arises out of the furnishing by a "member" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility' and any property thereat 2. as used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by- product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility'. "Nuclear facility"means: a.. any "nuclear reactor"; b. any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; C. any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "member" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium FMIT CA 1013 Page 13 of 18 or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or d. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of 'waste"; and includes the site on which any of the foregoing is located, all operations conducted onsuch site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. AA. to personal injury arising out of any publication or utterance described in sub -paragraph V 3 of the definition of Personal Injury contained in the Definition section of this Agreement (a) if the first injurious publication or utterance of the same or similar material by or on behalf of the designated member was made prior to the effective date of this coverage; (b) concerning any organization or business enterprise, or its products or services, made by or at the direction of any member with knowledge of the falsity thereof; BB. to any liability arising out of errors and omissions as defined herein; CC. to bodily injury or property damage for which the designated member or his indemnitee may be held liable; 1. as an entity or organization engaged in manufacturing, distributing, selling or serving alcoholic beverages; or 2. if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed a. by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverages; or b. by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person. 3. causing or contributing to the intoxication of any person. This exclusion does not apply and coverage is afforded under the Agreement for bodily injury or property damage claims or liability resulting from the providing or serving of alcoholic beverages without charge to the public at functions incidental to a designated member's business or activity otherwise covered under the Agreement or any endorsement to the Agreement; DD. to any claim, demand or action seeking injunctive, declaratory, writ of mandamus, or any other non -monetary relief against a designated member or any of its agents; EE. to any liability arising out of any actual or alleged sexual action, sexual abuse, communicable disease or employment related claim. However, this exclusion does not apply and coverage is afforded under this Agreement to bodily injury or personal injury liability which may accrue against the "Designated Member" as defined within the "Definition" section; FMIT CA 1013 Page 14 of 18 FF. to any liability for injury, loss or damage sustained by any person or entities arising from or in anyway involving asbestos or other products containing asbestos or to asbestosis or any other disease including mesothelioma and cancer related to asbestos exposure nor any liability for costs or expenses incurred in removing, cleaning up or nullifying such asbestos product; It is understood and agreed that the intent and effect of this exclusion is to delete from all coverages afforded by this Agreement any loss, cost, or expense arising out of any governmental direction, order or request that the member test for, monitor, cleanup, remove, contain, treat, detoxify or neutralize asbestos or asbestos products. GG. to any liability arising out of errors and omissions as defined herein or other negligent or wrongful act committed in the administration of any employee benefits program as defined herein, for present or former employees of the designated member; HH. to any liability arising out of or caused by or contributed to or connected with alleged violation of the following: 1. Federal "Fair Labor Standards Act". 2. Chapter 447, Florida Statutes. 3. Drivers Privacy Protection Act of 1994 4. National Labor Relations Act. 5. Worker Adjustment and Retraining Notification Act 6. Consolidated Omnibus Budget Reconciliation Act of 1985. 7. Occupational Safety and Health Act. ll. any claim requesting return or reimbursement of a special assessment, tax, service charge, fine or fee or any other payment or overpayment to the designated member or member; JJ. to any claim for attorneys' fees or costs for any action not covered by this Agreement; KK. to any damages which accrued or occurred prior to the effective date of this Agreement notwithstanding the date of the occurrence; LL. advertising injury arising out of: 1. Failure of performance of contract, but this exclusion does not apply to the unauthorized appropriation of ideas upon alleged breach of implied contract, or 2. Infringement of trademark, service mark, or trade name, other than titles or slogans, by use thereof or in connection with goods, products or services sold, offered for sale, or advertised, or 3. Incorrect description or mistake in advertising price of goods, products or services sold, offered for sale or advertised. Also, with respect to advertising injury: 1. to any member in the business of advertising, broadcasting, or telecasting, or 2. to any injury arising out of any act committed by the member with actual malice. MM. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of: 1. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: a. any of the following, whether belonging to any insured or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) FMIT CA 1013 Page 15 of 18 Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or b. any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. 2. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. NN. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, for which any designated member or member under this Agreement may be held liable arising out of the actual or threatened occurrence, growth, release, transmission, migration, dispersal or exposure to any micro-organisms, biological organisms, bioaerosols or organic containments, including but not limited to mold, spores and/or fungus; 1. resulting from any actual or threatened exposure to, inhalation, absorption or ingestion of, or physical contact with mold, spores and/or fungus; 2. resulting from any actual or threatened mold, spores, and/or fungus upon any real property or personal property, product or work, premises, site or location, or any other tangible property, or any designated member or member or any other person(s) or organization(s), located anywhere in the world; 3. resulting from any loss, cost or expense for any testing, monitoring, clean-up, treatment or removal, or neutralization of mold, spores and/or fungus; 00. A. to °any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism" or an 'other act of terrorism". However, with respect to an 'other act of terrorism", this exclusion applies only when one or more of the following are attributed to such act: the total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 2. fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. physical injury that involves a substantial risk of death; or b. protracted and obvious physical disfigurement; or C. protracted loss of or impairment of the function of a bodily member or organ; or 3. the terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 4. the terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 5. pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. FMIT CA 1013 Page 16 of 18 With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident B. the following definitions are added: for the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury'," injury' or "environmental damage" as may be defined in any applicable Coverage Part 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a "certified act of terrorism": a. The act resulted in aggregate losses in excess of $5 million; and b. The act is a violent act or an act that is dangerous to human life, property or infra -structure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. "other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act of 2002, Multiple incidents of an "other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a "certified act of terrorism" or an "other act of terrorism" that is not subject to this exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part The Trust will pay for bodily injury or property damage caused directly by contact with herbicides or pesticides sprayed by the member into the air. This coverage extension does not apply to bodily injury or property damage as described in Exclusion G of the Florida Municipal Insurance Trust Coverage Agreement The limit of liability under this coverage extension is the amount of liability described in the General/Professional liability section of the Declaration Page or $1,000,000 aggregate per fund year, whichever is the lesser amount, subject to any deductible/self insured retention described on FMIT CA 1013 Page 17 of 18 the Declarations Page. OTHER INSURANCE The coverage afforded by this Agreement is primary, except when stated to apply in excess of or contingent upon the absence of other insurance. When this coverage is primary and the member has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Trust's liability under this Agreement shall not be reduced by the existence of such other insurance. If all other valid and collectible insurance provides for contribution by equal shares, the Trust shall not be liable for a greater proportion of such loss than would be payable if each party contributes an equal share until the share of each party equals the lowest applicable limit of liability under any one policy or coverage agreement or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining parties then continue to contribute equal shares of the remaining amount of the loss until each such party has paid its limit in full or the full amount of the loss is paid. If any such other insurance does not provide for contribution by equal shares, the Trust shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of all valid and collectible insurance against such loss. FMIT CA 1013 Page 18 of 18 AUTOMOBILE LIABILITY This coverage issued by the Trust extends and modifies the provision of the Agreement relating to Automobile Liability as set forth below: It is agreed that as of the effective date hereof the Agreement is amended in the following particulars: The Coverage Agreement is amended to include the following additional coverage In addition, the Trust will pay all sums which the Designated Member or any member named in a lawsuit become(s) legally obligated to pay as damages because of: A. Bodily Injury, or B. Property Damage to which this coverage applies, caused by an occurrence and arising out of the ownership, maintenance or use, including loading and unloading, of a covered automobile, including newly acquired automobiles, which takes place during the period of this Agreement. A member must be acting within course and scope of employment for the Designated Member at the time of the occurrence which gives rise to any claim or lawsuit brought against the Designated Member and/or member. II. The Member Definitions section R is amended to include the following additional persons for purposes of the coverage provided by this endorsement only: . A. Any other person while using an owned automobile or a hired automobile with the permission of the designated member, provided his actual operation or (if he is not operating) his other actual use thereof is within the scope of such permission, and he is acting as the lawful agent of the designated member; but with respect to bodily injury or property damage arising out of the loading or unloading thereof, such other person shall be a member only if he is: a lessee or borrower of the automobile, or 2. an employee of the designated member or of such lessee or borrower: B. Any other person or organization but only with respect to his or its liability because of acts or omissions of a member under the above. C. None of the following is a member: the owner or lessee (of whom the designated member is a sub -lessee) of a hired automobile or the owner of a non -owned automobile or any agent or employee of any such owner or lessee; 2. any person or organization, other than the designated member, with respect to: a) a motor vehicle while used with any trailer owned or hired by such person or organization, or FMITAL 1013 Page 1 of 4 b) a trailer while used with any motor vehicle owned or hired by such person or organization; 3. any person while employed in or otherwise engaged in duties in connection with an automobile business, other than an automobile business operated by the designated member. III. The Definitions section is amended to include the following additional definitions: A. Automobile Business, means the business or occupation of selling, repairing, servicing, storing, or parking automobiles; B. Hired Automobile, means an automobile not owned by the designated member which is used under contract on behalf of, or loaned to, the designated member, provided such automobile is not owned by or registered in the name of an employee or agent of the designated member who is granted an operating allowance of any sort for the use of such automobile; C. Non -owned Automobile, means an automobile which is neither an owned automobile nor a hired automobile; D. Occurrence, means an event or accident, including continuous or repeated exposure to conditions which result in bodily injury, property damage or personal injury and not arising from any form of intentional misconduct; E. Owned Automobile, means an automobile owned by the designated member; F. Private Passenger Automobile, means a four wheel private passenger or station wagon type automobile; G. Trailer, includes a semi -trailer but does not include mobile equipment. IV. The Conditions section is amended to include the following additional condition: A. Excess Coverage - Hired and Non -Owned Automobiles. With respect to a hired automobile, or a non -owned automobile, this coverage shall be excess over any other valid and collectible insurance available to the designated member. V. The Limits of Liability section is amended to include the following: The above provisions regarding the limits of the Trust's liability apply regardless of the number of: A. Owned automobiles; B. Automobiles involved in the occurrence, or, C. Automobiles to which this Agreement and all endorsements thereto apply. The limits of liability for Bodily Injury or Property Damage caused by an occurrence arising out of the maintenance or use, including loading and unloading of any automobile leased by the designated member for a period of one (1) year or longer which takes place during the period of this Agreement, shall be not less than $100,000/$300,000 bodily injury liability and $50,000 property damage liability. FMITAL 1013 Page 2 of The Trust's limits of liability shall not be added or stacked by virtue of there being more than one automobile or member to which this Agreement and all endorsements thereto might apply. VI. The Exclusions section is amended as follows: A. Exclusion B, items 1. and 2., are deleted. B. This Coverage Agreement does not apply to any liability and/or physical damage arising in whole, or in part out of 1. any act or omission of a member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property; 2. any member obtaining remuneration or financial gain to which the member was not legally entitled; 3. the willful violation of any federal, state or local law, ordinance or regulation committed by or with the knowledge or consent of any member; or 4. official misconduct by any member, 5. "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants:" a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "member"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto'; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "member" for movement into or onto the covered "auto; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and FMITAL 1013 Page 3 of 4 (2) The "bodily injury", 'property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraph R of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "member" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto'; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overtum or damage. VII Schedule of Covered Automobiles attached. FMITAL 1013 Page 4 of 4 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY PERSONAL INJURY PROTECTION BENEFITS This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to Automobile Liability Personal Injury Protection Benefits as set forth below: It is agreed that as of the effective date hereof the Agreement is amended in the following particulars: The Trust will pay, in accordance with the Florida Motor Vehicle No -Faun Law, as amended, to or for the benefit of the injured person: A. 60% of medical expenses, and B. 60% of work loss, and C. replacement services expenses, and D. funeral, burial or cremation expenses, incurred as a result of bodily injury, caused by an accident arising out of the ownership, maintenance or use of a motor vehicle and sustained by: 1. a member while occupying a motor vehicle or, while a pedestrian through being struck by a motor vehicle; or 2. any other person while occupying the covered motor vehicle or, while a pedestrian, through being struck by the covered motor vehicle. EXCLUSIONS This endorsement does not apply: A. to a member while occupying a motor vehicle of which the member is the owner and which is not a covered motor vehicle under this coverage; B. to any person while operating the covered motor vehicle without the express or implied consent of the member, C. to any person, if such person's conduct contributed to his bodily injury under any of the following circumstances: 1. causing bodily injury to himself intentionally; 2. while committing a felony; D. to the member for work loss if an entry in the schedule or declarations indicates such coverage does not apply; E. to any pedestrian, other than the member who is not a legal resident of the State of Florida; F. to any person, other than the member, if such person is the owner of a motor vehicle with respect to which security is required under the Florida Motor Vehicle No -Fault Law, as amended; G. to any person, other than the member who is entitled to personal injury protection benefits from the owner or owners of a motor vehicle which is not a covered motor vehicle under this endorsement or from the owner's insurer, H. to any person who sustains bodily injury while occupying a motor vehicle located for use as a residence or premises. III. LIMIT OF LIABILITY; APPLICATION OF DEDUCTIBLE; OTHER INSURANCE Regardless of the number of persons covered, policies or bonds applicable, vehicles involved or claims made, the total aggregate limit of personal injury protection benefits available under the Florida Motor Vehicle No -Fault Law, as amended, from all sources FMIT PIP 1013 Page 1 of 4 combined including this Agreement, for all loss and expense incurred by or on behalf of any one person who sustains bodily injury as the result of any one accident shall be up to $10,000.00 subject to limitations as provided under the Florida Motor Vehicle No -Fault Law. Payment for funeral, cremation or burial expenses is in addition to the foregoing and shall not exceed $5,000.00. Any amount payable under this endorsement shall be reduced by the amount of benefits an injured person has recovered or is entitled to recover for the same elements of loss under the workers' compensation laws of any state or the Federal Government or the Medicaid program. If benefits have been received under the Florida Motor Vehicle No -Fault Law, as amended, from any insurer for the same items of loss and expenses for which benefits are available under this agreement, the Trust shall not be liable to make duplicate payments to or for the benefit of the injured person, but the insurer paying such benefits shall be entitled to recover from the Trust its equitable pro rata share of the benefits paid and expenses incurred in processing the claim. The amount of any deductible stated in the schedule of this amendment shall be deducted from the total amount of all sums otherwise payable by the Trust with respect to all loss and expenses incurred by or on behalf of each person to whom the deductible applies and who sustains bodily injury as the result of any one accident, and if the total amount of such loss and expense exceeds such deductible, the total limit of benefits the Trust is obligated to pay shall then be the difference between such deductible amount and the applicable limit of the Trust's liability. Such deductible amount shall not be applied to funeral, cremation or burial expenses. If an entry in the schedule or declaration so indicates any amount payable under this Trust to the member shall be reduced by any benefits payable by the Federal Government to active or retired military personnel and their dependent relatives. IV. DEFINITIONS When used in reference to this Section: "bodily injury' means bodily injury, sickness, or disease, including death at any time resulting there from; "medical expense" means reasonable expenses for necessary medical, surgical, x-ray, dental, ambulance, hospital, professional nursing and rehabilitative services for prosthetic devices and for necessary remedial treatment and any other services recognized and permitted under Florida Motor Vehicle No -Fault Law. "motor vehicle" means any self-propelled vehicle with four or more wheels which is a type both designed and required to be licensed for use on the highways of Florida and any trailer or semi -trailer designed for use with such vehicle. A motor vehicle does not include: A. a mobile home; or B. any motor vehicle which is used in mass transit, other than public school transportation, and designed to transport more than five passengers exclusive of the operator of the motor vehicle and which is owned by a municipality, a transit or public school transportation authority, or a political subdivision of the state; C. except for the purposes of FS 627.733, any motor vehicle of any type used as a taxi cab or limousine. "occupying" means in or upon or entering into or alighting from; FMIT PIP 1013 Page 2 of 4 "covered motor vehicle" means a motor vehicle: A. of which the member is the owner, and B. with respect to which security is required to be maintained under the Florida Motor Vehicle No -Fault Law, and C. for which a premium is charged, or which is a trailer, other than a mobile home, designed for use with a motor vehicle. "pedestrian" means a person while not an occupant of any self-propelled vehicle; "owner' means a person or organization who holds the legal title to a motor vehicle, and also includes: A. a debtor having the right to possession, in the event a motor vehicle is the subject of a security agreement, and, B. a lessee having the right to possession, in the event a motor vehicle is the subject of a lease with option to purchase and such lease agreement is for a period of six months or more, and, C. a lessee having the right to possession, in the event a motor vehicle is the subject of a lease without option to purchase, and such lease agreement is for a period of six months or more, and the lease agreement provides that the lessee shall be responsible for securing insurance; 'Work loss" means with respect to the period of disability of the injured person, any loss of income and earning capacity from inability to work proximately caused by the injury sustained by the injured person; "replacement services expenses" means with respect to the period of disability of the injured person all expenses reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for such injury, the injured person would have performed without income for the benefit of his household. V. COVERAGE PERIOD; TERRITORY This coverage under this Section applies only to accidents which occur during the period of this Agreement A. in the State of Florida; B. as respects the member, while occupying the covered motor vehicle outside the State of Florida but within the United States of America, its territories or possessions or Canada; VI. CONDITIONS A. Notice. In the event of an accident, written notice of the loss must be given to the Trust or any of its authorized agents as soon as practicable. If any injured person or his legal representatives shall institute legal action to recover damages for bodily injury against a third party, a copy of the summons and complaint or other process served in connection with such legal action shall be forwarded as soon as practicable to the Trust by such injured person or his legal representative. B. Action Against the Trust. No action shall lie against the Trust unless, as a condition precedent thereto, there shall have been full compliance with all terms of this endorsement, not until 30 days after the required notice of accident and reasonable proof of claim has been filed with the Trust. C. Proof of Claim; Medical Reports and Examinations; Payments of Claim Withheld. As soon as practicable the person making the claim shall give to the FMIT PIP 1013 Page 3 of 4 Trust written proof of claim, under oath if required, which may include full particulars of the nature and extent of the injuries and treatment received and contemplated, and such other information as may assist the Trust in determining the amount due and payable. In addition, the person making the claim shall submit to an examination under oath if requested by the Trust. Such person shall submit to mental or physical examinations at the Trust's expense when and as often as the Trust may reasonably require. A copy of the medical report shall be forwarded to such person if requested. If the person unreasonably refuses to submit to an examination, the Trust will not be liable for subsequent personal injury protection benefits. Whenever a person making a claim is charged with committing a felony the Trust shall withhold benefits until at the trial level the prosecution makes a formal entry on the record that it will not prosecute the case against the person, the charge is dismissed or the person is acquitted. D. Reimbursement and Subrogation, unless prohibited by the Florida Motor Vehicle No -Fault Law, as amended, and in the event of payment to or for the benefits of any injured person under this endorsement; 1. the Trust shall be reimbursed to the extent of such payment, exclusive of reasonable attorney's fees and other reasonable expenses, out of the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of such person against any person or organization legally responsible for the bodily injury because of which such payment is made and the Trust shall have a lien on such proceeds to such extent; 2. the Trust is subrogated to the rights of the person to whom or for whose benefit such payments were made to the extent of such payments. Such person shall execute and deliver the instruments and papers and do whatever else is necessary to secure such rights. Such person shall do nothing after loss to prejudice such rights. 3. the Trust providing personal injury protection benefits on a private passenger motor vehicle, as defined in the Florida Motor Vehicle No -Fault Law, shall be entitled to reimbursement to the extent of the payment of personal injury protection benefits from the owner or insurer of the owner of a commercial motor vehicle, as defined in the Florida Motor Vehicle No - Fault Law, if such injured person sustained the injury while occupying, or while a pedestrian through being struck by, such commercial motor vehicle. E. Special Provision for Rented or Leased Vehicles. Notwithstanding any provision of this coverage to the contrary, if a person is injured while occupying, or through being struck by, a motor vehicle rented or leased under a rental or lease agreement which does not specify otherwise in bold type on the face of such agreement, the personal injury protection coverage afforded under the lessors policy shall be primary. FMIT PIP 1013 Page 4 of 4 AUTOMOBILE PHYSICAL DAMAGE COVERAGE FORM Various provisions in this Agreement restrict coverage. Read the entire Agreement carefully to determine rights, duties and what is and is not covered. Throughout the Agreement the words "you" and "your" refer to the member shown In the Declarations. The words "we, "us" and "our" refer to the Trust providing this insurance. A. COVERAGE The Trust will pay for direct physical loss or damage to a covered automobile as described in the Declarations caused by or resulting from any covered cause of loss. Covered Property Covered property, as used in this coverage part, means any "auto" described in the schedule which you own, hire, borrow, or lease, including newly acquired autos (refer to schedule). 2. Covered Causes of Loss a. Comprehensive Coverage From any cause except the covered automobile's collision with another object or its overturn. b. Collision Coverage Caused by the covered automobile's collision with another object or its overturn. C. Specified Causes of Loss Coverage. Caused by: 1. Fire, lightning or explosion; 2. Theft; 3. The sinking, burning, collision, or derailment of any conveyance transporting the covered "auto"; or 4. Mischief or vandalism. B. EXCLUSIONS The Trust will not pay for loss or damage caused directly or indirectly by any of the following: Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Wear and tear, freezing, mechanical or electrical breakdown unless caused by other loss covered by this endorsement. b. Blowouts, punctures or other road damage to tires unless caused by other loss covered by this endorsement. C. Loss to tape decks or other sound reproducing equipment not permanently installed in a covered auto. d. Loss to tapes, records or other sound reproducing devices designed for use with sound reproducing equipment. FMITAPD 1009 Page 1 of 4 C. DEDUCTIBLE The Trust will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the deductible shown in the schedule or in the Declarations. We will then pay the amount of loss or damage in excess of the deductible, up to the applicable Limit of Insurance. D. LOSS CONDITIONS The following conditions apply in addition to the common Agreement conditions. Duties in the event of loss or damage a. Promptly notify the Trust or the Service Agent of any accident or loss and report how, when and where the accident or loss happened. b. Do what is reasonably necessary after a loss to protect the covered automobile from further loss. C. Submit a proof of loss when required by the Trust. 2. Inspection and Appraisal a. Permit the Trust to inspect and appraise the damaged property BEFORE its repair or disposition. If there is a failure to agree as to the amount of loss, either party may further demand an appraisal of the loss. In such event, both parties may agree on one competent appraiser to make the final decision or each party may select his own appraiser and bear his own cost of appraisal, and a competent and disinterested umpire will be selected to make the final decision. Loss Payment a. At the Trust's option, it may: Pay for, repair, or replace damaged or stolen property; or 2. For theft, return the stolen property, at its expense. The Trust will pay for any damage that results to the automobile from the theft. b. The Trust will pay the lesser of the following amounts: The actual cash value of the damaged or stolen property at the time of loss. 2. The cost of repairing or replacing the damaged or stolen property with other of like kind or quality. C. For each covered automobile, the Trust's obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the auto schedule. d. Loss to any sound receiving or transmitting equipment designed for use as a two- way mobile radio or telephone or scanning monitor or radar transmitting or receiving device, including its antennas and other accessories, unless permanently installed in the automobile or scheduled elsewhere. FMITAPD 1009 Page 2 of 4 4. Otherinsurance a. For any covered automobile owned or leased, this Agreement is primary. b. When this Agreement and other policies covered on the same basis, either excess or primary, the Trust will pay only its share. Its share is the proportion that the limit of this Agreement bears to the total of the limits of this Agreement and all the policies covering on the same basis. 5. Right to Recover a. If the Trust makes any payment, it shall be subrogated and have the right to enforce its subrogation rights against any other party who caused the loss or damage. The member, its agents and employees are required to cooperate with the Trust in the enforcement of its rights of collection against the party or parties causing the loss and shall do nothing to jeopardize the rights of the Trust without the Trust's prior consent and authorization. E. COVERAGE EXTENSIONS 1. Limited Replacement Cost: We will reimburse the Designed Member for an owned and scheduled private passenger vehicle, pickup truck or sport utility vehicle that is involved in a covered total loss if the vehicle has less than 18,000 miles and is within the first 12 months of being scheduled at the time of the total loss. 2. Member's Personal Effects: In the event of a covered loss, we will pay a maximum of $1,000.00 for member's personal effects while in a scheduled private passenger vehicle, pickup truck or sport utility vehicle owned by the Designated Member. The covered vehicle must show evidence of forced entry when the occurrence is caused by theft and must be reported to a law enforcement agency. 3. Auto Lease Coverage: In the event of a covered total loss to a covered auto shown in the schedule, we will pay any unpaid amount on the lease of your covered auto less: 1) the amount paid under Part D of the agreement; and 2) any: a, overdue lease payments at the time of the loss: b. financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; C. security deposits not refunded by a lessor, d. costs for extended warranties, Credit Life insurance, Health, Accident or Disability insurance purchased with the lease; and e. carry-over balances from previous leases. The most we will pay for any one occurrence is up to $5,000.00. The most we will pay in any Trust year is up to $10,000.00. 4. Towing: We will pay a maximum of $100.00 per occurrence for towing and labor cost incurred each time a scheduled auto is disabled. However, the labor must be performed at the place of disablement. FMITAPD 1009 Page 3 of 4 Hired Automobile Physical Damage: A limit of $50,000.00 per rental private passenger vehicle is included subject to the greater of a $2,500.00 deductible or the highest deductible described on the Automobile Schedule. The most we will pay in any Trust Year is $100,000.00. 6. Accidental Inflation of Airbags: The most we will pay for any one occurrence is $1,500.00 for any and all damages or repair. F. DEFINITIONS Automobile business, means the business or occupation of selling, repairing, servicing, storing, or parking automobiles. Hired Automobile, means an automobile not owned by the designated member which is used under contract on behalf of, or loaned to, the designated member, provided such automobile is not owned by or registered in the name of an employee or agent of the designated member who is granted an operating allowance of any sort for the use of any such automobile. Owned Automobile, means an automobile owned by the designated member. Private Passenger Automobile, means a four-wheel private passenger or station wagon type automobile. Trailer, includes a semi -trailer but does not include mobile equipment, unless scheduled. Loss, means direct and accidental damage or loss. FMITAPD 1009 Page 4 of 4 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY RENTAL REIMBURSEMENT COVERAGE This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to Automobile Physical Damage as set forth below. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. This endorsement provides only those coverages where a premium is shown in the Automobile Physical Damage portion of the Schedule. It applies only to a covered "auto" described and designated in the Schedule. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. Thirty (30) days. or 2. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. D. Our payment is limited to the lesser of the following amounts: Necessary and actual expenses incurred that relate directly to the "loss" of the covered auto. 2. The maximum payment stated applicable to "any one day" or "any one period" for each occurrence. E. This coverage does not apply while there are spare or reserve "autos" available to you for use in your operations. Maximum Amount Payable: $50.00 per day per covered automobile per occurrence, or five thousand dollars ($5,000.00) in the aggregate forthe Fund year in which the loss(es) occur. FMITARR 1009 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SPECIFIC EXCESS ENDORSEMENT - AUTOMOBILE LIABILITY This endorsement, when issued by the Florida Municipal Insurance Trust, does not in any way modify the provisions of the Coverage Agreement. It does extend the monetary limits of liability, as stated in the Limits of Liability in the Declarations, as set forth below: It is agreed that the specific limits of liability are $ 5,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5) Florida Statutes or liability imposed pursuant to Federal Law, or to any liability resulting from actions taken outside of the State of Florida where it is determined by a court of competent jurisdiction that the liability limitations contained in Section 768.28(5), Florida Statutes, are inapplicable, if such liability is covered by the Agreement. The limits provided herein are inclusive of the $200,000 each person and $300,000 each occurrence liability limitations contained in Section 768.28 (5), Florida Statutes, but in no way exceed $ 5,000,000 (combined single limit) per occurrence. Exclusion Y is amended as follows: To any damages imposed by an act of the legislature, except for claims bills passed by the legislature pursuant to Section 768.28(5), Florida Statutes, against a Member, for damages covered under the terms of this Agreement. FMIT SEAL 1012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ CAREFULLY. EMPLOYER-PROVIDED VEHICLES — AUTOMOBILE LIABILITY It is agreed that as of the effective date of this Endorsement, the Agreement is amended in the following particulars: Automobile Liability Coverage shall include the following additional coverage as respects scheduled vehicles assigned to employees of Designated Members provided the Designated Member has implemented a policy governing use of its vehicles by its employees, any such vehicle has been specifically identified at least by vehicle identification number and the identity of the employee to whom the vehicle has been assigned is recorded. Coverage is provided for Bodily Injury, Property Damage, Personal Injury Protection, if applicable, and Uninsured Motorists (where applicable). The limit of liability for this coverage is same as described on the Automobile Liability and Physical Damage Declarations Page. The Personal Injury Protection, if applicable, and Uninsured Motorists limit, where applicable, is the Personal Injury Protection limits and Uninsured Motorists limits, respectively, shown on the Automobile Liability and Physical Damage Declaration Page. II. For purposes of this Endorsement, the Agreement is further amended as follows: Section I regarding the Coverage section of the Agreement, which provides: A member must be acting within the scope of vehicular use authorized by the Designated Member at the time of the occurrence which gives rise to any claim or lawsuit brought against the Designated Member and/or member. Section VI regarding the Exclusion section of the Agreement which provides: B. This Coverage Agreement does not apply to any liability arising in whole, or in part out of: 1. any act or omission of a member committed while acting outside the scope of use authorized by the Designated Member, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. FMITAE 1008 Page 1 of 1 FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS I. DESIGNATED MEMBER: Town of Gulf Stream Address: 100 Sea Road Gulf Stream, FL 33483 II. COVERAGE PERIOD From October 1, 2013 to October 1, 2014 12:01 A.M. Standard Time at the address of the Designated Member, III. AGREEMENT NUMBER Florida Municipal Insurance Trust (FMIT) FMIT#0228 IV. COVERAGES INCLUDED General Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Net Premium Constant Credit Premium $85,176 $200 $(10,453) $74,923 Signature of Authorized Representative October 1, 2013 Dale FLORIDA MUNICIPAL INSURANCE TRUST GENERALIPROFESSIONAL LIABILITY COVERAGE AGREEMENT DECLARATIONS I. DESIGNATED MEMBER Town of Gulf Stream IL GOVERNMENT DESCRIPTION Municipality Agreement No.: FMIT#0228 III. COVERAGE PERIOD From October 1, 2013 to October 1, 2014 12:01 A.M. Standard Time at the address of the Designated Member. IV. General/Professional Liability Payroll: 1. General Liability a. Broad Form Property Damage b. Extra Contractual Legal Expense c. Fire Legal Liability d. Medical Attendants'/Medical Directors' Malpractice Liability 2. Errors and Omissions Liability a. Employment Practices Liability b. Employee Benefits Program Administration Liability 3. Law Enforcement Full Time with Arrest Powers: Part Time with Arrest Powers: 4. Information Security & Privacy Liability THESE ARE CLAIMS MADE AND REPORTED COVERAGES Insuring Agreement I.A. a. Information Security & Privacy Liability Retroactive Date: 10/1/2012 Insuring Agreement I.B. b. Privacy Notification Costs Retroactive Date: 10/1/2012 Insuring Agreement I.C. c. Regulatory Defense and Penalties Retroactive Date: 10/1/2012 Premium Deductible/ Net Basis Type Limit Premium FMIT GL DEC 1013 Page 1 of 3 $0 $5,000,000 $29,328 407,553 $0 Per Form Included N/A $25,000 Included 50 $500,000 Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included 11 1 $250,000 Each Claim $250,000 Agreement Aggregate Limit of Liability $25,000 Included Included $10,000 Included Included $25,000 Included Included FMIT GL DEC 1013 Page 1 of 3 Insuring Agreement I.D. d. Website Media Content Liability Retroactive Date: 10/1/2012 Insuring Agreement I.E. e. PCI Fines and Costs Retroactive Date: 10/1/2012 Insuring Agreement I.F. f. Cyber Extortion Retroactive Dale: 10/1/2012 Insuring Agreement I.G. g. First Party Data Protection Retroactive Dale: 10/1/2012 Insuring Agreement I.H. h. First Party Network Business Interruption Retroactive Date: 10/1/2012 V. This agreement includes these endorsements and schedules: See Schedule VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Incentive Net Premium Credit Premium $33,329 $(4,001) $29,328 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT GL DEC 1013 Page 2 of 3 $25,000 Included Included $25,000 Included Included $35,000 Included Included $35,000 Included Included $35,000 Included Included V. This agreement includes these endorsements and schedules: See Schedule VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Incentive Net Premium Credit Premium $33,329 $(4,001) $29,328 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT GL DEC 1013 Page 2 of 3 FMIT GENERAUPROFESSIONAL LIABILITY COVERAGES October 1, 2013 - October 1, 2014 Schedule Coverage Forms List FMIT #0228 Schedule A Form # Description General Liability Common FMITTRAG 1013 Trust Agreement FMIT CA 1013 Coverage Agreement General Liability FMIT BFPD 1010 Broad Form Property Damage Endorsement FMIT ECLE 1013 Extra Contractual Legal Expense Endorsement EMIT FLL 1012 Fire Legal Liability Endorsement FMIT MA 1007 Medical Attendants'/ Medical Directors' Malpractice Liability Endorsement FMIT EO 1013 Errors and Omissions Liability Endorsement FMIT LE 1007 Law Enforcement Liability Endorsement FMIT SE GL 1012 Specific Excess Endorsement - General Liability FMIT PNL 1012 Privacy/Network Security Liability FMIT PNLX 1012 First Party Computer Security Coverage FMIT CIE 1011 Crisis Intervention Expense Endorsement FMIT SBU 1011 Sewerline Backup and Initial Cleanup Expense FMIT GL DEC 1013 Page 3 of 3 FLORIDA MUNICIPAL INSURANCE TRUST TRUST AGREEMENT THIS AGREEMENT, made and entered into this 1st day of October, 1992, by and between the Florida Municipal Insurance Trust (frust) and all parties who are now or may hereafter become members of the Florida Municipal Insurance Trust (member), acting by and through a Board of Trustees of their own selection. These members of the Florida Municipal Insurance Trust, all local government entities, have organized and formed a trust, and have agreed to pool their liabilities pursuant to Florida law. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and obligations herein contained, which are given to and accepted by each member hereof to the other, the parties to this instrument covenant, stipulate and agree as follows: RESPONSIBILITIES OF MEMBER As a pre -requisite for participation in the Trust, each member of the Trust agrees to abide by the following terms, conditions and obligations: GENERAL CONDITIONS A The member agrees the Board of Trustees, the governing body of the Trust, comprised entirely of local elected officials, will set up, operate and enforce its own administrative rules, regulations and by-laws as between the individual members of the Trust and shall otherwise direct the affairs of the Trust; B. The member and the Trust agree all members of the Trust hereby agree that the Board may admit as members of this Trust only acceptable employers in the state of Florida who have common governmental interest. The Board or its designee shall be sole judge of whether or not an applicant shall be admitted to membership; C. The member agrees to maintain a reasonable loss prevention program in order to provide the maximum in safety and lawful practices as such may relate to the potential liability assumed by the Trust under this Agreement or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement; D. The member agrees to provide immediate notification of such occurrence to the Trust in the event of an occurrence likely to give rise to a claim within the scope of this Agreement, or any other agreement, certificate, document or other instrument executed by the Trust and the member pursuant to this Agreement; E. The member agrees to promptly make all contributions for coverages arising under this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement at the time and in the manner directed by the Board of Trustees. Said contributions may be reduced by any discount, participation credit, or other contribution reduction program established by the Board of Trustees; F. The member agrees in the event of payment of any loss by the Trust on behalf of the member, the Trust shall be subrogated to the extent of such payment to all FMIT TRAG 1013 Page 1 of 7 the rights of the member against any party or other entity legally responsible for damages resulting from said loss, and in such event, the member hereby agrees, on behalf of itself, its officers, employees, and agents to execute and deliver such instruments and papers as is required, to secure such right to the Trust, and to cooperate with and otherwise assist the Trust as may be necessary to effect any recovery sought by the Trust pursuant to such subrogated rights, to do whatever else is reasonably necessary to secure such right to the Trust, and to do nothing that will impair the rights of the Trust herein described. G. The member agrees the Board of Trustees, its Administrator, and any of their other agents, servants, employees or attorneys, shall be permitted at all reasonable times and upon reasonable notice to inspect the property, work places, plants, works, machinery and appliances covered pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, and shall be permitted at all reasonable times while the member participates in the Trust, to examine the members' books, vouchers, contracts, documents and records of any and every kind which show or tend to show or verify any loss that may be paid or may have been paid by the Trust on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, or which show or verify the accuracy of any contribution which is paid or payable by the member pursuant to the terms of this Agreement, or any other agreement, certification, document or any other instrument executed by the Trust and the member pursuant to this Agreement; However, neither the Trust, it's Board of Trustees, its Administrator, nor any of their agents, servants, employees or attorneys of either will have any liability to the member or others because of any inspection or failure to inspect. H. The members hereby delegate to the Board of Trustees the responsibility to contract for handling the administrative and servicing functions of the Trust. The Board may pay a reasonable fee for such, which shall be negotiated from time to time by the Board of Trustees. These fees shall be in consideration of all services and expenses contracted for with the Trust, which services or expenses may include the collecting, disbursing, and accounting for monies collected, counseling with members as to the safety hazards, claims handling and investigations, and legal services, actuarial services and accounting services and for the purpose of providing for excess insurance coverage. Books and records of all contractors employed by the Trust are to be open to inspection by the Board of Trustees or their agents at all reasonable times and as otherwise required by law; The member and the Trust agree the administrator, to be appointed by the Board, shall deposit to the account of the Trust, at any bank or banks designated by the Board, all contributions or other monies, as and when collected and said monies shall be disbursed only as provided by (1) the Trust's Agreement and Declaration of Trust, (2) the rules, regulations and by-laws of the Board, and (3) the Agreement between the Board and the administrator; J. The member and the Trust agree that the Trust is to defend in the name of and on behalf of the member any claims, suits or other legal proceedings which may at any time be instituted against the member on account of any liability for monetary damages, to the extent such defense and liability has been assumed FMIT TRAG 1013 Page 2 of 7 by the Trust pursuant to an obligation to defend that arises under this Agreement or any other agreement, certificate, documents, or other instrument executed by the Trust and the member pursuant to this Agreement, subject to any and all of the definitions, terms, conditions and exclusions contained in said agreements, certificates, documents or other instruments. Further, the member agrees: For any occurrence resulting in a claim or suit for damages under this Agreement, the Trust, in its sole discretion, may investigate; settle; coordinate the defense of claims or counts within suits which may not be expressly covered by this Agreement but which provide strategic benefits through coordinated litigation; and/or use of any other reasonable means permitted by applicable rules of state law and attorney professional conduct, without the prior consent or approval of the member. 2. The Trust shall have no obligation to retain more than one attorney to defend all members involved in any single occurrence resulting in a claim or suit for damages covered by this Agreement. 3. The Trust shall remain in control of the defense for any occurrence resulting in a claim or suit for damages for which the Trust is obligated to provide a defense or elects to provide a defense to the member, whether covered or not covered by this Agreement, notwithstanding any of the following: a. There is more than one defendant against whom a claim or suit is brought; b. There Is any real or perceived conflict between or among the trust, any member or any defendant(s) involved in any claim or suit; C. The Trust has reserved its right to deny or limit its coverage in any claim or suit; d. The Trust or the member initiates any claim or suit against any other Trust member. 4. In the event any court of competent jurisdiction orders the Trust to provide attorney representation beyond the attorneys the Trust selects and retains, the member shall be entitled to the fees and charges for such attorney representation only to the extent of usual and customary legal fees and charges paid by the Trust for reasonably similar representation. K. The member agrees the liability of the Trust is specifically limited to the discharge of the liability of its members assumed pursuant to this Agreement or any other agreement, certificate, document, or any other instrument executed by the member and the Trust pursuant to this Agreement; L. The member agrees the coverage of the Trust does not apply to punitive or exemplary damages; M. The Trust shall operate on a fiscal year from October 1't to September 30"' of the succeeding year. Application for continuing membership, when approved in FMIT TRAG 1013 Page 3 of 7 writing by the Board or their designee, shall constitute a continuing contract for each succeeding fiscal period unless cancelled by the Board or unless the member shall have resigned or withdrawn from said Trust by written notice; N. Unless the Trust and the member otherwise expressly agree in writing, the member agrees coverage by the Trust for a member under the terms of this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, shall expire automatically at 12:01 am on the first day of October of each calendar year; O. Except as otherwise provided herein, the member and the Trust agree such member's coverage may be canceled by the Trust or the member at any time upon no less than forty-five (45) days prior written notice by the Board of Trustees or the Administrator to the member and to the Division of Workers' Compensation, if applicable, or by the member to the Trust, stating the date such cancellation shall be effective; however, cancellation by the member after the initial effective date of coverage (October 1), may be other than pro -rata; or the Trust may cancel for non-payment of premium by issuing written notice of cancellation to the member 10 days before the effective date of cancellation; The notice will be mailed or delivered to the member's last known address. If notice is mailed, proof of mailing will be sufficient evidence of notice as of the date of the postmark. P. The member agrees excess monies remaining after the payment of claims and claim expenses, and after provision has been made for the payment of open claims and outstanding reserves, may be distributed by the Board of Trustees to the members participating in the Trust in such manner as the Trustees shall deem to be equitable, Q. The member agrees there will be no disbursements out of the reserve fund established by the Trust by way of dividends or distributions of accumulated reserves to members until provision has been made for all obligations against the Trust and except at the discretion of the Board of Trustees; R. The member agrees to permit qualified service providers, including attorneys selected by the Trust, to defend, investigate, settle, and otherwise process and dispose of all claims, suits, allegations or demands that may result in liability assumed by the Trust on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust or the member pursuant to this Agreement, notwithstanding the following rights which the Trust agrees the member shall retain: The member may, in its discretion and solely at its own expense, retain counsel other than the attomey(s) provided by the Trust to represent the member against any claim, suit, allegations or demands. The Trust shall have no obligation to cover the cost of such retained counsel or any related expenses. However, the member agrees that, even to the extent it may use counsel other than the attomey(s) appointed by the Trust and notwithstanding the provisions of General Condition J., the Trust shall retain the right to maintain control of the defense of any claim or suit as provided elsewhere in this Agreement. 2. If the member's limit of liability is exhausted and the Trust or its agent FMIT TRAG 1013 Page 4 of 7 has not notified the member of such exhaustion at least thirty (30) days prior, then the Trust shall continue providing the defense previously undertaken by the attorney(s) appointed by the Trust for a reasonable period of time, not to exceed thirty (30) days following exhaustion of the member's limit of liability, during which time the member shall acquire control of the claims, suits, allegations or demands remaining at issue. However, the member shall reimburse the Trust for any related expenses incurred during the transfer of the matter from the Trust -appointed attorney(s) to the attorney(s) chosen by the member following exhaustion of the member's limit of liability. S. The member shall make prompt payment of all contributions as required by the Board of Trustees, said contributions to be determined by said Board. The member shall fully cooperate with auditors of the Trust to promptly determine final audited contributions. Any disputes concerning contributions shall be resolved after payment. Any objections concerning the final audited contribution shall be filed within 60 days of billing of the final audited contributions. After that time, the audit shall be considered to be final; T. The member agrees to pay reasonable penalties as determined by the Board of Trustees for late payment of contributions required under this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement; U. The member, through the Board of Trustees, does hereby appoint the Administrator of the Trust as its agent and attorney-in-fact, to act in its behalf and to execute all necessary contracts, reports, waivers, agreements, excess insurance contracts, service contracts, and other documents reasonably necessary to accomplish the purposes and to fulfill the responsibilities of the Trust; to make or arrange for the payment of claims, claim expenses, medical expenses, and all other matters required or necessary insofar as they affect the member's liability under federal or Florida law and insofar as such matters are covered pursuant to the terms of this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, and by the rules and regulations now or hereafter promulgated by the Board of Trustees; V. The Trust shall determine all questions of the scope of liability coverage, eligibility methods of providing or arranging for benefits, and all other related matters. It shall have full power to construe the provisions of this Agreement and the other program documents in the terms used here and therein. Any such determination and any such construction adopted by the Trust in good faith shall be binding upon all parties hereto and the members, provided such determination or such construction is consistent with the laws of the State. The member agrees to abide by all the terms and conditions of this Agreement, the Participation Agreement, the Trust's By-laws, the rules and regulations, and any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to the Agreement; W. The member and the Trust agree the Trust will maintain an excess coverage program and reserve evaluation to protect the financial stability of the Trust in an amount and manner determined by a qualified and independent actuary; FMITTRAG 1013 Page 5 of 7 X The member and the Trust agree the Trust will submit to the appropriate governmental agency annually an audited fiscal year-end financial statement prepared by an independent certified public accountant; Y. The member and the Trust agree that any member who formally applies for membership in this Trust and is accepted by the Board of Trustees shall thereupon become a party to the Trust's Agreement and Declaration of Trust and be bound by all of the terms and conditions contained therein, and said application shall constitute a counterpart of said Agreement and Declaration of Trust; and Z. Members duties after loss: 1. give the Trust prompt written notice of any accident, occurrence or potential claim along with all relevant information concerning the claim. The member shall have a continuing duty to provide to the Trust all relevant information promptly as the member becomes aware of such information; and 2. cooperate fully with the Trust in defense or settlement of claims or opposition to claims bills, and in the enforcement of any right of contribution or indemnity; and 3. forward to the Trust every notice, demand, summons or other process served upon the member relating to any occurrence, and take no further action concerning the occurrence without the approval of the Trust or the servicing agent; and 4. take reasonable steps to prevent additional or cumulative bodily injury, personal injury or property damage from or arising out of the same or similar conditions or circumstances; and 5. not engage in settlement negotiations as to any claim or suit, and the Trust shall have no obligation to pay the amount of any settlement negotiated or agreed upon by a member without prior written approval by the Trust or the servicing agent; and 6. agree to take all reasonable actions, where appropriate, which shall facilitate settlement of claims; and 7. agree to responsible counsel selected by the Trust to defend the claim and agree not to use the designated member's counsel in defense of said action unless otherwise provided in this Trust Agreement; and 8. keep all bills, receipts and related documents that establish the amount of loss; and 9. furnish a complete inventory of the lost, damaged and destroyed property, showing in detail the quantity and amount of loss claimed under the valuation provision of the Coverage Agreement; and 10. promptly separate the damaged property from the undamaged property, and keep it in the best possible order for examination; and 11. take all reasonable steps to protect the covered property from further damage; and 12. give notice of such loss to the proper authorities if the loss may be due to a violation of the law; and 13. refrain from any intentional efforts (whether by statements, actions or agreements) that: (1) harm, undermine, injure or conflict with the known legal strategy put forth by the Trust; (2) that are against the member's self-interest or the interest of the Trust; (3) that are contrary to the member's pecuniary or proprietary interest, or that of the Trust; or (4) that tend to subject the member or the Trust to liability or expand existing FMIT TRAG 1013 Page 6 of 7 liability; AA. Transfer of member's rights and duties under this Agreement Your rights and duties under this Agreement may not be transferred without our written consent. This applies to all coverages under this Agreement or any that may be added after the effective date of this Agreement. Should your rights and duties be transferred to a legal representative, they may act only within their scope of duties with regard to this Agreement. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. BB. Required member contributions shall be in addition to the deductible amount, if any, as set forth in the declarations to the Coverage Agreement. Where such deductible amount is required, coverages arising under this Agreement shall be in excess of such deductible. The Trust may pay on behalf of the member all or any portion of the deductible amount and upon notification by the Trust of such payment, the member shall promptly reimburse the Trust for any portion of the deductible the Trust has paid. CC. In the event any claim or suit results in liability against the member for which there is coverage under this Agreement and which Is reasonably likely to be submitted to, or is submitted to, the legislative claims bill process in the Florida Legislature, the member agrees, on behalf of itself, its officers, employees, and agents, that the Trust shall have the right to control its representation in such matter before the legislative branch of the state government. Further, the member agrees to execute and deliver such instruments and papers as required by the Trust, to cooperate with any attorney or other representative retained by the Trust, to provide relevant testimony if required by the Trust, to do whatever else is reasonably necessary in the interest of defending such claim or suit in the legislative claims bill process and to do nothing that will impair or conflict with the rights of the Trust herein described. Additionally, the member shall Refrain from any intentional efforts (whether by statements, actions or agreements) that harm, undermine, injure or conflict with the known legal or legislative defense strategy being put forth by the Trust, that are against the member's self-interest, that are contrary to the member's pecuniary or proprietary interest, or that of the Trust, or that tend to subject the member or the Trust to liability or expand existing liability. DD. The member agrees that in the event of any legal issue between the Trust and any member requiring disposition by a court of law, including any determinations of whether and/or the extent to which coverage exists, this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement, shall be deemed to have been made in Orange County, Florida and venue shall lie in the appropriate state or federal courts of Orange County, Florida. FMIT TRAG 1013 Page 7 of 7 FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE AGREEMENT APPLICABLE TO: GENERAL LIABILITY, AUTOMOBILE, PROPERTY AND ALLIED LINES In consideration of the member's payment of the required contributions and the covenants and terms set forth in (a) the TRUST MEMBER AGREEMENT, the statements and representations contained in (b) the member's APPLICATION FOR COVERAGE, (c) the DECLARATIONS and the terms, conditions, limits of liability, exclusions and other provisions of (d) the COVERAGE AGREEMENT including any endorsements thereto, (a, b, c, and d shall hereinafter collectively form and be referred to as the "Agreement"), the Florida Municipal Insurance Trust (hereinafter the "Trust") hereby enters this Agreement with the member as follows: COVERAGE The Trust will pay all sums which a member becomes legally obligated to pay as damages because of: Bodily Injury Property Damage Personal Injury, or Advertising Injury to which this Agreement and any endorsements thereto apply caused by an occurrence which takes place during the coverage period of this Agreement As a pre -requisite to any coverage provided by the Trust under this Agreement, the member expressly agrees to each of the General Conditions contained in the member Trust Agreement, along with the provisions of the Agreement and Declaration of Trust creating the Trust and any rules, policies and procedures adopted by the Trust, which shall be deemed a part of this Agreement, whether expressly restated herein or not. LIMITS OF LIABILITY Regardless of the number of (1) members under this Agreement, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of bodily injury, property damage or personal injury, the liability of the Trust is limited as follows: The total liability of the Trust applicable to "each person" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post -judgment interest, sustained by one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. The total liability of the Trust applicable to "each occurrence" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post -judgment interest, sustained by more than one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. FMIT CA 1013 Page 1 of 18 For the purpose of determining the limit of the Trust's liability, all damages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. DEFENSE AND SETTLEMENT In addition to the limits of liability the Trust will settle or defend at its own expense, as it considers appropriate, any claim or suit demanding money damages covered by this Agreement The Trust will defend any suit against a member which alleges a claim for money damages covered by this Agreement even if such suit is eventually found groundless, false or fraudulent However, the Trust has no duty to defend a member in any action which on its face alleges facts excluded or not covered by this Agreement In the event a suit or other action contains allegations which allege damages which the Trust has a duty to defend and other allegations which allege damages or other relief that the Trust does not have a duty to defend, the Trust will defend all allegations subject to the terms, conditions, limits of liability and exclusions of the Agreement; however, undertaking such defense shall not obligate the Trust to pay any judgments, settlements or awards which a member becomes legally obligated to pay for allegations to which coverage does not apply. The Trust's duty to defend ends when applicable Limits of Liability have been exhausted. As a condition of coverage under this Agreement, the member agrees that settlement of any claim or suit may involve the payment of proceeds and/or the taking or forbearing to take certain actions by the member. Accordingly, the following requirements shall apply to all settlement efforts by the Trust and any party acting as the Trust's appointed representative or agent: 1. For any occurrence resulting in a claim or suit for damages, if the Trust gives written notice of its recommendation for settlement, including the payment of proceeds to settle a claim or suit and/or the taking or forbearing to take certain actions by the member, and the member does not affirmatively accept such recommendation within a reasonably requested time period contained in the notice, not to exceed thirty (30) days following receipt of such notice, the Trust's sole coverage obligation to the member shall then not exceed the lesser or: a. The sum for which the claim or suit could have been settled at the time set forth in the notice of the Trust's recommendation for settlement; and b. The costs and expenses incurred by the Trust in relation to the claim or suit, through the date on which the member was required to provide its affirmative acceptance of the recommendation for settlement; or c. If less than the sum or a. and b. above, the unused portion of the stated limit of liability contained within the declarations, less any self-insured retention or deductible amounts owed by the member. 2. In its application of the foregoing provision, the Trust shall have no obligation to obtain prior notice or authorization of the member or its legal counsel to make any proposed settlement, actual settlement or partial settlement of any claim or suit covered under this Agreement. FMIT CA 1013 Page 2 of 18 DEFINITIONS The following definitions apply throughout this Agreement unless modified or excluded A. Advertising Injury, means injury arising out of an offense committed during the Agreement period occurring in the course of the designated member's advertising activities; If such injury arises out of libel, slander, defamation, violation of right of privacy, oral or written publication of material, misappropriation of advertising ideas or style of doing business or infringement of copyright, title, or slogan. B Agreement Territory, means the United States of America, As territories and possessions, Puerto Rico and Canada. C. Automobile, means a land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment. D. Blanket Coverage, means in the event of a claim, the Member's covered property coverage limit shall include the aggregate sum of agreed property values that were specified in the Member's Statement of Values and upon which the member's coverage and premiums were underwritten for the relevant coverage period. A blanket limit shall only apply when the designation "Blanket" is noted within the Member's Property, Allied Lines and Crime Declarations page and shall only apply to property described at a Scheduled Location. E. Bodily Injury, means disability, disfigurement, sickness or disease or death resulting from an occurrence and sustained by any person, and any loss, injury or damages sustained by any person because of bodily injury, which occurs during the period of this Agreement, and assault of and battery committed for the purpose of protection of persons or property. F. Communicable Disease includes but is not limited to Acquired Immune Deficiency Syndrome (AIDS), and any other sexually transmitted disease. G. Contractual Liability, means liability expressly assumed under a written contract or agreement; provided, however, that contractual liability shall not be construed as including liability under a warranty of the fitness or quality of the designated member's products or a warranty that work performed by or on behalf of the designated member will be done in a workmanlike manner; and provided, however, that contractual liability shall not be construed as including liability under any hold harmless agreement or agreement to indemnify any non-public or private person, corporation, or entity under any contract or agreement, H. Designated Member, means the entity, organization or constitutional officer named in Item I. or V. of the Declarations of this Agreement; designated member does not include employees or agents of that entity or organization. I. Designated Member's Products, means goods or products manufactured, sold, handled, or distributed by the designated member or by others trading under his name, including any container thereof (other than a vehicle), but "designated members products" shall not include a vending machine or any other property, rented to or located for use of others but not sold. J. Elevator, means any hoisting or lowering device to connect Floors or landings, whether or not in service, and all appliances thereof; but does not include an automobile servicing hoist, a material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter. FMIT CA 1013 Page 3 of 18 K. Employee Benefits Program, means any pension and profit sharing plan; individual retirement account (IRA) plan; salary reduction plan under Internal Revenue Code 401 (k) or Amendments; employee stock subscription plan, savings plan; group plan for life, health, dental, disability, automobile, home owners, or legal services insurance; social security system benefits; workers' compensation and unemployment insurance; travel and vacation plans; or educational tuition reimbursement plans created, administered or endorsed by a member. L Employment Practices includes, but is not limited to any actual or alleged: 1 discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); 2. employment-related misrepresentation(s) to an employee or applicant for employment with the Public Entity; 3. failure to grant tenure; 4. failure to provide or enforce adequate or consistent policies and procedure relating to any Employment Practices Violation; 5. harassment (including sexual harassment whether "quid pro quo", hostile work environment or otherwise); 6. retaliation (including lockouts) or alleged employment decisions involving violation of any state, or local whistleblower protection law; 7. violation of an individual's civil rights relating to any of the above but only if the Employment Practices Violation relates to an employee or applicant for employment with the Public Entity whether direct, indirect, intentional or unintentional; 8. wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; 9. wrongful discipline; 10. wrongful dismissal, discharge or termination (either actual or constructive of employment, including breach of an implied contract; 11. wrongful failure to employ or promote. M. Errors and Omissions, means a claim for damages alleging liability for any error, misstatement, omission, neglect or breach of duty by members while lawfully acting in their official capacity or lawfully acting within the scope of their employment, whether acting individually or collectively, excluding any claim based on a failure to properly effect any insurance coverage agreement or secure adequate insurance coverage from any insuring entity including the Trust and excluding any claim related to matters arising before the State of Florida Commission on Ethics, or any local ethics commission created by charter or ordinance which has jurisdiction over the alleged misconduct. N. Incidental Contract, means a written (a) lease of premises, (b) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, FMIT CA 1013 Page 4 of 18 (c) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (d) elevator maintenance agreement; but does not include any hold harmless agreement or agreement to indemnify any non-public or private person, corporation, or entity under any contract or agreement. O. Incidental Medical Malpractice Injury, means bodily injury arising out of the rendering of or failure to render medical services or treatment by a non-professional during the period of this Agreement, including the following services: medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or 2. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. P. Inverse Condemnation, means any affirmative regulatory action by a designated member resulting in the deprivation of substantially all economically beneficial or productive use of private property and the resulting cause of action by the affected property owner to recover any loss in monetary value resulting from the regulatory action. As defined, "inverse condemnation" does not include a physical taking of property by a designated member. Q. Loading or unloading, means the handling of property: 1. after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or °auto;' 2. while it is in or on an aircraft, watercraft or'auto;" or 3. while it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but 'loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." R. Member, as used herein means: the designated member, 2. while acting within the scope of his employment, any officer (except constitutional officers), volunteer, servant, or employee of the designated member, including elected and appointed officials, and members of Boards or Commissions. However, the coverage so provided any officer, servant, or employee does not apply to bodily injury to another officer, servant or employee of the designated member injured in the course of and arising out of his employment. The coverage afforded applies separately to each member against whom claim is made or suit is brought, except with respect to the limits of liability of the Trust; and does not apply to bodily injury or property damage or personal injury liability arising out of the conduct of any partnership or joint venture of which a member is a partner or participant and which is not specified in this Agreement as a designated member. S. Mobile Equipment, means a land vehicle (including any machinery or apparatus attached thereto), whether or not self propelled, (a) not subject to motor vehicle registration, or (b) FMIT CA 1013 Page 5 of 18 maintained for use exclusively on premises owned by or rented to the designated member, including the ways immediately adjoining, or (c) designed for use principally off public roads, or (d) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers, graders, scrapers, rollers and other road construction or repair equipment; air compressors, pumps and generators, including spreading, welding and building cleaning equipment; and geophysical exploration and well servicing equipment. T. Mold, Spores and/or Fungus, means any mold, spores and/or fungus of any type of nature whatsoever that can cause or threaten harm to any living organism (including human health or human welfare, or the health or welfare of any animal or plant) or can cause or threaten physical damage, deterioration, loss of use, and/or loss of value or marketability, to any tangible property whatsoever. This includes, but is not limited to, any type(s) of mold, spores and/or fungus that are harmful or potentially harmful to health or welfare (such as Stachybotrys and others), or that are damaging or potentially damaging to tangible property (such as wet or dry rot, mildew and others) or that can otherwise cause or threaten to cause bodily injury, property damage, personal injury or advertising injury or any kind whatsoever. U. Occurrence, means an event or accident, including continuous or repeated exposure to conditions which result in bodily injury, property damage, personal injury or advertising injury and not arising from any form of intentional misconduct. V. Personal Injury, means injury sustained by any person or organization arising out of one or more of the following offenses committed during the term of this Agreement. However, this coverage does not apply to law enforcement operations. 1. false arrest, detention, imprisonment; 2. wrongful entry or eviction, or other invasion of the right of private occupancy; 3. publication or utterance: a. of a libel or slander or other defamatory or disparaging material; b. in violation of an individual's right or privacy; or except that publications or utterances in the course of or related to broadcasting, publishing, or telecasting activities conducted by or on behalf of the designated member shall not be deemed personal injury; W. Pollutants, mean any solid, liquid, biological, gaseous or thermal irritant or contaminate, including smoke, dust, vapor, soot, fumes, acids, alkalis, chemicals and electromagnetic radiation, liquids, gases, other Irritants or contaminants and waste. Waste includes materials to be recycled, reconditioned or reclaimed. X. Products -Completed Operations Hazard: 1 includes all "bodily injury" and 'property damage" occurring away from premises you own or rent and arising out of "your product' or °your worlf' except: a. products that are still in your physical possession, or FMIT CA 1013 Page 6 of 18 b. work that has not yet been completed or abandoned. However, 'your work° will be deemed completed at the earliest of the following times: (1) when all of the work called for in your contract has been completed. (2) when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (3) when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 2. Does not include "bodily injury' or "property damage" arising out of: a. The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; b. The existence of tools, uninstalled equipment or abandoned or unused materials; or Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products -completed operations are subject to the General Aggregate Limit. Y. Property Damage, means (a) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting there from, or (b) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the period of this Agreement. Z. Scheduled Location, means a physical location identified within the Member's Property Schedule at which the Trust and member agreed covered property may exist and more specifically, includes only the building(s), business personal property and/or non -building property (fixtures) specifically described and excludes any additional property at the physical location. AA. Sexual Action includes, but is not limited to, any verbal or non-verbal communication, behavior or conduct with sexual connotations or purposes, whether for sexual gratification, intimidation, coercion or other purpose, and regardless of whether such action is alleged to be intentional or negligent. BB. Sexual Abuse shall include, but is not limited to, the negligent or intentional infliction of physical, emotional or psychological injury or harm on any person or persons in the care, custody or control of any member and also includes one or more of the following acts: 1. any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen. 2. any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person. FMIT CA 1013 Page 7 of 18 3. any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose. 4. the intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the individual or the perpetrator, except that this does not include: a. any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for an individual; or b. any act intended for a valid medical purpose. 5. the intentional masturbation of the perpetrator's genitals. 6. the intentional exposure of the perpetrator's genitals in the presence of an individual, or any other sexual act intentionally perpetrated in the presence of an individual, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose. 7. the sexual exploitation of an individual, which includes allowing, encouraging, or forcing an individual to: a. solicitation for or engage in prostitution, or b. any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience. CC. Suit, means a civil proceeding in which damages because of "bodily injury," "property damage", "personal injury or advertising injury" to which this coverage applies are alleged. "Suit" includes: 1. an arbitration proceeding in which such damages are claimed and to which the member must submit or does submit without consent; or 2. any other aftemative dispute resolution proceeding in which such damages are claimed and to which the member submits with our consent DD. Your Product 1. means: a. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) you; (2) others trading under your name; or (3) a person or organization whose business or assets you have acquired; and b. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. FMIT CA 1013 Page 8 of 18 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product;" and b. the providing of or failure to provide warnings or instructions. 3. does not include vending machines or other property rented to or located for the use of others but not sold. EE. Your Work: means: a. work or operations performed by you or on your behalf; and b. materials, parts or equipment furnished in connection with such work or operations. 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work," and b. the providing of or failure to provide warnings or instructions. EXCLUSIONS This Coverage Agreement does not apply: A. to liability assumed by a member under an expressed or implied contract or agreement except an incidental contract as defined herein or inter -local agreements with other governmental entities; B. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any automobile operated by or rented or loaned to any member; 2. any other automobile operated by any person in the course of his employment by any member; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the member or the ways immediately adjoining, If such automobile is not owned by or rented or loaned to any member; 3. any vehicle while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; C. to bodily injury or property damage arising out of: 1. the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity; 2. the operation or use of any trailer designed for use therewith; or 3. the ownership, maintenance, operation, or use of a water theme park; 4. Inflatable Amusement Devices. FMIT CA 1013 Page 9 of 18 D. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any watercraft used in law enforcement over fifty two (52) feet in length or thirty five (35) feet in length for all other watercraft; 2. any passenger while in or upon, entering or alighting from any watercraft, however, this exclusion does not apply to a watercraft you do not own that is not being used to carry persons or property for a charge; or 3. barge or lighter rented by the member to others with respect to which the member does not furnish employees to operate and does not have any operating control; 4. any watercraft while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; 5. any watercraft or structure being used as an artificial reef or similar purpose; 6. any marina operation owned, leased or operated by the member. E. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any aircraft owned or operated by or rented or loaned to any member; 2. any other aircraft operated by any person in the course of his employment by any member; but this exclusion does not apply to aircraft while parked on premises owned by, rented to or controlled by the member; to any liability arising out of or caused or contributed to by any maintenance, operation, use or control of or responsibility for any airfield, airport, runway, hangar, building or other property or facility designed for, used, connected, associated or affiliated with or in any way related to aviation or aviation activities or operations; provided that liability for services performed or premises located at or on any airfield, airport or aviation facility not directly related to aviation activities or operations, and not covered by any other liability insurance, shall not be excluded from coverage by this exclusion; G. any claim for bodily injury, property damage (including the loss of use thereof), personal injury or advertising injury caused by, contributed to or arising out of the actual or threatened discharge, dispersal, disposal, leaching, migration, seepage, release, or escape of pollutants and/or contaminates into or upon the land, the atmosphere or any course or body of water, whether above or below ground. However, this exclusion does not apply to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which bums outside the area intended to be or which becomes uncontrollable. H. any damages arising out of the ingestion, inhalation or absorption of lead in any form. Any loss, cost or expense arising out of any: 1. request, demand or order that any "member" or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of lead; or 2. claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead. I. any damages from the process of continued surface and/or subsurface degradation and deterioration of lead based paint that has been applied to any surface of any building whether considered commercial or residential. J. to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion and revolution, or to any act or condition incident to any of the foregoing; WIT CA 1013 Page 10 of 18 K. to any obligation for which any member or any carrier as his insurer may be held liable under any social security, workers compensation, employers liability, unemployment compensation or disability benefits law, or under any similar law including any claims under the Americans with Disabilities Act; L. to bodily injury to any employee of the designated member arising out of and in the course of his or her employment by the designated member or to any obligation of a member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the designated member under an incidental contract. This exclusion shall include any liability incurred by a member as a result of an alleged wrongful employment practice, M. to property damage to property owned or occupied by, leased, or rented to a member; N. to property damage to premises alienated by the member arising out of such premises or any part thereof; O. to loss of use of tangible property which has not been physically injured or destroyed resulting from a delay in lack of performance by or on behalf of the member of any contract or agreement; P. to property damage to the member's products arising out of such products or any part of such products; to property damage to work performed by or on behalf of the member arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; and to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the member's products or work completed by or for the member or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; Q. to any liability from the member's completed operations arising out of: 1. loss of sales, customers or profits suffered by a person or entity affected by the actions of the member or its agents including any damages sustained by such person or entities by virtue of a business interruption; or 2, loss resulting from theft of any property which at the time of loss is not an integral part of a building or structure including direct loss by pillage and looting occurring during and at the immediate place of a riot or civil commotion; R. to any liability arising in whole, or in part out of: 1. any act or omission of a member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property; 2. any member obtaining remuneration or financial gain to which the member was not legally entitled; 3. the willful violation of any federal, state or local law, ordinance or regulation committed by or with the knowledge or consent of any member; or 4. violation of public trust; S. to any liability arising out of or in any way connected with the operation of the principals of eminent domain, condemnation proceedings, inverse condemnation or takings law, by whatever name called, whether permanent or temporary, including but not limited to, claims arising out of federal, state or local land use, environmental, air, ground or water pollution, or health, safety and welfare laws, ordinances or regulations, or claims arising from activities by or on behalf of a designated member which result in permanent or temporary WIT CA 1013 Page 11 of 18 loss of use or value of property, whether such liability accrues directly against the member, or by virtue of any agreement entered into by or on behalf of the member; however, this exclusion does not apply to bodily injury, property damage or personal injury resulting from a claim against the designated member for inverse condemnation or claims arising from Ch. 95-181, (mown as the Bert Harris Act, Laws of Florida, as may be amended from time to time; the limit of liability for inverse condemnation claims or claims arising from Ch. 95-181, known as the Bert Harris Act, Laws of Florida, as may be amended from time to time, shall be the amount $300,000 aggregate per fund year, subject to a deductible of $5,000.00 per occurrence or the deductible/self insured retention described on the Declarations Page, whichever is greater. T. to any liability for injury, sickness, disease, death or destruction due to the rendering of or failure to render any professional service by any doctor, surgeon, dentist, nurse, physician's assistant, paramedic, emergency medical technician or other medical professional of a designated member; U. to any liability arising out of or in connection with or caused or contributed to by any failure or inability to supply, in whole or in part, any adequate quantity or quality of power, steam, pressure or fuel. Fuel includes, but is not limited to natural gas, heating oil and propane; V. to any liability arising out of or caused or contributed to by or connected with any actual or alleged violation of the Employee Retirement Income Security Act of 1974 (Public Law 93- 406) or any amendment thereto or any similar provision of any local, state or federal law, statutory or common; W. to any liability arising out of or caused or contributed to by any failure, breakage, inadequacy, maintenance of, design of and/or water overflow of any natural or man-made, including but not limited to: any dam, dyke, levee, reservoir, water barrier, ditches, canals, gates, aqueducts, sewers, water sheds, channels, culverts, or drains; X to any liability for fines, punitive or exemplary damages; or any non compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti- discrimination, or racketeer influence and corrupt organization (RICO) laws; Y. to any damages imposed by special act of the Legislature; Z. to any "bodily injury" or "property damage: with respect to which a "member" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "member" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. FMIT CA 1013 Page 12 of 18 a. under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. b. under any Liability Coverage, to °bodily injury' or "property damage" resulting from "hazardous properties" of "nuclear material" if: (1) the "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, a "member" or (b) has been discharged or dispersed therefrom; (2) the "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed or, by or on behalf of a "member"; or (3) the "bodily injury" or "property damage" arises out of the furnishing by a "member" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility' and any property thereat 2. as used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by- product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: a.. any "nuclear reactor'; b. any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; C. any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "member" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium FMIT CA 1013 Page 13 of 18 or uranium 233 or any combination thereof, or more than 250 grams of uranium 235: or d. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste'; and includes the site on which any of the foregoing is located, all operations conducted onsuch site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. AA. to personal injury arising out of any publication or utterance described in sub -paragraph V 3 of the definition of Personal Injury contained in the Definition section of this Agreement (a) if the first injurious publication or utterance of the same or similar material by or on behalf of the designated member was made prior to the effective date of this coverage; (b) concerning any organization or business enterprise, or its products or services, made by or at the direction of any member with knowledge of the falsity thereof; BB. to any liability arising out of errors and omissions as defined herein; CC. to bodily injury or property damage for which the designated member or his indemnitee may be held liable; 1. as an entity or organization engaged in manufacturing, distributing, selling or serving alcoholic beverages; or 2. if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed a. by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverages; or b. by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person. 3. causing or contributing to the intoxication of any person. This exclusion does not apply and coverage is afforded under the Agreement for bodily injury or property damage claims or liability resulting from the providing or serving of alcoholic beverages without charge to the public at functions incidental to a designated member's business or activity otherwise covered under the Agreement or any endorsement to the Agreement; DD. to any claim, demand or action seeking injunctive, declaratory, writ of mandamus, or any other non -monetary relief against a designated member or any of its agents; EE. to any liability arising out of any actual or alleged sexual action, sexual abuse, communicable disease or employment related claim. However, this exclusion does not apply and coverage is afforded under this Agreement to bodily injury or personal injury liability which may accrue against the "Designated Member" as defined within the "Definition" section; FMIT CA 1013 Page 14 of 18 FF. to any liability for injury, loss or damage sustained by any person or entities arising from or in anyway involving asbestos or other products containing asbestos or to asbestosis or any other disease including mesothelioma and cancer related to asbestos exposure nor any liability for costs or expenses incurred in removing, cleaning up or nullifying such asbestos product; It is understood and agreed that the intent and effect of this exclusion is to delete from all coverages afforded by this Agreement any loss, cost, or expense arising out of any governmental direction, order or request that the member test for, monitor, cleanup, remove, contain, treat, detoxify or neutralize asbestos or asbestos products. GG. to any liability arising out of errors and omissions as defined herein or other negligent or wrongful act committed in the administration of any employee benefits program as defined herein, for present or former employees of the designated member; HH. to any liability arising out of or caused by or contributed to or connected with alleged violation of the following: 1. Federal "Fair Labor Standards Act'. 2. Chapter 447, Florida Statutes. 3. Drivers Privacy Protection Act of 1994 4. National Labor Relations Act. 5. Worker Adjustment and Retraining Notification Act 6. Consolidated Omnibus Budget Reconciliation Act of 1985. 7. Occupational Safety and Health Act II. any claim requesting return or reimbursement of a special assessment, tax, service charge, fine or fee or any other payment or overpayment to the designated member or member; JJ. to any claim for attomeys' fees or costs for any action not covered by this Agreement; KK. to any damages which accrued or occurred prior to the effective date of this Agreement notwithstanding the date of the occurrence; LL. advertising injury arising out of: 1. Failure of performance of contract, but this exclusion does not apply to the unauthorized appropriation of ideas upon alleged breach of implied contract, or 2. Infringement of trademark, service mark, or trade name, other than titles or slogans, by use thereof or in connection with goods, products or services sold, offered for sale, or advertised, or 3. Incorrect description or mistake in advertising price of goods, products or services sold, offered for sale or advertised. Also, with respect to advertising injury: 1. to any member in the business of advertising, broadcasting, or telecasting, or 2. to any injury arising out of any act committed by the member with actual malice. MM. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of: 1. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: a. any of the following, whether belonging to any insured or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) FMIT CA 1013 Page 15 of 18 Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or b. any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. 2. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. NN. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, for which any designated member or member under this Agreement may be hell liable arising out of the actual or threatened occurrence, growth, release, transmission, migration, dispersal or exposure to any micro-organisms, biological organisms, bioaerosols or organic containments, including but not limited to mold, spores and/or fungus; 1. resulting from any actual or threatened exposure to, inhalation, absorption or ingestion of, or physical contact with mold, spores and/or fungus; 2. resulting from any actual or threatened mold, spores, and/or fungus upon any real property or personal property, product or work, premises, site or location, or any other tangible property, or any designated member or member or any other person(s) or organization(s), located anywhere in the world; 3. resulting from any loss, cost or expense for any testing, monitoring, clean-up, treatment or removal, or neutralization of mold, spores and/or fungus, OQ A to "any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism" or an 'other act of terrorism". However, with respect to an 'other act of terrorism", this exclusion applies only when one or more of the following are attributed to such act: the total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 2. fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. physical injury that involves a substantial risk of death; or b. protracted and obvious physical disfigurement; or C. protracted loss of or impairment of the function of a bodily member or organ; or 3. the terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 4. the terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 5. pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. FMIT CA 1013 Page 16 of 18 With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident B. the following definitions are added: for the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury"," injury" or "environmental damage" as may be defined in any applicable Coverage Part 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a "certified act of terrorism": a. The act resulted in aggregate losses in excess of $5 million; and b. The act is a violent act or an act that is dangerous to human life, property or infra -structure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act of 2002. Multiple incidents of an "other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a "certified act of terrorism" or an "other act of terrorism" that is not subject to this exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. The Trust will pay for bodily injury or property damage caused directly by contact with herbicides or pesticides sprayed by the member into the air. This coverage extension does not apply to bodily injury or property damage as described in Exclusion G of the Florida Municipal Insurance Trust Coverage Agreement The limit of liability under this coverage extension is the amount of liability described in the General/Professional liability section of the Declaration Page or $1,000,000 aggregate per fund year, whichever is the lesser amount, subject to any deductible/self insured retention described on FMIT CA 1013 Page 17 of 18 the Declarations Page. OTHER INSURANCE The coverage afforded by this Agreement is primary, except when stated to apply in excess of or contingent upon the absence of other insurance. When this coverage is primary and the member has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Trust's liability under this Agreement shall not be reduced by the existence of such other insurance. If all other valid and collectible insurance provides for contribution by equal shares, the Trust shall not be liable for a greater proportion of such loss than would be payable if each party contributes an equal share until the share of each party equals the lowest applicable limit of liability under any one policy or coverage agreement or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining parties then continue to contribute equal shares of the remaining amount of the loss until each such party has paid its limit in full or the full amount of the loss is paid. If any such other insurance does not provide for contribution by equal shares, the Trust shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of all valid and collectible insurance against such loss. FMIT CA 1013 Page 18 of 18 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY BROAD FORM PROPERTY DAMAGE ENDORSEMENT I. The Coverage Agreement is amended to include the following additional coverage: A. Exclusion M is deleted; B. Coverage is provided for property damage to property occupied, used by or rented to the designated member, C. Property damaged while in the care, custody and control of the member and for which the member is exercising direct physical control; D. Damage to property for which work has been performed by the employees of the designated member arising out of the work performed or any portion thereof, or out of materials, parts or equipment that is furnished by the designated member; and E. Property that is loaned to the designated member and the member is exercising direct physical control over that property. II. The most we will pay for loss under this coverage is a maximum of $500,000.00 in any Trust year commencing with the effective date of this coverage. FMIT BFPD 1010 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY EXTRA CONTRACTUAL LEGAL EXPENSE COVERAGE ENDORSEMENT ADMINISTRATIVE PROCEEDINGS The Coverage Agreement is amended to include the following additional coverages: A. The Trust will reimburse the designated member fifty percent (50%) of the Legal Fees it paid an Attorney up to a maximum of twenty-five thousand dollars ($25,000) per Covered Action, up to one hundred thousand dollars ($100,000) in the aggregate for the coverage year, when such fees are incurred by any of the designated member's Public Officers and paid by the designated member in regard to a Covered Action that alleged wrongdoing of the Public Officers. This coverage is subject to the following conditions: 1. Coverage for the Covered Action does not arise elsewhere in the Agreement nor is it excluded by any provisions of the Agreement; 2. The Public Officer's conduct that gave rise to the Covered Action occurred while he or she was lawfully acting in his or her Official Capacity; 3. Coverage is specifically excluded for any Covered Action occurring outside the effective dates of this endorsement; 4. This coverage shall exclude reimbursement for any fines or penalties against the Public Officer resulting from a Covered Action. Additionally, the Trust will not reimburse the designated member's Legal Fees if the Public Officer is found to have breached the public trust, is otherwise found to have committed the violations alleged in the Covered Action; or voluntarily enters a negotiated settlement with the governing administrative tribunal under which the Public Officer is sanctioned in any form for wrongdoing; and 5. The designated member provides the Trust such documentation as is reasonably required to substantiate the Legal Fees incurred by the Public Officer and paid by the Designated Member. II. The Definitions Section of the Agreement is amended to include the following additional definitions which shall apply exclusively to this endorsement: "Attorney" means a person admitted by the Supreme Court of Florida to practice law in Florida and who is a member in good standing of The Florida Bar. "Attomey" excludes the member's city attorney or customary chief legal adviser. "Covered Action" means any administrative proceeding before the Florida Public Employees Relation Commission, the State of Florida Commission on Human Relations, the Federal Equal Employment Opportunity Commission, any ethics proceeding before the State of Florida Commission on Ethics or an ethics proceeding before any local ethics commission created by charter or ordinance which has jurisdiction over the alleged misconduct Covered Action shall include related appeals arising from any of the underlying administrative proceedings described herein. "Ethics Proceeding" means any proceeding designed to dispose of an ethics complaint initiated in the State of Florida Commission on Ethics or initiated in any local ethics FMIT ECLE 1013 Page 1 of 2 commission created by the charter or ordinance, alleging a Public Officer or group of Public Officers committed a breach of public trust, but excluding any portion of such proceeding prior to the issuance of an initial Determination of Investigative Jurisdiction and Order to Investigate by the Florida Commission on Ethics or the equivalent thereof by a local ethics commission. "Legal Fees" means the reasonable and related fees and costs charged to a public officer by an Attorney engaged in the practice of law. "Official Capacity" means the capacity of a Public Officer while lawfully acting for or on behalf of the designated member, or while lawfully acting in aid of the duties or functions which come within the scope of the Public Officer's office or employment. "Public Officer" means any officer or employee of the designated member that satisfies the definition of "local officer' under §112.3145(1)(a), Florida Statutes, including but not limited to: anyone elected to any political subdivision of Florida or appointed to fill an elected office vacancy; any appointed member of any boards, councils, commissions, authorities, or other bodies of any county, municipal, school district, independent special district or other political subdivision of Florida; members of expressway and transportation authority boards; code enforcement boards; boards with power to create or modify land planning or zoning requirements within a political subdivision (excluding citizen advisory committees, technical coordinating committees, and such other planning and zoning groups who only have the power to make recommendations to planning or zoning boards); pension boards; any local board that has a self-imposed requirement to file full or limited public disclosure of financial interests; a mayor; a city manager or other chief administrative officer of a city, officers and officials of companies that contractually serve as chief city administrators of a city; a city attorney; a chief building inspector; an environmental or pollution control director; an administrator With power to grant or deny a land development permit; a city clerk; and a purchasing agent with authority to make purchases in excess of $20,000. WIT ECLE 1013 Page 2 of 2 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY FIRE LEGAL LIABILITY ENDORSEMENT FIRE LEGAL LIABILITY— REAL PROPERTY The Trust will pay for property damage to buildings, or parts thereof, which you rent from another, or which are loaned to you, if the property damage is caused by fire for which you are legally liable. Buildings include fixtures permanently attached thereto. All of the exclusions otherwise applicable to property damage do not apply to this coverage. However, the Trust does not cover: 1. liability arising under any contract or agreement to indemnify any person or organization for damage by fire to the premises; or 2. liability arising out of property damage: a. which is expected by, directed by, or intended by the insured; or b. that is the result of intentional or malicious acts of the insured. 3. the limit of property damage liability as respects this Fire Legal Liability Coverage — Real Property is $500,000 each occurrence unless otherwise stated in the schedule of this endorsement. 4. The Fire Legal Liability Coverage — Real Property shall be excess over any valid and collectible property insurance (including any deductible portion thereof), available to the member, such as, but not limit to, Fire, Extended Coverage, Builders' Risk Coverage or Installation Risk Coverage, and the "Other Insurance" Condition of the Agreement is amended accordingly. FMIT FILL 1012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY MEDICAL ATTENDANTS'/MEDICAL DIRECTORS' MALPRACTICE LIABILITY ENDORSEMENT The Coverage Agreement is amended to include the following additional coverage A. It is agreed that the Trust will pay on behalf of the member all sums which the member becomes legally obligated to pay as damages because of injury to any person arising out of the rendering or failure to render, during the period of this Agreement, professional services by one of the designated member's Medical Attendants and Medical Director designated pursuant to Section 401.265, Florida Statutes. The Trust shall have the right and duty to defend any suit against the member seeking such damages, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and such settlement of any claim or suit as it deems expedient, but the Trust shall not be obligated to pay any claim or any judgment or to defend any suit after the applicable limit of the Trust's liability has been exhausted by payment of judgments or settlements. it. EXCLUSIONS This coverage does not apply to: A. Any dishonest, fraudulent, criminal or malicious act or omissions of the member, any partner or employee, any intentional misconduct or intentional act; B. Liability of the designated member as an employer of others or as the proprietor, superintendent or executive officer of any hospital, sanitarium, clinic with bed and board facilities, or other business enterprise; C. To professional services rendered by physicians and/or nurses; however, this exclusion does not apply to a Medical Director designated pursuant to Section 401.265, Florida Statutes, when said Director is acting within the scope and in furtherance of the duties of the Medical Director as outlined in Section 401.265, Florida Statutes. D. To any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. Any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) Any of the following, whether belonging to any insured or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (1) Any other computerized or electronic equipment or components; or (2) Any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. WIT MA 1007 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY ERRORS AND OMISSIONS LIABILITY ENDORSEMENT This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to liability for Public Officials Errors and Omissions as set forth below: It is agreed that as of the effective date hereof, the Agreement is amended in the following particulars: The Coverage Agreement is amended to include the following additional coverage: The Trust will pay all sums a member becomes legally obligated to pay to any person other than the member by reason of "Errors and Omissions" as defined in the agreement committed by a member acting in his official capacity which takes place during the period of this Agreement, subject to all terms, conditions, exclusions and limits of liability of the Agreement and this endorsement. III. The Definition Section is amended to include the following additional definitions which shall apply exclusively to this endorsement A. Member for purposes of coverage under this endorsement shall not include any of the following individuals, boards, commissions, authorities, units or administrative departments or agencies of: 1. Schools 2. Airports 3. Hospitals B. Official Capacity means the capacity of a member while lawfully acting for or on behalf of the designated member, or while lawfully acting in aid of the duties or functions which come within the scope of the member's employment by the designated member. IV. The Exclusion Section of the Agreement is amended as follows for this endorsement: A. Exclusion L of the Agreement is amended to read: L. to bodily injury to any employee of the designated member arising out of and in the course of employment by the designated member or to any obligation of a member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the designated member under an incidental contract B. Exclusion BB of the Agreement is deleted. C. The following additional exclusions are included for purposes of this endorsement only; and this endorsement does not apply to claims for liability as to any member arising out of the following: based upon or attributable to any member gaining in fact any profit or advantage to which such member was not legally entitled, including remuneration paid in violation of law as determined by the courts; FMIT EO 1013 Page 1 of 5 2. brought about or contributed to by fraud, dishonesty, or bad faith of a member; however, notwithstanding the foregoing, the member shall be protected under the terms of this Agreement as to any claims upon which suit may be brought against them by reason or any alleged fraud or dishonesty on the part of any member, unless a judgment or other final adjudication thereof adverse to such member shall establish that acts of active or deliberate dishonesty or fraud committed by such member was material to the cause of action so adjudicated; 3. to any (a) liability arising out of estimates of probable costs or cost estimates being exceeded or faulty preparation of bid specifications, or plans, or (b) injury to, destruction or disappearance of any tangible property (including money) or the loss of use thereof; 4. any claim demand or action seeking relief, or redress, in any form other than money damages, and any costs, fees, expenses or attorneys' fees relating to such claims; 5. to any obligation for which a member becomes obligated to pay future wages as a result of any alleged wrongful employment practice liability or employee benefits program liability. 6. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) any of the following, whether belonging to any member or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual -problems described in paragraph a. above. V. Under this endorsement, coverage is provided for any violation of Constitutional Rights of any person which creates a cause of action for damages by or on behalf of any such person under any one or more of the following Civil Rights Statutes: United States Code, Title 42, Section 1982 United States Code, Title 42, Section 1983 United States Code, Title 42, Section 1985 United States Code, Title 42, Section 1986 United States Code, Title 42, Section 12101 (ADA) United States Code, Title 29, Section 2601, et seq. (FMLA) Civil Rights Act of 1991 VI. Coverage afforded by this endorsement is extended to include claims filed against a designated member or member for wrongful Employment Practices, including claims arising before the Florida Public Employees Relation Commission, the State of Florida Commission on Human Relations and the Federal Equal Employment FMIT EO 1013 Page 2 of 5 Opportunity Commission,subject to the terms, conditions and exclusions of this endorsement and the terms, conditions and exclusions of the agreement. FMIT EO 1013 Page 3 of 5 EMPLOYEE BENEFITS -PROGRAM ADMINISTRATION LIABILITY ENDORSEMENT The endorsement issued by the Trust extends and modifies the provision of the Agreement relating to liability for the administration of employee benefits programs as set forth below: The Coverage Agreement is amended to include the following additional coverage: The Trust will pay all sums a member becomes legally obligated to pay by reason of "Errors and Omissions" as defined in the Agreement, or other negligent act, committed in the administration of the designated members' employee benefits for present or former employees, which take place during the period of this Agreement, subject to the terms, conditions, exclusions and limits of liability of the Agreement and this endorsement. II. The Definition Section is amended to include the following additional definitions which shall apply exclusively to this endorsement: A. "Member" in this endorsement means only the designated member and individuals serving on boards or commissions for the purpose of administering employee benefits programs, acting within the scope of their authority by or on behalf of the designated member except as excluded herein. B. "Administration", wherever used, in this endorsement shall mean: 1. Giving counsel to employees, dependants and beneficiaries with respect to the "Employee Benefit Programs"; 2. Interpreting the "Employee Benefit Programs", 3. Handling of records in connection with the "Employee Benefit Programs'; 4. Effecting enrollment, termination or cancellation of employees under the "Employee Benefit Programs"; provided all such acts are authorized by the "Designated Member". III. The Exclusions Section of the Agreement is amended as follows for this endorsement: A. Exclusion GG is deleted. B. The following additional exclusions are included for purposes of this endorsement only; and this endorsement does not apply to claims for liability as to any member arising out of the following: 1. As a result of dishonest, intentionally fraudulent, criminal or malicious acts or omissions of any member, however, this exclusion shall not apply to any member who did not: a) Personally participate in committing any such act or omission; or b) Remain passive after having personal knowledge of any such act or omission. 2. As a result of an intentional violation of any Workers' Compensation, Unemployment Insurance, Social Security or Disability Benefits law or administrative interpretation of such laws. 3. As a result of the failure to provide benefits because said benefits are not properly funded or the Trust's failure to comply with the terms of its contract 4. As a result of advice given to any employee to participate or not to participate in any Stock Subscription, Individual Retirement Account, or Salary Reduction Plan. FMIT EO 1013 Page 4 of 5 5. As a result of the investment or non -investment of employee benefit funds. 6. As a result of the failure of any investment to perform as predicted or expected by a member. 7. As a result of the termination or failure of any employee benefit plan. 8. As a result of fines, taxes or penalties imposed by law or other matters for which coverage may not be available under law. 9. To any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. Any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) any of the following, whether belonging to any member or to others: (a) Computer application software, (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. 10. To any claim which results from an activity, act or omission of a third party administrator, a firm or person, other than an employee of the Designated Member, who administers the designated member's employee benefit Program. 11. To any claim for benefits that are lawfully paid or payable to a beneficiary from the funds of an "Employee Benefit Program". 12. To any claim that results from not having adequate insurance or bonds to protect the assets of an "Employee Benefit Program". 13. Based upon changes in the ultimate cost or level any benefit program available to any Employee of the Designated Member or changes made to any benefit program resulting from efforts of the Designated Member to comply with any tax laws or other laws which result in changes to the benefits available to any Employee of the Designated Member. FMIT EO 1013 Page 5 of 5 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY LAW ENFORCEMENT LIABILITY ENDORSEMENT This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to Law Enforcement Liability as set forth below: It is agreed that as of the effective date hereof the Agreement is amended in the following particulars: This Agreement will provide coverage for losses, including personal injury, arising out of the course and scope of law enforcement and includes, but is not limited to, false arrest, detention, malicious prosecution, excessive farce and assault and battery. FMIT LE 1007 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SPECIFIC EXCESS ENDORSEMENT -GENERAL LIABILITY This endorsement, when issued by the Florida Municipal Insurance Trust, does not in any way modify the provisions of the Coverage Agreement. It does extend the monetary limits of liability, as stated in the Limits of Liability in the Declarations, as set forth below: It is agreed that the specific limits of liability are $ 5,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5) Florida Statutes or liability imposed pursuant to Federal Law, or to any liability resulting from actions taken outside of the State of Florida where it is determined by a court of competent jurisdiction that the liability limitations contained in Section 768.28(5), Florida Statutes, are inapplicable, if such liability is covered by the Agreement. The limits provided herein are inclusive of the $200,000 each person and $300,000 each occurrence liability limitations contained in Section 768.28 (5), Florida Statutes, but in no way exceed $ 5,000,000 (combined single limit) per occurrence. Exclusion Y is amended as follows: To any damages imposed by an act of the legislature, except for claims bills passed by the legislature pursuant to Section 768.28(5), Florida Statutes, against a member, for damages covered under the terms of this Agreement FMIT SE GL 1012 Page 1 of 1 INFORMATION SECURITY & PRIVACY INSURANCE WITH ELECTRONIC MEDIA LIABILITY COVERAGE This Agreement only affords coverage under those insuring agreements below that are indicated as purchased as shown in the Declarations. The Trust agrees with the Member, set forth in Item 1. of the Declarations made a part hereof, in consideration of the payment of the premium and reliance upon the statements in the Application to this Insurance Agreement (hereinafter referred to as the "Agreement" or "Insurance") and subject to all the provisions, terms and conditions of this Agreement: INSURING AGREEMENTS A. Information Security & Privacy Liability To pay on behalf of the Member: Damages and Claims Expenses, in excess of the Retention, which the Member shall become legally obligated to pay because of any Claim, including a Claim for violation of a Privacy Law, first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X. of this Agreement, for: 1. theft, loss, or Unauthorized Disclosure of Personally Identifiable Non -Public Information or Third Party Corporate Information that is in the care, custody or control of the Member Organization, or a third party for whose theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information or Third Party Corporate Information the Member Organization is legally liable (a third party shall include a Business Associate as defined by the Health Insurance Portability and Accountability Act ("HIPAA")), provided such theft, loss or Unauthorized Disclosure first takes place on or after the Retroactive Date and before the end of the Agreement Period; 2. one or more of the following acts or incidents that directly result from a failure of Computer Security to prevent a Security Breach, provided that such act or incident first takes place on or after the Retroactive Date and before the end of the Agreement Period; (a) the alteration, corruption, destruction, deletion, or damage to a Data Asset stored on Computer Systems; (b) the failure to prevent transmission of Malicious Code from Computer Systems to Third Party Computer Systems; or (c) the participation by the Member Organization's Computer System in a Denial of Service Attack directed against a Third Party Computer System; 3. the Member Organization's failure to timely disclose an incident described in I.A.1. or I.A.2. above in violation of any Breach Notice Law; provided such Incident giving rise to the Member Organization's obligation under a Breach Notice Law must first take place on or after the Retroactive Date and before the end of the Agreement Period; failure by the Member to comply with that part of a Privacy Policy that specifically: (a) prohibits or restricts the Member Organization's disclosure, sharing or selling of a person's Personally Identifiable Non -Public Information; FMIT PNL 1012 Page 1 of 21 (b) requires the Member Organization to provide access to Personally Identifiable Non -Public Information or to correct incomplete or inaccurate Personally Identifiable Non -Public Information after a request is made by a person; or (c) mandates procedures and requirements to prevent the loss of Personally Identifiable Non -Public Information; provided the acts, errors or omissions that constitute such failure to comply with a Privacy Policy must first take place on or after the Retroactive Date and before the end of the Agreement Period, and the Member Organization must, at the time of such acts, errors or omissions, have in force a Privacy Policy that addresses those subsections above that are relevant to such Claim; or failure by the Member to administer (a) an identity theft prevention program required by regulations and guidelines promulgated pursuant to 15 U.S.C. §1681m (e), as amended, or (b) an information disposal program required by regulations and guidelines promulgated pursuant to 15 U.S.C. §1681W, as amended, provided the acts, errors or omissions that constitute such failure must first take place on or after the Retroactive Date and before the end of the Agreement Period. B. Privacy Notification Costs To pay the Member for: Privacy Notification Costs, in excess of the Retention and incurred by the Member Organization with the Trust's prior written consent, resulting from the Member Organization's legal obligation to comply with a Breach Notice Law because of an incident (or reasonably suspected Incident) described in Insuring Agreement LAA. or I.A.2. that first takes place on or after the Retroactive Date and before the end of the Agreement Period, is discovered by the Member during the Agreement Period, and is reported to the Trust during the Agreement Period or as otherwise provided in Clause X of this Agreement. Privacy Notification Costs means the following reasonable and necessary costs incurred by the Member Organization within one (1) year of the reporting of the incident or suspected incident to the Trust: (a) To hire a computer security expert to determine the existence and cause of any electronic data breach resulting in an actual or reasonably suspected theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information which may require the Member Organization to comply with a Breach Notice Law and to determine the extent to which such information was accessed by an unauthorized person or persons; (b) For a PCI Forensic Investigator that is approved by the PCI Security Standards Council and is retained by the Member Organization in order to comply with the terms of a Merchant Services Agreement to investigate the existence and extent of an actual or suspected compromise of credit card data; and at the Trust's discretion, where a computer security expert has not been retained under Insuring Agreement I.B.1.(a), for a computer security expert to provide advice and oversight in connection with the investigation conducted by the PCI Forensic Investigator; FMIT PNL 1012 Page 2 of 21 (c) For fees charged by an attorney to determine the applicability of and actions necessary by the Member Organization to comply with Breach Notice Law due to an actual or reasonably suspected theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information and to advise the Member Organization in responding to credit card system operating regulation requirements for any actual or suspected compromise of credit card data that is required to be reported to the Member Organization's merchant bank under the terms of a Merchant Services Agreement, but this clause does not cover fees Incurred In any legal proceeding, arbitration or mediation, or any advice in responding to credit card system operating regulations after any assessment of PCI Fines and Costs; and (d) Up to USD 50,000 for a computer security expert to demonstrate the Member's ability to prevent a future electronic data breach as required by a Merchant Services Agreement; provided that amounts covered by (a), (b), (c) and (d) in this paragraph combined shall not exceed the amount set forth in the Declarations in the aggregate for the Agreement Period. 2. To provide notification (a) to individuals who are required to be notified by the Member Organization under the applicable Breach Notice Law; and (b) at the Trust's discretion, to individuals affected by an incident in which their Personally Identifiable Non -Public Information has been subject to theft, loss or unauthorized disclosure in a manner which compromises the security or privacy of such individual by posing a significant risk of financial, reputational or other harm to the individual; To provide a call center to answer calls, from individuals to whom notice of an incident is provided pursuant to Insuring Agreement I.8.2., during standard business hours for a period of up to ninety (90) days following notification (or longer if required by applicable law or regulation) of such incident Up to one hundred thousand United States dollars (USD 100,1700) for the costs of a public relations consultancy for the purpose of averting or mitigating material damage to the Member Organization's reputation, subject to twenty percent (20%) coinsurance; and. 5. In connection with a credit file monftodng program, to be approved by the Trust, consisting of: (a) the offering of one (1) year of credit monitoring services to those individuals whose Personally Identifiable Non -Public Information was compromised or reasonably believed to be compromised as a result of theft, loss or Unauthorized Disclosure of information giving rise to the notification of such individuals pursuant to Insuring Agreement I.B.2.; and (b) mailing and other reasonable third party administrative costs associated with such a program; FMIT PNL 1012 Page 3 of 21 provided, all such costs payable under this subsection 5. must be for the purpose of mitigating potential Damages resulting from such Incident. Privacy Notification Costs will only be paid in excess of the applicable Retention and shall not include any internal salary or overhead expenses of the Member Organization, C. Regulatory Defense and Penalties To pay on behalf of the Member: Claims Expenses and Penalties in excess of the Retention, which the Member shall become legally obligated to pay because of any Claim in the form of a Regulatory Proceeding, first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X. of this Agreement, resulting from a violation of a Privacy Law and caused by an incident described in Insuring Agreement I.A.1., I.A.2. or I.A.3. that first takes place on or after the Retroactive Date and before the end of the Agreement Period. D. Website Media Content Liability To pay on behalf of the Member: Damages and Claims Expenses, in excess of the Retention, which the Member shall become legally obligated to pay resulting from any Claim first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X of this Agreement, for one or more of the following acts first committed on or after the Retroactive Date and before the end of the Agreement Period in the course of Covered Media Activities: 1. defamation, libel, slander, trade libel, infliction of emotional distress, outrage, outrageous conduct, or other tort related to disparagement or harm to the reputation or character of any person or organization; 2. a violation of the rights of privacy of an individual, including false light and public disclosure of private facts; 3. invasion or interference with an individual's right of publicity, including commercial appropriation of name, persona, voice or likeness; 4. plagiarism, piracy, misappropriation of ideas under implied contract; 5. infringement of copyright; 6. infringement of domain name, trademark, trade name, trade dress, logo, title, metatag, or slogan, service mark, or service name; or 7. improperdeep-linking or framing within electronic content. E. PCI Fines and Costs To indemnify the Member for PCI Fines and Costs, in excess of the Retention, which the Member shall become legally obligated to pay because of a Claim first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X. of this Agreement. Coverage under this Insuring Agreement is limited to the amount set forth in the Declarations, and the Trust shall have no duty to defend any Claim or pay Claims Expenses with respect to any Claim under this Insuring Agreement FMIT PNL 1012 Page 4 of 21 DEFENSE AND SETTLEMENT OF CLAIMS A. The Trust shall have the right and duty to defend, subject to all the provisions, terms and conditions of this Agreement: any Claim against the Member seeking Damages which are payable under the terms of this Agreement, even if any of the allegations of the Claim are groundless, false or fraudulent; or 2. under Insuring Agreement I.C., any Claim in the form of a Regulatory Proceeding. B. With respect to any Claim against the Member seeking Damages or Penalties which are payable under the terms of this Agreement, the Trust will pay Claims Expenses incurred with their prior written consent. The Limit of Liability available to pay Damages, Penalties, or Privacy Notification Costs shall be reduced and may be completely exhausted by payment of Claims Expenses. Damages, Penalties, and Claims Expenses shall be applied against the Retention payable by the Member. C. If the Member shall refuse to consent to any settlement or compromise recommended by the Trust and acceptable to the claimant and elects to contest the Claim, the Trust's liability for any Damages, Penalties and Claims Expenses shall not exceed: 1. the amount for which the Claim could have been settled, less the remaining Retention, plus the Claims Expenses Incurred up to the time of such refusal; plus 2. fifty percent (50%) of any Claims Expenses incurred after the date such settlement or compromise was recommended to the Member plus fifty percent (50%) of any Damages above the amount for which the Claim could have been settled. The remaining fifty percent (50%) of such Claims Expenses and Damages must be bome by the Member at their own risk and uninsured; or the applicable Limit of Liability, whichever is less, and the Trust shall have the right to withdraw from the further defense thereof by tendering control of said defense to the Member. The portion of any proposed settlement or compromise that requires the Member to cease, limit or refrain from actual or alleged infringing or otherwise injurious activity or is attributable to future royalties or other amounts that are not Damages (or Penalties for Claims covered under Insuring Agreement I.C.) shall not be considered in determining the amount for which a Claim could have been settled. III. THE MEMBER AND THE MEMBER ORGANIZATION As used throughout this Agreement, whether expressed in singular or plural, "Member' shall mean: A. The Member and any Subsidiaries of the Member (together the "Member Organization"); B. A director, officer or Manager of the Member Organization, but only with respect to the performance of his or her duties as such on behalf of the Member Organization; C. An employee (including a part time or temporary employee) of the Member Organization, but only for work done while acting within the scope of his or her employment and related to the conduct of the Member Organization's business; FMIT PNL 1012 Page 5 of 21 D. A principal if the Member is a sole proprietorship, or a partner if the Member is a partnership, but only with respect to the performance of his or her duties as such on behalf of the Member Organization; E. Any person who previously qualified as an Member under III.B., III.C. or 111.0. above prior to the termination of the required relationship with the Member Organization, but only with respect to the performance of his or her duties as such on behalf of the Member Organization; IV. TERRITORY This Agreement applies to Claims made, and acts, errors or omissions committed, or Loss occurring in the United States of America, its territories and possessions, Puerto Rico and Canada. V. EXCLUSIONS The coverage under this Agreement does not apply to any Claim or Loss: A. For, arising out of or resulting from Bodily Injury or Property Damage; B. For, arising out of or resulting from any employer-employee relations, policies, practices, acts or omissions, or any actual or alleged refusal to employ any person, or misconduct with respect to employees, whether such Claim is brought by an employee, former employee, applicant for employment, or relative or domestic partner of such person; provided, however, that this exclusion shall not apply to an otherwise covered Claim under Insuring Agreements I.A.1., I.A.2., or I.A.3. by a current or former employee of the Member Organization, or to the payment of Privacy Notification Costs involving current or former employees of the Member Organization; C. For, arising out of or resulting from any actual or alleged act, error or omission or breach of duty by any director, officer or Manager in the discharge of their duty if the Claim is brought by the Member, a Subsidiary, or any principals, directors, officers, Managers, stockholders, members or employees of the Member or a Subsidiary in his or her capacity as such; D. For, arising out of or resulting from any contractual liability or obligation, or arising out of or resulting from breach of contract or agreement either oral or written, provided, however, that this exclusion will not apply: only with respect to the coverage provided by Insuring Agreement I.A.I., to any obligation of the Member Organization to maintain the confidentiality or security of Personally Identifiable Non -Public Information or of Third Party Corporate Information; 2. only with respect to Insuring Agreement I.DA., for misappropriation of ideas under implied contract; or 3. to the extent the Member would have been liable in the absence of such contract or agreement; E. For, arising out of or resulting from any liability or obligation under a Merchant Services Agreement except this exclusion does not apply to PCI Fines and Costs covered under Insuring Agreement I.E., or to Privacy Notification Costs covered under Insuring Agreement I.B.I.; F. For, arising out of or resulting from any actual or alleged antitrust violation, restraint of trade, unfair competition, or false or deceptive or misleading advertising or violation of the Sherman Antitrust Act, the Clayton Act, or the Robinson-Patman Act, as amended; FMIT PNL 1012 Page 6 of 21 G. For, arising out of or resulting from any actual or alleged false, deceptive or unfair trade practices; however this exclusion does not apply to: 1. any Claim covered under Insuring Agreements I.A.1., I.A.2., I.A.3. or I.C.; or 2. any Claim that results from a theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information, provided that no member of the Control Group participated or is alleged to have participated or colluded in such theft, loss or Unauthorized Disclosure; H. For, arising out of or resulting from: the actual or alleged unlawful collection or acquisition of Personally Identifiable Non -Public Information (except as otherwise covered under Insuring Agreement I.A.5.) or other personal information by, on behalf of, or with the consent or cooperation of the Member Organization; or the failure to comply with a legal requirement to provide individuals with the ability to assent to or withhold assent (e.g. opt -In or opt -out) from the collection, disclosure or use of Personally Identifiable Non -Public Information; provided, that this exclusion shall not apply to the actual or alleged unlawful collection or acquisition or retention of Personally Identifiable Non -Public Information by a third party committed without the knowledge of the Member Organization; or 2. the distribution of unsolicited email, direct mail, or facsimiles, wire tapping, eavesdropping, audio or video recording, or telemarketing, if such distribution, wire tapping or recording is done by or on behalf of the Member Organization; For, arising out of or resulting from any act, error, omission, incident, failure of Computer Security, or Security Breach committed or occurring prior to the inception date of this Agreement: 1. if any member of the Control Group on or before the Continuity Date knew or could have reasonably foreseen that such act, error, omission, incident, failure of Computer Security, or Security Breach might be expected to be the basis of a Claim or Loss; or 2. in respect of which any Member has given notice of a circumstance, which might lead to a Claim or Loss, to the Trust of any other Agreement in force prior to the inception date of this Agreement; For, arising out of or resulting from any related or continuing acts, errors, omissions, incidents or events where the first such act, error, omission, incident or event was committed or occurred prior to the Retroactive Date; K. For, arising out of or resulting from any of the following: any actual or alleged violation of the Organized Crime Control Act of 1970 (commonly known as Racketeer Influenced and Corrupt Organizations Act or RICO), as amended, or any regulation promulgated there under or any similar federal law or legislation, or law or legislation of any state, province or other jurisdiction similar to the foregoing, whether such law Is statutory, regulatory or common law; any actual or alleged violation of any securities law, regulation or legislation, including but not limited to the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Act of 1940, any state or provincial blue sky or securities law, any other federal securities law or legislation, or any other similar law or legislation of any state, province or other jurisdiction, or any amendment to the above laws, or any violation of any order, ruling or regulation issued pursuant FMIT PNL 1012 Page 7 of 21 to the above laws; 3. any actual or alleged violation of the Fair Labor Standards Act of 1938, the National Labor Relations Act, the Worker Adjustment and Retraining Act of 1988, the Certified Omnibus Budget Reconciliation Act of 1985, the Occupational Safety and Health Act of 1970, any similar law or legislation of any state, province or other jurisdiction, or any amendment to the above law or legislation, or any violation of any order, ruling or regulation issued pursuant to the above laws or legislation; or 4. any actual or alleged discrimination of any kind including but not limited to age, color, race, sex, creed, national origin, marital status, sexual preference, disability or pregnancy; However, this exclusion does not apply to any otherwise covered Claim under Insuring Agreements I.A.1, I.A.2, or I.A.3, or to paying Privacy Notification Costs covered under Insuring Agreement I.B., that results from a theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information, provided that no member of the Control Group participated, or is alleged to have participated or colluded, in such theft, loss or Unauthorized Disclosure; L. For, arising out of or resulting from any actual or alleged acts, errors, or omissions related to any of the Member Organization's pension, healthcare, welfare, profit sharing, mutual or investment plans, funds or trusts, including any violation of any provision of the Employee Retirement Income Security Act of 1974 (ERISA) or any similar federal law or legislation, or similar law or legislation of any state, province or other jurisdiction, or any amendment to ERISA or any violation of any regulation, ruling or order issued pursuant to ERISA or such similar laws or legislation; however this exclusion does not apply to any otherwise covered Claim under Insuring Agreements LAI, I.A.2, or I.A.3, or to paying Privacy Notification Costs covered under Insuring Agreement I.B., that results from a theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information, provided that no member of the Control Group participated, or is alleged to have participated or colluded, in such theft, loss or Unauthorized Disclosure; M. Arising out of or resulting from any criminal, dishonest, fraudulent, or malicious act, error or omission, any intentional Security Breach, intentional violation of a Privacy Policy, or intentional or knowing violation of the law, if committed by such Member, or by others if the Member colluded or participated in any such conduct or activity; provided, this Agreement shall apply to Claims Expenses incurred in defending any such Claim alleging the foregoing until such time as there is a final adjudication, judgment, binding arbitration decision or conviction against the Member, or written admission by the Member, establishing such conduct, or a plea of nolo contendere or no contest regarding such conduct, at which time the Member shall reimburse the Trust for all Claims Expenses incurred defending the Claim and the Trust shall have no further liability for Claims Expenses; provided further, that whenever coverage under this Agreement would be excluded, suspended or lost because of this exclusion relating to acts or violations by any Member, and with respect to which any other Member did not personally commit or personally participate in committing or personally acquiesce in or remain passive after having personal knowledge thereof, then the Trust agree that such insurance as would otherwise be afforded under this Agreement shall cover and be paid with respect to those Members who did not personally commit or personally participate in committing or personally acquiesce in or remain passive after having personal knowledge of one or more of the acts, errors or omissions described in above; however this exception to this exclusion is inapplicable to any Claim or circumstance that could reasonably be the basis of a Claim against the Member Organization arising from acts, errors or omissions known to any present or former member of the Control Group; FMIT PNL 1012 Page 8 of 21 N. For, arising out of or resulting from any actual or alleged: 1. Infringement of patent or patent rights or misuse or abuse of patent; 2. infringement of copyright arising from or related to software code or software products other than infringement resulting from a theft or Unauthorized Access or Use of software code by a person who is not a Related Party; 3. use or misappropriation of any ideas, trade secrets or Third Party Corporate Information (1) by, or on behalf of, the Member Organization, or (ii) by any other person or entity if such use or misappropriation is done with the knowledge, consent or acquiescence of a member of the Control Group; 4. disclosure, misuse or misappropriation of any ideas, trade secrets or confidential information that came into the possession of any person or entity prior to the date the person or entity became an employee, officer, director, Manager, principal, partner or Subsidiary of the Member Organization; or 5. under Insuring Agreement I.A.2., theft of or Unauthorized Disclosure of a Data Asset; O. For, in connection with or resulting from a Claim brought by or on behalf of the Federal Trade Commission, the Federal Communications Commission, or any other state, federal, local or foreign governmental entity, in such entity's regulatory or official capacity; provided, this exclusion shall not apply to an otherwise covered Claim under Insuring Agreement I.C., or to paying Privacy Notification Costs covered under Insuring Agreement I.B. to the extent such Privacy Notification Costs are incurred to provide services that are legally required to comply with a Breach Notice Law; P. For, arising out of or resulting from a Claim by or on behalf of one or more Members under this Agreement against any other Member or Members under this Agreement; provided, this exclusion shall not apply to an otherwise covered Claim under Insuring Agreements I.A1., I.A.2., or I.A.3. made by a current or former employee of the Member Organization; O. For, arising out of or resulting from: 1. any Claim made by any business enterprise in which any Member has greater than a fifteen percent (15%) ownership interest or made by any parent company or other entity which owns more than fifteen percent (15%) of the Member; or 2. any Member's activities as a trustee, partner, member, Manager, officer, director or employee of any employee trust, charitable organization, corporation, company or business other than that of the Member Organization; R. For, arising out of or resulting from any of the following: (1) trading losses, trading liabilities or change in value of accounts; any loss, transfer or theft of monies, securities or tangible property of others in the care, custody or control of the Member Organization; (2) the monetary value of any transactions or electronic fund transfers by or on behalf of the Member which is lost, diminished, or damaged during transfer from, into or between accounts; or (3) the value of coupons, price discounts, prizes, awards, or any other valuable consideration given in excess of the total contracted or expected amount; S. With respect to Insuring Agreements I.A., I.B., I.C. and I.E., any Claim or Loss for arising out of or resulting from the distribution, exhibition, performance, publication, display or broadcasting of content or material in: 1. broadcasts, by or on behalf of, or with the permission or direction of any Member, including but not limited to, television, motion picture, cable, satellite television and radio broadcasts; FMIT PNL 1012 Page 9 of 21 publications, by or on behalf of, or with the permission or direction of any Member, including, but not limited to, newspaper, newsletter, magazine, book and other literary form, monograph, brochure, directory, screen play, film script, playwright and video publications, and including content displayed on an Internet site; or 3. advertising by or on behalf of any Member; provided however this exclusion does not apply to the publication, distribution or display of the Member Organization's Privacy Policy; With respect to Insuring Agreement I.D., any Claim or Loss: 1. for, arising out of or resulting from the actual or alleged obligation to make licensing fee or royalty payments, including but limited to the amount or timeliness of such payments; 2. for, arising out of or resulting from any costs or expenses incurred or to be incurred by the Member or others for the reprinting, reposting, recall, removal or disposal of any Media Material or any other information, content or media, Including any media or products containing such Media Material, information, content or media; 3. brought by or on behalf of any intellectual property licensing bodies or organizations, including but not limited to, the American Society of Composers, Authors and Publishers, the Society of European Stage Authors and Composers or Broadcast Music, Inc.; 4. for, arising out of or resulting from the actual or alleged inaccurate, inadequate or incomplete description of the price of goods, products or services, cost guarantees, cost representations, or contract price estimates, the authenticity of any goods, products or services, or the failure of any goods or services to conform with any represented quality or performance; 5. for, arising out of or resulting From any actual or alleged gambling, contest, lottery, promotional game or other game of chance; or 6. in connection with a Claim made by or on behalf of any independent contractor, joint venturer or venture partner arising out of or resulting from disputes over ownership of rights in Media Material or services provided by such independent contractor, joint venturer or venture partner; U. Arising out of or resulting from, directly or indirectly occasioned by, happening through or in consequence of: war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority; V. Either in whole or in part, directly or indirectly, arising out of or resulting from or in consequence of, or in any way involving: 1. asbestos, or any materials containing asbestos in whatever form or quantity; 2. the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, molds, spores or mycotoxins of any kind; any action taken by any party In response to the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of fungi, molds, spores or mycotoxins of any kind, such action to include investigating, testing for, detection FMIT PNL 1012 Page 10 of 21 of, monitoring of, treating, remediating or removing such fungi, molds, spores or mycotoxins; and any governmental or regulatory order, requirement, directive, mandate or decree that any party take action in response to the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of fungi, molds, spores or mycotoxins of any kind, such action to include investigating, testing for, detection of, monitoring of, treating, remediating or removing such fungi, molds, spores or mycotoxins; The Trust will have no duty or obligation to defend any Member with respect to any Claim or governmental or regulatory order, requirement, directive, mandate or decree which either in whole or in part, directly or indirectly, arises out of or results from or in consequence of, or in any way involves the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, molds, spores or mycotoxins of any kind; 3. the existence, emission or discharge of any electromagnetic field, electromagnetic radiation or electromagnetism that actually or allegedly affects the health, safety or condition of any person or the environment, or that affects the value, marketability, condition or use of any property; or 4. the actual, alleged or threatened discharge, dispersal, release or escape of Pollutants; or any governmental, judicial or regulatory directive or request that the Member or anyone acting under the direction or control of the Member test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant including gas, acids, alkalis, chemicals, heat, smoke, vapor, soot, fumes or waste. Waste includes but is not limited to materials to be recycled, reconditioned or reclaimed. VI. DEFINITIONS A. Application means all applications, including any attachments thereto, and all other information and materials submitted by or on behalf of the Member to the Trust in connection with the underwriting of this Agreement, or prior Agreements of which this Agreement is a renewal thereof. B. Bodily Injury means physical injury, sickness, disease or death of any person, including any mental anguish or emotional distress resulting there from. C. Breach Notice Law means any United States federal, state or territory statute or regulation that requires notice to persons whose Personally Identifiable Non -Public Information was accessed or reasonably may have been accessed by an unauthorized person. Breach Notice Law also means a foreign statute or regulation that requires notice to persons whose Personally Identifiable Non -Public Information was accessed or reasonably may have been accessed by an unauthorized person; however, the credit monitoring program provided by Insuring Agreement I.B.S. shall not apply to persons notified pursuant to any such foreign statute or regulation. D. Claim means: a written demand received by any Member for money or services, including the service of a suit or institution of regulatory or arbitration proceedings; with respect to coverage provided under Insuring Agreement I.C. only, institution of a Regulatory Proceeding against any Member; and FMIT PNL 1012 Page 11 of 21 3. a written request or agreement to toll or waive a statute of limitations relating to a potential Claim described in paragraph 1. above. Multiple Claims arising from the same or a series of related or repeated acts, errors, or omissions, or from any continuing acts, errors, omissions, or from multiple Security Breaches arising from a failure of Computer Security, shall be considered a single Claim for the purposes of this Agreement, irrespective of the number of claimants or Members involved in the Claim. All such Claims shall be deemed to have been made at the time of the first such Claim. E. Claims Expenses means: 1. reasonable and necessary fees charged by an attorney designated pursuant to Clause II., Defense and Settlement of Claims, paragraph A.; 2. all other legal costs and expenses resulting from the investigation, adjustment, defense and appeal of a Claim, suit, or proceeding arising in connection therewith, or circumstance which might lead to a Claim, if incurred by the Trust, or by the Member with the prior written consent of the Trust; and 3. the premium cost for appeal bonds for covered judgments or bonds to release property used to secure a legal obligation, if required in any Claim against a Member; provided the Trust shall have no obligation to appeal or to obtain bonds. Claims Expenses do not include any salary, overhead, or other charges by the Member for any time spent in cooperating in the defense and investigation of any Claim or circumstance that might lead to a Claim notified under this Agreement, or costs to comply with any regulatory orders, settlements orjudgments. F. Computer Security means software, computer or network hardware devices, as well as the Member Organization's written information security policies and procedures, the function or purpose of which is to prevent Unauthorized Access or Use, a Denial of Service Attack against Computer Systems, infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems. Computer Security includes anti-virus and intrusion detection software, firewalls and electronic systems that provide access control to Computer Systems through the use of passwords, biometric or similar identification of authorized users. G. Computer Systems means computers and associated input and output devices, data storage devices, networking equipment, and back up facilities: 1. operated by and either owned by or leased to the Member Organization; or 2. systems operated by a third party service provider and used for the purpose of providing hosted computer application services to the Member Organization or for processing, maintaining, hosting or storing the Member Organization's electronic data, pursuant to written contract with the Member Organization for such services. H. Continuity Date means (i) the date stated in the Declarations with respect to the Member and any Subsidiaries acquired before the dale stated in the Declarations; or (ii) with respect to any Subsidiaries acquired after the date stated in the Declarations, the date the Member acquired such Subsidiary. I. Control Group means the individuals holding the following positions In the Member Organization: Mayor and other elected officials and Chief Financial Officer; General Counsel, staff attorneys employed by the Member Organization; Chief Information Officer; Chief Privacy Officer; and any individual in a substantially similar position as those referenced above, or with substantially similar responsibilities as those referenced FMIT PNL 1012 Page 12 of 21 above, irrespective of the exact title of such individual, and any individual who previously held any of the above referenced positions. Covered Media Activities means the display of Media Material on the Member Organization's web site. K. Damages means a monetary judgment, award or settlement; provided that the term Damages shall not include or mean: 1. future profits, wages, restitution, disgorgement of unjust enrichment or profits by a Member, or the costs of complying with orders granting injunctive or equitable relief; 2. return or offset of fees, charges, or commissions charged by or owed to a Member for goods or services already provided or contracted to be provided; 3. any damages which are a multiple of compensatory damages, fines, taxes or loss of tax benefits, sanctions or penalties; 4. punitive or exemplary damages, unless insurable by law in any applicable venue that most favors coverage for such punitive or exemplary damages; 5. discounts, coupons, prizes, awards or other incentives offered to the Member's customers or clients; 6, liquidated damages to the extent that such damages exceed the amount for which the Member would have been liable in the absence of such liquidated damages agreement; 7. fines, costs or other amounts an Member is responsible to pay under a Merchant Services Agreement; or 6. any amounts for which the Member is not liable, or for which there is no legal recourse against the Member. L. Data Asset means any software or electronic data that exists in Computer Systems and that is subject to regular back up procedures, including computer programs, applications, account information, customer information, private or personal information, marketing information, financial information and any other Information maintained by the Member Organization in its ordinary course of business. M. Denial of Service Attack means an attack intended by the perpetrator to overwhelm the capacity of a Computer System by sending an excessive volume of electronic data to such Computer System in order to prevent authorized access to such Computer System. N. Loss means Damages, Claims Expenses, Privacy Notification Costs, Penalties and PCI Fines and Costs. O. Malicious Code means any virus, Trojan horse, worm or any other similar software program, code or script intentionally designed to Insert itself into computer memory or onto a computer disk and spread itself from one computer to another. P. Manager means a manager of a limited liability company. O. Media Material means any information in electronic form, including words, sounds, numbers, images, or graphics and shall Include advertising, video, streaming content, web -casting, online forum, bulletin board and chat room content, but does not mean computer software or the actual goods, products or services described, illustrated or displayed in such Media Material. FMIT PNL 1012 Page 13 of 21 R. Merchant Services Agreement means any agreement between a Member and a financial institution, credittdebit card company, credit(debit card processor or independent service operator enabling a Member to accept credit card, debit card, prepaid card, or other payment cards for payments or donations. S. Member, as used herein means: 1. the designated member, 2. while acting within the scope of his employment, any officer (except constitutional officers), volunteer, servant, or employee of the designated member, including elected and appointed officials, and members of Boards or Commissions. However, the coverage so provided any officer, servant, or employee does not apply to bodily injury to another officer, servant or employee of the designated member injured in the course of and arising out of his employment. The coverage afforded applies separately to each member against whom claim is made or suit is brought, except with respect to the limits of liability of the Trust; and does not apply to bodily injury or property damage or personal injury liability arising out of the conduct of any partnership or joint venture of which a member is a partner or participant and which is not specified in this Agreement as a designated member. T. Optional Extension Period means the period of time after the end of the Agreement Period for reporting Claims as provided in Clause IX, Optional Extension Period, of this Agreement. U. PCI (Payment Card Industry) Fines and Costs means the direct monetary fines and penalties owed by the Member Organization under the terms of a Merchant Services Agreement, but only where such fines or penalties result both from the Member Organization's actual or alleged noncompliance with published PCI Data Security Standards and from a data breach caused by an incident (or reasonably suspected incident) described in Insuring Agreement I.A.I. or I.A.2.; provided, PCI Fines and Costs shall not include, any charge backs, interchange fees, discount fees, or other service related fees, rates or charges. V. Penalties means 1. any civil fine or money penalty payable to a governmental entity that was imposed in a Regulatory Proceeding by the Federal Trade Commission, Federal Communications Commission, or any other federal, state, local or foreign governmental entity, In such entity's regulatory or official capacity; the insurability of Penalties shall be in accordance with the law in the applicable venue that most favors coverage for such Penalties; and 2. amounts which the Member is legally obligated to deposit in a fund as equitable relief for the payment of consumer claims due to an adverse judgment or settlement of a Regulatory Proceeding (including such amounts required to be paid into a "Consumer Redress Fund"); but and shall not include payments to charitable organizations or disposition of such funds other than for payment of consumer claims for losses caused by an event covered by Insuring Agreements I.A.1., I.A.2. or I.A.1; but shall not mean (a) costs to remediate or improve Computer Systems, (b) costs to establish, implement, maintain, improve or remediate security or privacy practices, procedures, programs or policies, (c) audit, assessment, compliance or reporting costs, or (d) costs to protect the confidentiality, integrity and/or security of Personally Identifiable Non -Public Information from theft, loss or disclosure, even if it is in response to a regulatory proceeding or investigation. FMIT PNL 1012 Page 14 of 21 W. Personally Identifiable Non -Public Information means: 1. information concerning the individual that constitutes "nonpublic personal information" as defined in the Gramm -Leach Bliley Act of 1999, as amended, and regulations issued pursuant to the Act; 2. medical or health care Information concerning the individual, including "protected health information" as defined in the Health Insurance Portability and Accountability Act of 1996, as amended, and regulations issued pursuant to the Act; 3. information concerning the individual that is defined as private personal information under statutes enacted to protect such information in foreign countries, for Claims subject to the law of such jurisdiction; 4. information concerning the individual that is defined as private personal information under a Breach Notice Law; or 5. the Individual's drivers license or state identification number; social security number; unpublished telephone number; and credit, debit or other financial account numbers in combination with associated security codes, access codes, passwords or pins; if such information allows an Individual to be uniquely and reliably identified or contacted or allows access to the Individual's financial account or medical record information but does not include publicly available information that is lawfully made available to the general public from government records. X. Agreement Aggregate Limit of Liability means the aggregate Limit of Liability set forth in the Declarations. Y. Agreement Period means the period of time between the inception date shown in the Declarations and the effective date of termination, expiration or cancellation of this Agreement and specifically excludes any Optional Extension Period or any prior Agreement Period or renewal period. Z. Privacy Law means a federal, state or foreign statute or regulation requiring the Member Organization to protect the confidentiality and/or security of Personally Identifiable Non - Public Information. AA. Privacy Policy means the Member Organization's public declaration of its policy for collection, use, disclosure, sharing, dissemination and correction or supplementation of, and access to, Personally Identifiable Non -Public Information, BB. Property Damage means physical injury to or destruction of any tangible property, including the loss of use thereof. CC. Regulatory Proceeding means a request for information, civil investigative demand, or civil proceeding commenced by service of a complaint or similar proceeding brought by or on behalf of the Federal Trade Commission, Federal Communications Commission, or any federal, state, local or foreign governmental entity in such entity's regulatory or official capacity in connection with such proceeding. DD. Retention means the applicable retention for each Insuring Agreement as specified in the Declarations. EE. Related Party means the Member Organization and any past, present or future employees, directors, officers, Managers, partners or natural person independent contractors of the Member Organization. FMIT PNL 1012 Page 15 of 21 FF. Retroactive Date means the date specified in the Declarations. GG. Security Breach means: Unauthorized Access or Use of Computer Systems, including Unauthorized Access or Use resulting from the theft of a password from a Computer System or From any Member; 2. a Denial of Service Attack against Computer Systems or Third Party Computer Systems; or 3. infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems, whether any of the foregoing is a specifically targeted attack or a generally distributed attack. A series of continuing Security Breaches, related or repeated Security Breaches, or multiple Security Breaches resulting from a continuing failure of Computer Security shall be considered a single Security Breach and be deemed to have occurred at the time of the first such Security Breach. HH. Third Party Computer Systems means any computer systems that: (1) are not owned, operated or controlled by a Member; and (2) does not include computer systems of a third party on which a Member performs services. Computer systems include associated input and output devices, data storage devices, networking equipment, and back up facilities. Third Party Corporate Information means any trade secret, data, design, interpretation, forecast, formula, method, practice, credit or debit card magnetic strip information, process, record, report or other item of information of a third party not insured under this Agreement which is not available to the general public and is provided to the Member subject to a mutually executed written confidentiality agreement or which the Member Organization is legally required to maintain in confidence; however, Third Party Corporate Information shall not include Personally Identifiable Non -Public Information. JJ, Unauthorized Access or Use means the gaining of access to or use of Computer Systems by an unauthorized person or persons or the use of Computer Systems in an unauthorized manner. KK. Unauthorized Disclosure means the disclosure of (including disclosure resulting from phishing) or access to information in a manner that is not authorized by the Member Organization and is without knowledge of, consent, or acquiescence of any member of the Control Group, VII. LIMIT OF LIABILITY A. The Agreement Aggregate Limit of Liability stated in the Declarations is the Trusts combined total limit of liability for all Loss payable under this Agreement. The limit of liability stated In the Declarations is aggregate limit of liability payable under this Agreement for all Privacy Notification Costs covered under Insuring Agreement I.B. The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Penalties covered under Insuring Agreement I.C. FMIT PNL 1012 Page 16 of 21 The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Damages covered under Insuring Agreement I. D. The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all PCI Fines and Costs covered under Insuring Agreement I.E. The above limit of liability is part of, and not in addition to, the Agreement Aggregate Limit of Liability stated in the Declarations. Neither the inclusion of more than one Member under this Agreement, nor the making of Claims by more than one person or entity shall increase the Limit of Liability. B. The Limit of Liability for the Optional Extension Period shall be part of and not in addition to the Agreement Aggregate Limit of Liability. C. The Trust shall not be obligated to pay any Loss, or to undertake or continue defense of any suit or proceeding, after the Agreement Aggregate Limit of Liability or any other applicable limit of liability set forth in the Declarations has been exhausted by payment of Loss, or after deposit of the Agreement Aggregate Limit of Liability or any other applicable limit of liability in a court of competent jurisdiction. Upon such payment, the Trust shall have the right to withdraw from the further defense of any Claim under this Agreement by tendering control of said defense to the Member. VIII. RETENTION A. The Retention amount set forth in the Declarations applies separately to each incident, event, or related incidents or events, giving rise to a Claim. The Retention shall be satisfied by monetary payments by the Member of Damages, Claims Expenses, or Penalties. B. The Retention amount set forth in the Declarations applies separately to each Incident, event, or related incidents or events, giving rise to an obligation to pay Privacy Notification Costs. The Retention shall be satisfied by monetary payments by the Member of Privacy Notification Costs. C. The Retention amount set forth in the Declarations applies separately with respect to each Claim for one or more of the acts listed in Insuring Agreement I.D. in the course of the Member Organization's performance of any Covered Media Activities, including Claims Expenses. D. The Retention amount set forth in the Declarations applies separately to each incident, event, or related incidents or events, giving rise to an obligation to pay PCI Fines and Costs. E. Satisfaction of the applicable Retention is a condition precedent to the payment by the Trust of any amounts hereunder, and the Trust shall be liable only for the amounts in excess of such Retention subject to the Trust's total liability not exceeding the Agreement Aggregate Limit of Liability or any applicable Limit of Liability. The Member shall make direct payments within the Retention to appropriate other parties designated by the Trust. IX. OPTIONAL EXTENSION PERIOD A. In the event of the termination of this Agreement for any reason except the non-payment of premium, the Member designated in the Declarations shall have the right, upon payment in full and not proportionally or otherwise in part of the percentage shown in the Declarations of the full Premium set forth below, to have issued an endorsement FMIT PNL 1012 Page 17 of 21 providing an Optional Extension Period for the period of time set forth In the Declarations for Claims first made against any Member and reported to the Trust during the Optional Extension Period, and arising out of any act, error or omission committed on or after the Retroactive Date and before the end of the Agreement Period, subject to the conditions set forth herein. In order for the Member to Invoke the Optional Extension Period option, the payment of the additional premium for the Optional Extension Period must be paid to the Trust within thirty (30) days of the termination of this Agreement. If notice of election of the Optional Extension Period and full premium payment is not given to the Trust within such thirty (30) day period, there shall be no right to purchase the Optional Extension Period. B. The Limit of Liability for the Optional Extension Period shall be part of, and not in addition to, the Agreement Aggregate Limit of Liability and the exercise of the Optional Extension Period shall not in any way increase the Agreement Aggregate Limit of Liability or any limit of liability. The Optional Extension Period does not apply to Insuring Agreement I. B. C. The right to the Optional Extension Period shall not be available to the Member where the Agreement premium has not been paid in full, or where cancellation or non -renewal by the Trust Is due to non-payment of premium or failure of an Member to pay such amounts in excess of the applicable limit of liability or within the amount of the applicable Retention. D. All notices and premium payments with respect to the Optional Extension Period option shall be directed to the Trust through the entity named in the Declarations. E. At the commencement of the Optional Extension Period the entire premium shall be deemed earned, and in the event the Member terminates the Optional Extension Period for any reason prior to its natural expiration, the Trust will not be liable to return any premium paid for the Optional Extension Period. X. NOTICE OF CLAIM, LOSS OR CIRCUMSTANCE THAT MIGHT LEAD TO A CLAIM A. If any Claim is made against the Member, the Member shall give prompt written notice to the Trust through persons named in the Declarations of such Claim in the form of a telecopy, email, or express or certified mail together with every demand, notice, summons or other process received by the Member or the Member's representative. In no event shall such notice to the Trust be later than the end of the Agreement Period, the end of the Optional Extension Period (if applicable), or thirty (30) days after the expiration date of the Agreement Period in the case of Claims first made against the Member during the last thirty (30) days of the Agreement Period. B. With respect to Insuring Agreement I.B. for a legal obligation to comply with a Breach Notice Law because of an incident (or reasonably suspected incident) described in Insuring Agreement I.A.1. or I.A.2., such incident or reasonably suspected incident must be reported promptly during the Agreement Period after discovery by the Member; provided, however, that unless the Member cancels the Agreement, or the Trust cancel for non-payment of premium, incidents discovered by the Member within sixty (60) days prior to expiration of the Agreement shall be reported promptly, but in no event later than sixty (60) days after the end the Agreement Period; provided further, that if this Agreement is renewed by the Trust and covered Privacy Notification Costs are incurred because of such incident or suspected incident that was discovered by the Member within sixty (60) days prior to the expiration of the Agreement, and first reported during the sixty (60) day post Agreement Period reporting period, then any subsequent Claim arising out of such incident or suspected Incident is deemed to have been made during the Agreement Period. C. If during the Agreement Period, the Member first becomes aware of any circumstance that could reasonably be the basis for a Claim it may give written notice to the Trust in the FMIT PNL 1012 Page 18 of 21 form of a telecopy, email or express or certified mail through persons named in the Declarations as soon as practicable during the Agreement Period. Such notice must include: 1. the specific details of the act, error, omission, or Security Breach that could reasonably be the basis for a Claim; 2. the injury or damage which may result or has resulted from the circumstance; and 3. the facts by which the Member first became aware of the act, error, or omission or Security Breach. Any subsequent Claim made against the Member arising out of such circumstance which is the subject of the written notice will be deemed to have been made at the time written notice complying with the above requirements was first given to the Trust. An incident or reasonably suspected incident reported to Trust during the Agreement Period and in conformance with Clause XB shall also constitute notice of a circumstance under this Clause XC. D. A Claim or legal obligation under paragraph A. or B. above shall be considered to be reported to the Trust when written notice is first received by the Trust in the form of a telecopy, email or express or certified mail or email through persons named in the Declarations of the Claim or legal obligation, or of an act, error, or omission, which could reasonably be expected to give rise to a Claim if provided in compliance with paragraph C. above XI. ASSISTANCE AND COOPERATION A. The Trust shall have the light to make any investigation they deem necessary, and the Member shall cooperate with the Trust in all investigations, including investigations regarding the Application for and coverage under this Agreement. The Member shall execute or cause to be executed all papers and render all assistance as is requested by the Trust. The Member agrees not to take any action which in any way increases the Trust's exposure under this Agreement B. Upon the Trust's request, the Member shall assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Member because of acts, errors or omissions, incidents or events with respect to which insurance is afforded under this Agreement; and the Member shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. C. The Member shall not admit liability, make any payment, assume any obligations, incur any expense, enter into any settlement, stipulate to any judgment or award or dispose of any Claim without the written consent of the Trust, except as specifically provided in Clause Il., Defense and Settlement of Claims, paragraph D. Compliance with a Breach Notice Law will not be considered as an admission of liability for purposes of this Clause XI.C. D. Expenses incurred by the Member in assisting and cooperating with the Trust do not constitute Claims Expenses under the Agreement. XII. SUBROGATION If any payment is made under this Agreement and there is available to the Trust any of the Member's rights of recovery against any other party, then the Trust shall maintain all such rights of recovery. The Member shall execute and deliver Instruments and papers and do whatever FMIT PNL 1012 Page 19 of 21 else is necessary to secure such rights. The Member shall do nothing after an incident or event giving rise to a Claim or Loss to prejudice such rights. Any recoveries shall be applied first to subrogation expenses, second to Loss paid by the Trust, and lastly to the Retention. Any additional amounts recovered shall be paid to the Member. XIII. OTHER INSURANCE The insurance under this Agreement shall apply in excess of any other valid and collectible Insurance available to any Member, including any self insured retention or deductible portion thereof unless such other insurance is written only as specific excess insurance over the Agreement Aggregate Limit of Liability or any other applicable Limit of Liability of this Agreement XIV. ACTION AGAINST THE TRUST No action shall lie against the Trust or the Trust's representatives unless and until, as a condition precedent thereto, the Member shall have fully complied with all provisions, terms and conditions of this Agreement, and the amount of the Member's obligation to pay shall have been finally determined either by judgment or award against the Member after trial, regulatory proceeding, arbitration or by written agreement of the Member, the claimant, and the Trust. No person or Organization shall have the right under this Agreement to join the Trust as a party to an action or other proceeding against the Member to determine the Member's liability, nor shall the Trust be impleaded by the Member or the Member's legal representative. The Member's bankruptcy or insolvency or of the Member's estate shall not relieve the Trust of their obligations hereunder. XV. ENTIREAGREEMENT By acceptance of the Agreement, all Members agree that this Agreement embodies all agreements between the Trust and the Member relating to this Agreement. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Agreement or stop the Trust from asserting any right under the terms of this Agreement; nor shall the terms of this Agreement be waived or changed, except by endorsement issued to form a part of this Agreement signed by the Trust. XVI. ASSIGNMENT The interest hereunder of any Member is not assignable. If the Member shall die or be adjudged incompetent, such Agreement shall cover the Member's legal representative as the Member as would be permitted under this Agreement. XVII. SINGULAR FORM OF A WORD Whenever the singular form of a word is used herein, the same shall include the plural when required by context. XVIII, HEADINGS The titles of paragraphs, sections, provisions or endorsements of or to this Agreement are intended solely for convenience and reference, and are not deemed in any way to limit or expand the provisions to which they relate and are not part of the Agreement. XIX. WARRANTY BY THE MEMBER By acceptance of this Agreement, all Members agree that the statements contained in the Application are their agreements and representations, that they shall be deemed material to the risk assumed by the Trust, and that this Agreement is issued in reliance upon the truth thereof. Furthermore, Member agrees there shall be no coverage under this part until Member delivers an executed declaration (on a form to be provided by the Trust) expressly stating that it has made a good faith consideration of its past and present activities and operations and it has no reasonable FMIT PNL 1012 Page 20 of 21 basis to believe any claim, fact or circumstance exists nor has ever existed which might give rise to coverage under this part. XX. AUTHORIZATION By acceptance of this Agreement, the Member agree that the Member will act on their behalf with respect to the giving and receiving of any notice provided for in this Agreement, the payment of premiums and the receipt of any return premiums that may become due under this Agreement, and the agreement to and acceptance of endorsements. FMIT PNL 1012 Page 21 of 21 FIRST PARTY COMPUTER SECURITY COVERAGE ENDORSEMENT This endorsement modifies the Agreement provided under the following: INFORMATION SECURITY & PRIVACY INSURANCE WITH ELECTRONIC MEDIA LIABILITY COVERAGE The General/Professional Liability coverage agreement Declarations is amended to include the following: Clause I., Insuring Agreements, is amended to include: Cyber Extortion To indemnify the Member for: Cyber Extortion Loss, in excess of the Retention, incurred by the Member Organization as a direct result of an Extortion Threat first made against the Member Organization during the Agreement Period by a person, other than the Member Organization's employees, directors, officers, principals, trustees, governors, Managers, members, management committee members, members of the management board, partners, contractors, outsourcers, or any person in collusion with any of the foregoing. Coverage under this Insuring Agreement is subject to the applicable conditions and reporting requirements, including those set forth in Clause XXX., Obligations In The Event of an Extortion Threat. G. First Party Data Protection To Indemnify the Member for: Data Protection Loss, in excess of the Retention, incurred by the Member Organization as a direct result of: 1. alteration, corruption, destruction, deletion or damage to a Data Asset, or 2. inability to access a Data Asset, that first takes place during the Agreement Period and is directly caused by a failure of Computer Security to prevent a Security Breach; provided that such Security Breach must take place on or after the Retroactive Date and before the end of the Agreement Period. H. First Party Network Business Interruption To indemnify the Member for: Business Interruption Loss, in excess of the applicable Retention, incurred by the Member Organization during the Period of Restoration or the Extended Interruption Period (if applicable) as a direct result of the actual and necessary interruption or suspension of Computer Systems that first takes place during the Agreement Period and is directly caused by a failure of Computer Security to prevent a Security Breach; provided that such Security Breach must first take place on or after the Retroactive Date and before the end of the Agreement Period. 2. Clause V., Exclusions, is amended to include: EXT -A With respect to Insuring Agreements I.F., I.G. and I.H., for, arising out of or resulting from any criminal, dishonest, fraudulent, or malicious act, error or omission, any Security Breach, Extortion Threat, or intentional or knowing violation of the law, if committed by FMIT PNLX 1012 Page 1 of 10 any member of the Control Group or any person in participation or collusion with any member of the Control Group; EXT—B With respect to Insuring Agreements I.G. and I.H., arising out of or resulting from: any failure or malfunction of electrical or telecommunications infrastructure or services, provided that this exclusion shall not apply to any otherwise covered Claim or Loss arising out of failure of Computer Security to prevent a Security Breach that was solely caused by a failure or malfunction of telecommunications infrastructure or services under the Member Organization's direct operational control; 2. fire, flood, earthquake, volcanic eruption, explosion, lighting, wind, hail, tidal wave, landslide, act of God or other physical event; or 3. any satellite failures; EXT—C With respect to Insuring Agreement I. F., arising out of or resulting from: any threat to physically harm or kidnap any person; or any threat to harm, take, or transfer property other than any Data Asset, even if such threat is made in conjunction with a threat to a Data Asset or by carrying out such threat to, harm, theft, or transfer, a Data Asset may be damaged, corrupted, altered, taken, disseminated or transferred; or EXT—D Arising out of or resulting from any seizure, nationalization, confiscation, or destruction of Computer Systems or Data Assets by order of any governmental or public authority. 3. Clause VI., Definitions, paragraphs F., G. and N. are hereby deleted in their entirety and replaced by: Computer Security means software, computer or network hardware devices, the function or purpose of which is to prevent Unauthorized Access or Use, a Denial of Service Attack against Computer Systems, infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems. Computer Security Includes antivirus and Intrusion detection software, firewalls and electronic systems that provide access control to Computer Systems through the use of passwords, biometric or similar identification of authorized users. With respect to Insuring Agreements I.A., I.B., and I.C. only, Computer Security also means the Member Organization's written information security policies and procedures, the function or purpose of which Is to prevent Unauthorized Access or Use, a Denial of Service Attack against Computer Systems, infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems. G. Computer Systems means computers and associated input and output devices, data storage devices, networking equipment, and back up facilities: 1. operated by and either owned by or leased to the Member Organization; 2. operated by a third party service provider and used for the purpose of providing hosted computer application services to the Member Organization or for processing, maintaining, hosting or storing the Member Organization's electronic data, pursuant to written contract with the Member Organization for such services; and 3. with respect to Insuring Agreement I.H. only, operated by a third party service provider and used for the purpose of providing hosted computer application services to the Member Organization or for processing, maintaining, hosting or storing the Member Organization's electronic data, pursuant to written contract FMIT PNLX 1012 Page 2 of 10 with the Member Organization for such services, provided such coverage is subject to the limit of liability set forth in the Declarations. N. Loss means Damages, Claims Expenses, Privacy Notification Costs, PCI Fines and Costs, Cyber Extortion Loss, Business Interruption Loss, Data Protection Loss and Penalties. 4. Clause VI., Definitions, is amended to include: FPC -A Business Interruption Loss means the total of: Income Loss and Extra Expense during the Period of Restoration; and 2. Extended Income Loss if the Income Loss during the Period of Restoration is in excess of the applicable Retention. Provided that Business Interruption Loss shall not mean and Insuring Agreement I.G. shall not cover any of the following: Loss arising out of any liability to any third party for whatever reason; legal costs or legal expenses of any type; Loss incurred as a result of unfavorable business conditions, loss of market or any other consequential loss; or costs or expenses the Member Organization incurs to identify and remove software program errors or vulnerabilities. All Business Interruption Loss resulting from multiple covered interruptions or suspensions of Computer Systems that arise out of the same or a continuing Security Breach, from related or repeated Security Breaches, or from multiple Security Breaches resulting from a failure of Computer Security shall be deemed to be a single Business Interruption Loss; provided, however, that a separate Waiting Period shall apply to each Period of Restoration. FPC -B Cyber Extortion Loss means: 1, any Extortion Payment that has been made under duress by or on behalf of the Member Organization with Trusts prior written consent, but solely to prevent or terminate an Extortion Threat and in an amount that does not exceed the covered Damages and Claims Expenses that would have been incurred had the Extortion Payment not been paid; 2. an otherwise covered Extortion Payment that is lost in transit by actual destruction, disappearance or wrongful abstraction while being conveyed by any person authorized by or on behalf of the Member Organization to make such conveyance;and 3, fees and expenses paid by or on behalf of the Member Organization for security consultants retained with Trust prior written approval, but solely to prevent or terminate an Extortion Threat. FPC -C Data Protection Loss means: with respect to any Data Asset that is altered, corrupted, destroyed, deleted or damaged the actual, reasonable and necessary costs and expenses incurred by the Member Organization to restore a Data Asset from back-ups or from originals or to gather, assemble and recollect such Data Asset from other sources to the level or condition in which it existed immediately prior to its alteration, corruption, destruction, deletion or damage; or 2. with respect to any Data Asset that the Member Organization is unable to access, the lesser of the actual, reasonable and necessary costs and expenses incurred by the Member Organization to: FMIT PNLX 1012 Page 3 of 10 (a) regain access to such Data Asset; or (b) restore such Data Asset from back-ups or originals or gather, assemble and recollect such Data Asset from other sources, to the level or condition in which it existed immediately prior to the Member Organization's inability to access it; Provided that if such Data Asset cannot reasonably be accessed, restored, gathered, assembled or recollected, then Data Protection Loss means the actual, reasonable and necessary costs and expenses incurred by the Member Organization to reach this determination. Provided further that Data Protection Loss shall not exceed, and shall not mean, any amount in excess of the amount by which the net profit before income taxes of the Member Organization would have decreased had the Member Organization failed to restore, gather, assemble or recollect as set forth in sub -paragraphs FPC -C.1. and FPC - C.2. above. A Data Protection Loss will be deemed to occur at the time such alteration, corruption, destruction, deletion or damage to or inability to access a Data Asset is first discovered by the Member. All Data Protection Loss that arises out of the same or a continuing Security Breach, from related or repeated Security Breaches, or from multiple Security Breaches resulting from a failure of Computer Security shall be deemed to be a single Data Protection Loss. Data Protection Loss shall not mean, and there shall be no coverage under Insuring Agreement I.G. for: 1. costs or expenses Incurred by the Member Organization to identify or remediate software program errors or vulnerabilities or update, replace, restore, gather, assemble, reproduce, recollect or enhance a Data Asset or Computer Systems to a level beyond that which existed prior to the alteration, corruption, destruction, deletion or damage of such Data Asset; 2, costs or expenses to research or develop any Data Asset, including but not limited to trade secrets or other proprietary information; 3. the monetary value of profits, royalties, or lost market share related to a Data Asset, including but not limited to trade secrets or other proprietary information or any other amount pertaining to the value of the Data Asset; 4. loss arising out of any liability to any third party for whatever reason; or 5. legal costs or legal expenses of any type. FPC -D Dependent Business means any third party service provider that provides hosted computer application services to the Member Organization or processes, maintains, hosts or stores the Member Organization's electronic data, pursuant to written contract with the Member Organization for such services. FPC -E Extended Income Loss means the Income Loss during the Extended Interruption Period FPC -F Extended Interruption Period means the period of time that: begins on the date and time that the Period of Restoration ends; and 2. terminates on the date and time the Member restores, or would have restored if the Member had exercised due diligence and dispatch, the net profit before income taxes that would have been earned by the Member directly through its FMIT PNLX 1012 Page 4 of 10 business operations had the actual and necessary interruption or suspension of Computer Systems not occurred; provided that in no event shall the Extended Interruption Period mean more than or exceed thirty (30) days. FPC -G Extortion Payment means cash, marketable goods or services demanded to prevent or terminate an Extortion Threat. FPC -H Extortion Threat means a threat to breach Computer Security in order to: 1. after, destroy, damage, delete or corrupt any Data Asset; 2. prevent access to Computer Systems or a Data Asset, including a Denial of Service Attack or encrypting a Data Asset and withholding the decryption key for such Data Asset; 3. perpetrate a theft or misuse of a Data Asset on Computer Systems through external access; 4. introduce Malicious Code into Computer Systems or to third party computers and systems from Computer Systems; or 5. interrupt or suspend Computer Systems; unless an Extortion Payment is received from or on behalf of the Member Organization. Multiple related or continuing Extortion Threats shall be considered a single Extortion Threat for purposes of this Agreement and shall be deemed to have occurred at the time of the first such Extortion Threat. FPC -I Extra Expense means: reasonable and necessary expenses that are Incurred by the Member Organization during the Period of Restoration to minimize, reduce or avoid an Income Loss, provided: (a) that such expenses are over and above those the Member Organization would have incurred had no interruption or suspension of the Computer Systems occurred, and (b) do not exceed the amount by which the Income Loss in excess of the Retention and covered under this Agreement is thereby reduced; and 2. Forensic Expenses, subject to the limit set forth in the Declarations; provided that Extra Expense shall not mean, and there shall be no coverage under Insuring Agreement I.H. for expenses incurred by the Member to update, upgrade, enhance or replace Computer Systems to a level beyond that which existed prior to the actual and necessary interruption or suspension of Computer Systems; or the costs and expenses incurred by the Member Organization to restore, reproduce, or regain access to any Data Asset that was altered, corrupted, destroyed, deleted, damaged or rendered inaccessible as a result of the failure of Computer Security to prevent a Security Breach. FPC -J Forensic Expenses means reasonable and necessary expenses incurred by the Member Organization to investigate the source or cause of the failure of Computer Security to prevent a Security Breach. FMIT PNLX 1012 Page 5 of 10 FPC -K Income Loss means: 1. the net profit before income taxes that the Member Organization is prevented from earning through its business operations or the net loss before income taxes that the Member Organization is unable to avoid through its business operations as a direct result of the actual and necessary interruption or suspension of Computer Systems; and 2. fixed operating expenses incurred by the Member Organization (including payroll), but only to the extent that a. such operating expenses must necessarily continue during the Period of Restoration (or Extended Interruption Period, if applicable); and b. such expenses would have been incurred by the Member Organization had such interruption or suspension not occurred. Income Loss shall be reduced to the extent the Member or Dependent Business (if applicable) is able, with reasonable dispatch and due diligence, to reduce or limit such interruption or suspension of Computer Systems or conduct its business operations by other means. In determining Income Loss, due consideration shall be given to the prior experience of the Member Organization's business operations before the beginning of the Period of Restoration and to the probable business operations the Member Organization could have performed had no actual and necessary interruption or suspension occurred as result of a failure of Computer Security to prevent a Security Breach. Income Loss will be calculated on an hourly basis based on the Member Organization's net profit (or loss) and fixed operating expenses as set forth above. FPC -L Period of Restoration means the time period that: 1. begins on the speck date and time that the actual and necessary interruption or suspension of Computer Systems first occurred; and 2. ends on the specific date and time that the actual and necessary interruption or suspension of Computer Systems ends, or would have ended had the Member or Dependent Business (if applicable) acted with due diligence and dispatch; provided that in no event shall the Period of Restoration mean more than or exceed thirty (30) days; and provided further that restoration of Computer Systems will not end the Period of Restoration if such systems are actually and necessarily interrupted or suspended again within one hour of such restoration due to the same cause as the original Interruption or suspension. FPC -M Waiting Period means the period of time beginning when the Period of Restoration begins and expiring after the elapse of the number of hours set forth in the Declarations. A Waiting Period shall apply to each Period of Restoration. 5. Clause VII., Limit of Liability, paragraph A. is deleted and replaced as follows: A. The Agreement Aggregate Limit of Liability stated in the Declarations is the Trust's combined total limit of liability for all Loss payable under this Agreement for all coverages combined. The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all Privacy Notification Costs covered under Insuring Agreement I.B. The limit of liability stated in Item 4.C, is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Penalties covered under Insuring Agreement I.C. FMIT PNLX 1012 Page 6 of 10 The limit of liability stated in Item AD. is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Damages covered under Insuring Agreement I.D. The limit of liability stated in Item 4.E, is the aggregate limit of liability payable under this Agreement for all PCI Fines and Costs covered under Insuring Agreement I.E. The limit of liability stated in Item 4.F. is the aggregate limit of liability payable under this Agreement for all Cyber Extortion Loss covered under Insuring Agreement I.F. The limit of liability stated in Item 4.G. is the aggregate limit of liability payable under this Agreement for all Data Protection Loss and Business Interruption Loss covered under Insuring Agreements I.G. and I.H. The above limits of liability are part of, and not in addition to, the overall Agreement Aggregate Limit of Liability. 6. Clause VII., Limit of Liability, is modified to add the following at the end thereof: D. With respect to Insuring Agreement I.H., the most the Trust will pay for: 1. covered Income Loss per hour is the amount set forth in the Declarations for Insuring Agreement I.H. as the 'Hourly limit"; the Agreement Period for all covered Forensic Expenses is the amount set forth in the Declarations for Insuring Agreement I.H. as "Forensic Expense limit", and the Agreement Period for all covered Business Interruption Loss arising out of Computer Systems operated by Dependent Businesses, is the amount set forth in the Declarations for Insuring Agreement I.H. as 'Dependent Business Interruption limit". Clause VIII., Retention, is amended to add the following at the end thereof: E. The Retention set forth in the Declarations applies separately to each Extortion Threat. The Retention shall be satisfied by monetary payments by the Member of covered Cyber Extortion Loss. F. With respect to Insuring Agreement I.G., the Retention amount set forth in the Declarations applies separately to each Security Breach. The Retention shall be satisfied by monetary payments by the Member of covered Data Protection Loss. G. With respect to Insuring Agreement I.H., the Retention set forth in the Declarations applies separately to each Security Breach. The Retention shall be satisfied by covered Business Interruption Loss retained by the Member Organization. The Retention for Insuring Agreement I.H. shall be as follows, 1. with respect to covered Income Loss, the Retention shall be the greater of: (a) the Loss amount set forth in the Declarations, less the amount of any payments within the Retention for covered Loss under Insuring Agreement I.G. made in accordance with Clause VIII., Retention, paragraph A.; or (b) the amount of Income Loss during the Waiting Period; and 2. with respect to Extra Expense, the Retention shall be USD 50,000, provided that the Retention for Extra Expense shall be reduced on a dollar -far -dollar basis (up FMIT PNLX 1012 Page 7 of 10 to LSD 50,000) by the amount of covered Income Loss in excess of the applicable Income Loss Retention. Clause X. Notice of Claim, Loss or Circumstance That Might Lead to a Claim, is modified to add the following at the end thereof: E. With respect to Insuring Agreement I.F., in the event of an Extortion Threat to which this Agreement applies, the Member Organization shall notify Trust by contacting the persons specified in the Declarations by telephone immediately upon receipt of any Extortion Threat, and shall thereafter also provide written notice by telecopy or express mail within five (5) days following the Extortion Threat. F. With respect to Insuring Agreement I.G., the Member must forward written notice by express mail or telecopy to the Trust through persons named in the Declarations immediately upon discovery of alteration, corruption, destruction, deletion or damage to or inability to access a Data Asset to which this Agreement applies; provided that all covered Data Protection Loss must be discovered and reported (in accordance with Clause XXVIII., Proof and Appraisal of Loss) to the Trust no later than six months after the end of the Agreement Period. G. With respect to Insuring Agreement I.H., the Member shall forward immediately to the Trust through persons named in the Declarations, written notice of the interruption or suspension of Computer Systems to which this Agreement applies in the form of a telecopy or express mail. Such notice must be provided during the Agreement Period, or no later than ten (10) days after the end of the Agreement Period for Interruptions or suspensions occurring within ten (10) days of the end of the Agreement Period; provided, all covered Business Interruption Loss must be reported to the Trust (in accordance with Clause XXVIII., Proof and Appraisal of Loss) no later than six (6) months after the end of the Agreement Period. The following Clauses XXVIII., )XIX and XXX are added to the Agreement: XXVIII. PROOF AND APPRAISAL OF LOSS A. Proof of Loss. With respect to Insuring Agreements I.G. and I.H., before coverage will apply, the Member must: prepare and submit to the persons named in the Declarations a written and detailed proof of loss sworn by an officer of the Member within ninety (90) days after the Member discovers a Data Protection Loss or the Member Organization sustains a Business Interruption Loss (as applicable), but in no event later than six (6) months following the end of the Agreement Period (unless such period has been extended by Trust's written consent). Such proof of loss shall Include a narrative with full particulars of such Data Protection Loss or Business Interruption Loss, Including, the time, place and cause of the Data Protection Loss or Business Interruption Loss, a detailed calculation of any Data Protection Loss or Business Interruption Loss, the Member Organization's interest and the interest of all others in the property, the sound value thereof and the amount of Data Protection Loss or Business Interruption Loss or damage thereto and all other insurance thereon; and 2. upon the Trust's request, submit to an examination under oath and provide copies of the underlying documents, data and materials that reasonably relate to or are part of the basis of the claim for such Data Protection Loss or Business Interruption Loss. FMIT PNLX 1012 Page 8 of 10 The costs and expenses of preparing and submitting a proof of loss, and establishing or proving Data Protection Loss, Business Interruption Loss or any other Loss under this Agreement shall be the Member's obligation, and are not covered under this Agreement. 8. Appraisal of Loss. If the Member and the Trust do not agree on the amount of a Loss, each party shall select and pay an appraiser or other qualified expert (the "Appraiser") to state the amount of the loss or reasonable expenses, and the Appraisers shall choose an umpire. If the Appraisers cannot agree on an umpire, the Member or the Trust may request a judge of a court having jurisdiction to make the selection. Each Appraiser shall submit the amount of the Loss or reasonable expenses to the umpire, and agreement by the umpire and at least one of the Appraisers as to the amount of a Loss shall be binding on all Members and the Trust. The Member and the Trust will equally share the costs of the umpire and any other costs other than the cost of the Appraisers. This provision shall govern only the appraisal of the amount of a Loss, and shall not control the determination of whether such Loss is otherwise covered by the Agreement. The Trust will still retain and does not waive their rights to deny coverage or enforce any obligation under this Agreement XXIX. RECOVERED PROPERTY If the Member or the Trust recovers any property, money or Data Assets after a loss payment is made, the party making the recovery must give prompt notice of the recovery to the other party. If the recovered property is money or other funds, the recovery shall be applied first to any costs incurred by the Trust in recovering the property, second to loss payments made by the Trust, and third to any Retention payment made by the Member. If property other than money or funds is recovered, then the Member may keep the recovered property and return the loss payment, plus the any costs of recovery incurred by the Trust, or keep the loss payment less the costs of recovery incurred by the Trust and transfer all rights in the property to the Trust. XXX. OBLIGATIONS IN THE EVENT OF AN EXTORTION THREAT A. Member's Duty of Confidentiality The Member shall use its best efforts at all times to ensure that knowledge regarding the existence of this insurance for Cyber Extortion Loss afforded by this Agreement is kept confidential. The Trust may terminate the insurance provided by this Agreement for Cyber Extortion Loss upon ten (10) days written notice to the Member if the existence of insurance for Cyber Extortion Loss provided by this Agreement becomes public knowledge or is revealed to a person making an Extortion Threat through no fault of the Trust. 8. Member Organization's Obligation to Investigate Extortion Threat and Avoid or Limit Extortion Payment Prior to the payment of any Extortion Payment, the Member Organization shall make every reasonable effort to determine that the Extortion Threat is not a hoax, or otherwise not credible. The Member Organization shall take all steps reasonable and practical to avoid or limit the payment of an Extortion Payment. C. Conditions Precedent As conditions precedent to this insurance for Cyber Extortion Loss under the terms of this Agreement: Member's Obligation to Demonstrate Duress FMIT PNLX 1012 Page 9 of 10 The Member Organization must be able to demonstrate that the Extortion Payment was surrendered under duress. 2. Notification of Police The Member Organization shall allow the Trust or their representative to notify the police or other responsible law enforcement authorities of any Extortion Threat. All other terms and conditions of this Agreement remain unchanged. Authorized Representative FMIT PNLX 1012 Page 10 of 10 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY CRISIS INTERVENTION EXPENSE ENDORSEMENT Subject to an annual aggregate limit of $25,000, the Trust will reimburse incurred expenses for the following crisis intervention services for a member when a Crisis occurs: (1) On-site Crisis and grief counseling for employees or officials of member who have undergone a Personal Crisis for a period of one (1) week after the Crisis occurs, (2) 24 -hours a day, 7 -days a week Crisis hotline for a period of up to three (3) months after the Crisis occurs. (3) Crisis follow-up and relapse prevention services for those employees or officials of member on an as needed basis by a licensed professional for a period of up to three (3) months after the Crisis occurs. (4) A public relations specialist to assist in handling Crisis related external communications with electronic, print, television and/or radio media for up to thirty (30) days after the Crisis occurs. For purposes of this endorsement only: Crisis occurs when an event resulting in loss of life or serious injury to others causes member employees or officials to suffer a Personal Crisis. The event causing the Personal Crisis must arise during the discharge of duties by the employee or official on behalf of member. Personal Crisis means an acute response to an event wherein homeostasis is disrupted, and one's usual coping mechanisms have failed, and there is evidence of significant stress or functional impairment as diagnosed by a licensed physician. The coverage provided by this endorsement shall be secondary to a member's employee assistance program or other employee benefit plan that provides crisis intervention or recovery services. FMIT CIE 1011 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SEWERLINE BACKUP AND INITIAL CLEANUP EXPENSE I. The Coverage Agreement is amended to include the following additional coverage: The Trust will pay for property damage expenses caused by sewerline back up from a sewerline owned and operated by the member, where the Trust determines the activities or operations on the sewerline by the member caused the backup. The backup must occur on premises not owned or rented by the member. Payments by the Trust hereunder shall be limited to initial property damage clean up expenses only and shall not apply to any other loss, bodily injury or damage to property as a result of sewedine backup. The maximum payment for sewerline cleanup expense in any Trust Year is $100,000.00. WIT SBU 1011 Page 1 of 1 I. DESIGNATED MEMBER: FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS Town of Gulf Stream Address: 100 Sea Road Gulf Stream, FL 33483 II. COVERAGE PERIOD From October 1, 2014 to October 1, 2015 12:01 A.M. Standard Time at the address of the Designated Member. III. AGREEMENT NUMBER Florida Municipal Insurance Trust (FMIT) FMIT #0228 IV. COVERAGES INCLUDED General Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Net Premium Constant Credit Premium $89,771 $200 $(11,510) $78,461 WAY October 1, 2014 Signature of Authorized Representative Date FLORIDA MUNICIPAL INSURANCE TRUST AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE DECLARATIONS I. DESIGNATED MEMBER: Town of Gulf Stream II. GOVERNMENT DESCRIPTION Municipality III. COVERAGE PERIOD Agreement No.: FMIT #0228 From 10/01/2014 to 10/01/2015 12:01 A.M. Standard Time at the address of the Designated Member Premium Deductible/ Net IV. AUTOMOBILE Basis Type Limit Premium 1. Automobile Liability Number of Vehicles 2. Uninsured Motorists Protection 3. Personal Injury Protection 4. Automobile Medical Payments 5. Automobile Physical Damage Per Schedule $0 $5,000,000 $3,267 6 N/A N/A $10,000 Included N/A N/A Per Schedule Per Schedule N/A $1,205 V. This Agreement includes these endorsements and schedules: See Schedule B VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Premium $4,472 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMITAUTO DEC 1014 Page 1 of 2 FMITAUTOMOBILE LIABILITY AND PHYSICAL DAMAGE COVERAGES October 1, 2014 - October 1, 2015 Scheduled Coverage Forms List Town of Gulf Stream, FMIT #0228 Schedule B Form # Description FMIT AUTO SCH 1002 Automobile Schedule WIT TRAG 1014 FMIT CA 1014 FMITAL 1013 FMIT PIP 1014 FMITAPD 1014 FMITARR 1009 FMIT SEAL 1012 FMITAE 1008 Trust Agreement Coverage Agreement Automobile Liability Personal Injury Protection Automobile Physical Damage Coverage Form Rental Reimbursement Coverage Specific Excess Endorsement - Automobile Liability Employer - Provided Vehicles - Automobile Liability FMITAUTO DEC 1014 Page 2 of 2 Automobile Schedule Town of Gulf Stream, EMIT#0228 10/01/2014 - 10/01/2015 Veh # Eff Date Exp Date City # Code Year Liab Make PIP Med Pay Description um Comp Ded SP Ded ID # Coil Ded Cost New Phy Dmg Total Prem 0 10/112014 10/1/2015 HIRED AUTOS $0 6619 $135 $0 $0 $0 n/a n/a n/a $0 $135 0 10/112014 1011/2015 NON OWNED AUTOS $0 6601 $135 $0 $0 $0 n1a n1a n/a $0 $135 1 10/1/2014 10/1/2015 2006 FORD F-250 TRUCK 9427 $18,883 01499 $516 $11 $0 $0 $100 n/a $250 $111 $638 2 10/1/2014 10/112015 590 2010 FORD CROWN VICTORIA 0791 $21,920 7911 $480 $14 $0 $0 $100 11/11 $250 $208 $702 3 1011/2014 10/1/2015 2011 FORD CROWN VICTORIA 8995 $27,440 7911 $480 $14 $0 $0 $100 We $250 $234 $725 4 10/1/2014 101112015 2011 FORD CROWN VICTORIA 3993 $27,440 7911 $480 $14 $0 $0 $100 n/a $250 $234 $728 5 101112014 1011/2015 2011 FORD CROWN VICTORIA 4113 $16,372 7911 $480 $14 $0 $0 $100 n/a $250 $209 5703 5 1011/2014 101112015 2011 FORD CROWN VICTORIA 4089 $17,872 7911 $480 $14 $0 $0 $100 n1a $250 $209 $703 Total Normal Premiums $3,186 $81 $0 $0 Normal Premium Net Premium $1,205 $4,472 $4,472 $4,472 Page 1 of 1 FLORIDA MUNICIPAL INSURANCE TRUST TRUST AGREEMENT THIS AGREEMENT, made and entered into this 1st day of October, 1992, by and between the Florida Municipal Insurance Trust (Trust) and all parties who are now or may hereafter become members of the Florida Municipal Insurance Trust (member), acting by and through a Board of Trustees of their own selection. These members of the Florida Municipal Insurance Trust, all local government entities, have organized and formed a trust, and have agreed to pod their liabilities pursuant to Florida law. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and obligations herein contained, which are given to and accepted by each member hereof to the other, the parties to this instrument covenant, stipulate and agree as follows: RESPONSIBILITIES OF MEMBER As a pre -requisite for participation in the Trust, each member of the Trust agrees to abide by the following terms, conditions and obligations: GENERAL CONDITIONS A. The member agrees the Board of Trustees, the governing body of the Trust, comprised entirely of local elected officials, will set up, operate and enforce its own administrative rules, regulations and by-laws as between the individual members of the Trust and shall otherwise direct the affairs of the Trust; B. The member and the Trust agree that the Board may admit as members of this Trust only acceptable employers in the state of Florida who have common governmental interest. The Board or its designee shall be sole judge of whether or not an applicant shall be admitted to membership, C. The member agrees to maintain a reasonable loss prevention program in order to provide the maximum in safety and lawful practices as such may relate to the potential liability assumed by the Trust under this Agreement or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement; D. The member agrees to provide immediate notification of such occurrence to the Trust in the event of an occurrence likely to give rise to a claim within the scope of this Agreement, or any other agreement, certificate, document or other instrument executed by the Trust and the member pursuant to this Agreement; E. The member agrees to promptly make all contributions for coverages arising under this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement at the time and in the manner directed by the Board of Trustees. Said contributions may be reduced by any discount, participation credit, or other contribution reduction program established by the Board of Trustees; F. The member agrees in the event of payment of any loss by the Trust on behalf of the member, the Trust shall be subrogated to the extent of such payment to all the rights of the member against any party or other entity, legally responsible for damages resulting from said loss, and in such event, the member hereby agrees, FMIT TRAG 1014 Page 1 of 7 on behalf of itself, its officers, employees, and agents to execute and deliver such instruments and papers as are required, to secure such right to the Trust, and to cooperate with and otherwise assist the Trust as may be necessary to effect any recovery sought by the Trust pursuant to such subrogated rights, to do whatever else is reasonably necessary to secure such right to the Trust, and to do nothing that will impair the rights of the Trust herein described. G. The member agrees the Board of Trustees, its Administrator, and any of their other agents, servants, employees or attorneys, shall be permitted at all reasonable times and upon reasonable notice to inspect the property, work places, plants, works, machinery and appliances covered pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, and shall be permitted at all reasonable times while the member participates in the Trust, to examine the members' books, vouchers, contracts, documents and records of any and every kind which show or lend to show or verify any loss that may be paid or may have been paid by the Trust on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, or which show or verify the accuracy of any contribution which is paid or payable by the member pursuant to the terms of this Agreement, or any other agreement, certification, document or any other instrument executed by the Trust and the member pursuant to this Agreement; However, neither the Trust, it's Board of Trustees, its Administrator, nor any of their agents, servants, employees or attorneys of either will have any liability to the member or others because of any inspection or failure to inspect. H. The members hereby delegate to the Board of Trustees the responsibility to contract for handling the administrative and servicing functions of the Trust. The Board may pay a reasonable fee for such, which shall be negotiated from time to time by the Board of Trustees. These fees shall be in consideration of all services and expenses contracted for with the Trust, which services or expenses may include the collecting, disbursing, and accounting for monies collected, counseling with members as to the safety hazards, claims handling and investigations, and legal services, actuarial services and accounting services and for the purpose of providing for excess insurance coverage. Books and records of all contractors employed by the Trust are to be open to inspection by the Board of Trustees or their agents at all reasonable times and as otherwise required by law; The member and the Trust agree the administrator, to be appointed by the Board, shall deposit to the account of the Trust, at any bank or banks designated by the Board, all conbibutions or other monies, as and when collected and said monies shall be disbursed only as provided by (1) the Trust's Agreement and Declaration of Trust, (2) the rules, regulations and by-laws of the Board, and (3) the Agreement between the Board and the administrator; J. The member and the Trust agree that the Trust is to defend in the name of and on behalf of the member any claims, suits or other legal proceedings which may at any time be instituted against the member on account of any liability for monetary damages, to the extent such defense and liability has been assumed by the Trust pursuant to an obligation to defend that arises under this Agreement or any other agreement, certificate, documents, or other instrument executed by the Trust and the member pursuant to this Agreement, subject to any and all of the definitions, terms, conditions and exclusions contained in said agreements, certificates, FMIT TRAG 1014 Page 2 of 7 documents or other instruments. Further, the member agrees: 1. For any occurrence resulting in a claim or suit for damages under this Agreement, the Trust, in its sole discretion, may investigate; settle; coordinate the defense of claims or counts within suits which may not be expressly covered by this Agreement but which provide strategic benefits through coordinated litigation; and/or use of any other reasonable means permitted by applicable rules of state law and attorney professional conduct, without the prior consent or approval of the member. 2. The Trust shall have no obligation to retain more than one attorney to defend all members involved in any single occurrence resulting in a claim or suit for damages covered by this Agreement. 3. The Trust shall remain in control of the defense for any occurrence resulting in a claim or suit for damages for which the Trust is obligated to provide a defense or elects to provide a defense to the member, whether covered or not covered by this Agreement, notwithstanding any of the following: a. There is more than one defendant against whom a claim or suit is brought; b. There is any real or perceived conflict between or among the Trust, any member or any defendant(s) involved in any claim or suit; C. The Trust has reserved its right to deny or limit its coverage in any claim or suit; d. The Trust or the member initiates any claim or suit against any other Trust member. 4. In the event any court of competent jurisdiction orders the Trust to provide attorney representation beyond the attorneys the Trust selects and retains, the member shall be entitled to the fees and charges for such attorney representation only to the extent of usual and customary legal fees and charges paid by the Trust for reasonably similar representation. K. The member agrees the liability of the Trust is specifically limited to the discharge of the liability of its members assumed pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement; L. The member agrees the coverage of the Trust does not apply to punitive or exemplary damages; M. The Trust shall operate on a fiscal year from October 1" to September 30" of the succeeding year. Application for continuing membership, when approved in writing by the Board or their designee, shall constitute a continuing contract for each succeeding fiscal period unless cancelled by the Board or unless the member shall have resigned or withdrawn from said Trust by written notice; N. Unless the Trust and the member otherwise expressly agree in writing, the member agrees coverage by the Trust for a member under the terms of this Agreement or FMIT TRAG 1014 Page 3 of 7 any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, shall expire automatically at 12:00 am on the first day of October of each calendar year; O. Except as otherwise provided herein, the member and the Trust agree such member's coverage may be canceled by the Trust or the member at any time upon no less than forty-five (45) days prior written notice by the Board of Trustees or the Administrator to the member and to the Division of Workers' Compensation, if applicable, or by the member to the Trust, stating the date such cancellation shall be effective; however, cancellation by the member after the initial effective date of coverage (October 1), may be other than pro -rata; or the Trust may cancel for non- payment of contribution by issuing written notice of cancellation to the member 10 days before the effective date of cancellation; The notice will be mailed or delivered to the member's last known address. If notice is mailed, proof of mailing will be sufficient evidence of notice as of the date of the postmark. P. The member agrees excess monies remaining after the payment of claims and claim expenses, and after provision has been made for the payment of open claims and outstanding reserves, may be distributed by the Board of Trustees to the members participating in the Trust in such manner as the Trustees shall deem to be equitable; Q. The member agrees there will be no disbursements out of the reserve fund established by the Trust by way of dividends or distributions of accumulated reserves to members until provision has been made for all obligations against the Trust and except at the discretion of the Board of Trustees; R. The member agrees to penn0 qualified service providers, including attorneys selected by the Trust, to defend, investigate, settle, and otherwise process and dispose of all claims, suits, allegations or demands that may result in liability assumed by the Trust on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust or the member pursuant to this Agreement, notwithstanding the following rights which the Trust agrees the member shall retain: 1. The member may, in its discretion and solely at its own expense, retain counsel other than the affomey(s) provided by the Trust to represent the member against any claim, suit, allegations or demands. The Trust shall have no obligation to cover the cost of such retained counsel or any related expenses. However, the member agrees that, even to the extent it may use counsel other than the attomey(s) appointed by the Trust and notwithstanding the provisions of General Condition J., the Trust shall retain the right to maintain control of the defense of any claim or suit as provided elsewhere in this Agreement. 2. If the member's limit of liability is exhausted and the Trust or its agent has not notified the member of such exhaustion at least thirty (30) days prior, then the Trust shall continue providing the defense previously undertaken by the attomey(s) appointed by the Trust for a reasonable period of time, not to exceed thirty (30) days following exhaustion of the member's limit of liability, during which time the member shall acquire control of the claims, suits, allegations or demands remaining at issue. However, the member FMITTRAG 1014 Page 4 of 7 shall reimburse the Trust for any related expenses incurred during the transfer of the matter from the Trust -appointed aftomey(s) to the attomey(s) chosen by the member following exhaustion of the member's limit of liability. S. The member shall make prompt payment of all contributions as required by the Board of Trustees, said contributions to be determined by said Board. The member shall fully cooperate with auditors of the Trust to promptly determine final audited contributions. Any disputes concerning contributions shall be resolved after payment. Any objections concerning the final audited contribution shall be filed within BO days of billing of the final audited contributions. After that time, the audit shall be considered to be final; T. The member agrees to pay reasonable penalties as determined by the Board of Trustees for late payment of contributions required under this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement; U. The member, through the Board of Trustees, does hereby appoint the Administrator of the Trust as its agent and attomey-in-fact, to act in its behalf and to execute all necessary contracts, reports, waivers, agreements, excess insurance contracts, service contracts, and other documents reasonably necessary to accomplish the purposes and to fulfill the responsibilities of the Trust; to make or arrange for the payment of claims, claim expenses, medical expenses, and all other matters required or necessary insofar as they affect the member's liability under federal or Florida law and insofar as such matters are covered pursuant to the terms of this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, and by the rules and regulations now or hereafter promulgated by the Board of Trustees, V. The Trust shall determine all questions of the scope of liability coverage, eligibility methods of providing or arranging for benefits, and all other related matters. It shall have full power to construe the provisions of this Agreement and the other program documents in the terms used here and therein. Any such determination and any such construction adopted by the Trust in good faith shall be binding upon all parties hereto and the members, provided such determination or such construction is consistent with the laws of the State. The member agrees to abide by all the terms and conditions of this Agreement, the Participation Agreement, the Trust's By-laws, the rules and regulations, and any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to the Agreement; W. The member and the Trust agree the Trust will maintain an excess coverage program and reserve evaluation to protect the financial stability of the Trust in an amount and manner determined by a qualified and independent actuary; X. The member and the Trust agree the Trust will submit to the appropriate governmental agency annually an audited fiscal year-end financial statement prepared by an independent certified public accountant.- Y- ccountant;Y. The member and the Trust agree that any member who formally applies for membership in this Trust and is accepted by the Board of Trustees shall thereupon become a party to the Trust's Agreement and Declaration of Trust and be bound by FMIT TRAG 1014 Page 5 of 7 all of the terms and conditions contained therein, and said application shall constitute a counterpart of said Agreement and Declaration of Trust; and Z. Members' duties after loss: 1. give the Trust prompt written notice of any accident, occurrence or potential claim along with all relevant information concerning the claim. The member shall have a continuing duty to provide to the Trust all relevant information promptly as the member becomes aware of such information; and 2. cooperate fully with the Trust in defense or settlement of claims or opposition to claims bills, and in the enforcement of any right of contribution or indemnity, and 3. forward to the Trust every notice, demand, summons or other process served upon the member relating to any occurrence, and take no further action concerning the occurrence without the approval of the Trust or the servicing agent; and 4. take reasonable steps to prevent additional or cumulative bodily injury, personal injury or property damage from or arising out of the same or similar conditions or circumstances; and 5. not engage in settlement negotiations as to any claim or suit, and the Trust shall have no obligation to pay the amount of any settlement negotiated or agreed upon by a member without prior written approval by the Trust or the servicing agent; and 6. agree to take all reasonable actions, where appropriate, which shall facilitate settlement of claims; and 7. agree to responsible counsel selected by the Trust to defend the claim and agree not to use the designated members counsel in defense of said action unless otherwise provided In this Trust Agreement; and B. keep all bills, receipts and related documents that establish the amount of loss; and 9. furnish a complete inventory of the lost, damaged and destroyed property, showing in detail the quantity and amount of loss claimed under the valuation provision of the Coverage Agreement; and 10. promptly separate the damaged properly from the undamaged property, and keep it in the best possible order for examination; and 11. take all reasonable steps to protect the covered property from further damage; and 12. give notice of such loss to the proper authorities if the loss may be due to a violation of the law, and 13. refrain from any intentional efforts (whether by statements, actions or agreements) that: (1) harm, undermine, injure or conflict with the known legal strategy put forth by the Trust; (2) that are against the members self- interest or the interest of the Trust; (3) that are contrary to the member's pecuniary or proprietary interest, or that of the Trust; or (4) that tend to subject the member or the Trust to liability or expand existing liability; AA. Transfer of members rights and duties under this Agreement. Your rights and duties under this Agreement may not be transferred without our written consent. This applies to all coverages under this Agreement or any that may be added after the effective date of this Agreement. Should your rights and duties be transferred to a legal representative, they may act only within their scope of duties with regard to this Agreement. Until your legal FMIT TRAG 1014 Page 6 of 7 representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. BB. Required member contributions shall be in addition to the deductible amount, if any, as set forth in the declarations to the Coverage Agreement Where such deductible amount is required, coverages arising under this Agreement shall be in excess of such deductible. The Trust may pay on behalf of the member all or any portion of the deductible amount and upon notification by the Trust of such payment, the member shall promptly reimburse the Trust for any portion of the deductible the Trust has paid. CC. In the event any claim or suit results in liability against the member for which there is coverage under this Agreement and which is reasonably likely to be submitted to, or is submitted to, the legislative claims bill process in the Florida Legislature, the member agrees, on behalf of itself, its officers, employees, and agents, that the Trust shall have the right to control its representation in such matter before the legislative branch of the state government. Further, the member agrees to execute and deliver such instruments and papers as required by the Trust, to cooperate with any attorney or other representative retained by the Trust, to provide relevant testimony if required by the Trust, to do whatever else is reasonably necessary in the interest of defending such claim or suit in the legislative claims bill process and to do nothing that will impair or conflict with the rights of the Trust herein described. Additionally, the member shall Refrain from any intentional efforts (whether by statements, actions or agreements) that harm, undermine, injure or conflict with the known legal or legislative defense strategy being put forth by the Trust, that are against the member's self-interest, that are contrary to the member's pecuniary or proprietary interest, or that of the Trust, or that lend to subject the member or the Trust to liability or expand existing liability. DD. The member agrees that in the event of any legal issue between the Trust and any member requiring disposition by a court of law, including any determinations of whether andlor the extent to which coverage exists, this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement, shall be deemed to have been made in Orange County, Florida and venue shall lie in the appropriate state or federal courts of Orange County, Florida. Agreement* Designated Member: AGREED AND ENTERED this _{Jay of For the Trust Don Lund Printed Name Associate Director of Insurance Services Title For the Member Printed Name Title FMIT TRAG 1014 Page 7 of 7 FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE AGREEMENT APPLICABLE TO: GENERAL LIABILITY, AUTOMOBILE, PROPERTY AND ALLIED LINES In consideration of the member's payment of the required contributions and the covenants and terms set forth in (a) the TRUST MEMBER AGREEMENT, the statements and representations contained in (b) the member's APPLICATION FOR COVERAGE, (c) the DECLARATIONS and the terms, conditions, limits of liability, exclusions and other provisions of (d) the COVERAGE AGREEMENT including any endorsements thereto, (a, b, c, and d shall hereinafter collectively form and be referred to as the "Agreement"), the Florida Municipal Insurance Trust (hereinafter the "Trust") hereby enters this Agreement with the member as follows: COVERAGE The Trust will pay all sums which a member becomes legally obligated to pay as damages because of: Bodily Injury Property Damage Personal Injury, or Advertising Injury to which this Agreement and any endorsements thereto apply caused by an occurrence which takes place during the coverage period of this Agreement. As a pre -requisite to any coverage provided by the Trust under this Agreement, the member expressly agrees to each of the General Conditions contained in the member Trust Agreement, along with the provisions of the Agreement and Declaration of Trust creating the Trust and any rules, policies and procedures adopted by the Trust, which shall be deemed a part of this Agreement, whether expressly restated herein or not. LIMITS OF LIABILITY Regardless of the number of (1) members under this Agreement, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of bodily injury, property damage or personal injury, the liability of the Trust is limited as follows: The total liability of the Trust applicable to "each person" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post -judgment interest, sustained by one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. The total liability of the Trust applicable to "each occurrence" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post -judgment interest, sustained by more than one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. WIT CA 1014 Page 1 of 18 For the purpose of determining the limit of the Trust's liability, all damages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. DEFENSE AND SETTLEMENT In addition to the limits of liability, the Trust will settle or defend at its own expense, as it considers appropriate, any claim or suit demanding money damages covered by this Agreement. The Trust will defend any suit against a member which alleges a claim for money damages covered by this Agreement even if such suit is eventually found groundless, false or fraudulent. However, the Trust has no duty to defend a member in any action which on its face alleges facts excluded or not covered by this Agreement. In the event a suit or other action contains allegations which allege damages which the Trust has a duty to defend and other allegations which allege damages or other relief that the Trust does not have a duty to defend, the Trust will defend all allegations subject to the terms, conditions, limits of liability and exclusions of the Agreement; however, undertaking such defense shall not obligate the Trust to pay any judgments, settlements or awards which a member becomes legally obligated to pay for allegations to which coverage does not apply. The Trust's duty to defend ends when applicable Limits of Liability have been exhausted. As a condition of coverage under this Agreement, the member agrees that settlement of any claim or suit may involve the payment of proceeds and/or the taking or forbearing to take certain actions by the member. Accordingly, the following requirements shall apply to all settlement efforts by the Trust and any party acting as the Trust's appointed representative or agent: 1. For any occurrence resulting in a claim or suit for damages, if the Trust gives written notice of its recommendation for settlement, including the payment of proceeds to settle a claim or suit and/or the taking or forbearing to take certain actions by the member, and the member does not affirmatively accept such recommendation within a reasonably requested time period contained in the notice, not to exceed thirty (30) days following receipt of such notice, the Trust's sole coverage obligation to the member shall then not exceed the lesser or: a. The sum for which the claim or suit could have been settled at the time set forth in the notice of the Trust's recommendation for settlement; and b. The costs and expenses incurred by the Trust in relation to the claim or suit, through the date on which the member was required to provide its affirmative acceptance of the recommendation for settlement; or c. If less than the sum or a. and b. above, the unused portion of the stated limit of liability contained within the declarations, less any self-insured retention or deductible amounts owed by the member. 2. In its application of the foregoing provision, the Trust shall have no obligation to obtain prior notice or authorization of the member or its legal counsel to make any proposed settlement, actual settlement or partial settlement of any claim or suit covered under this Agreement. FMIT CA 1014 Page 2 of 18 DEFINITIONS The following definitions apply throughout this Agreement unless modified or excluded: A. Advertising Injury, means injury arising out of an offense committed during the Agreement period occurring in the course of the designated member's advertising activities; if such injury arises out of libel, slander, defamation, violation of right of privacy, oral or written publication of material, misappropriation of advertising ideas or style of doing business or infringement of copyright, tifie, or slogan. B. Agreement Territory, means the United Stales of America, its territories and possessions, Puerto Rico and Canada. C. Automobile, means a land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus attached thereto) -or, any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the stale where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". D. Bert J. Harris Private Property Rights Act Claim, means a claim alleging a cause of action authorized by section 70.001, Fla. Stat., as amended from time to time. E- Blanket Coverage, means in the event of a claim, the members covered property coverage limit shall include the aggregate sum of agreed property values that were specified in the member's Statement of Values and upon which the members coverage and premiums were underwritten for the relevant coverage period. A blanket limit shall only apply when the designation "Blanket" is noted within the members Property, Allied Lines and Crime Declarations page and shall only apply to property described at a Scheduled Location. F. Bodily Injury, means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time resulting from an occurrence during the period of this Agreement. G. Communicable Disease includes but is not limited to Acquired Immune Deficiency Syndrome (AIDS), and any other sexually transmitted disease. H. Designated Member, means the entity, organization or constitutional officer named in Item I- or V. of the Declarations of this Agreement; designated member does not include employees or agents of that entity or organization. I. Designated Member's Products, means goods or products manufactured, said, handled, or distributed by the designated member or by others trading under his name, including any container thereof (other than a vehicle), but "designated members products" shall not include a vending machine or any other property, rented to or located for use of others but not sold. J. Elevator, means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof; but does not include an automobile servicing hoist, a material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter. K. Employee Benefits Program, means any pension and profit sharing plan, individual retirement account (IRA) plan; salary reduction plan under Internal Revenue Code 401 (k) or Amendments; employee stock subscription plan, savings plan; group plan for life, health, dental, disability, automobile, home owners, or legal services insurance; social security FMIT CA 1014 Page 3 of 18 system benefits; workers' compensation and unemployment insurance; travel and vacation plans; or educational tuition reimbursement plans created, administered or endorsed by a member L. Employment Practices includes, but is not limited to any actual or alleged: 1. discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); Z employment-related misrepresentation(s) to an employee or applicant for employment with the Public Entity, 3. failure to grant tenure; 4. failure to provide or enforce adequate or consistent policies and procedure relating to any Employment Practices Violation; 5. harassment (including sexual harassment whether 'quid pro quo', hostile work environment or otherwise); 6. retaliation (including lockouts) or alleged employment decisions involving violation of any state, or local whistleblower protection law; 7. violation of an individual's civil rights relating to any of the above but only if the Employment Practices Violation relates to an employee or applicant for employment with the Public Entity whether direct, indirect, intentional or unintentional; 6. wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; 9. wrongful discipline; 10. wrongful dismissal, discharge or termination, either actual or constructive; 11. wrongful failure to employ or promote. M. Errors and Omissions, means a claim for damages alleging liability for any error, misstatement, omission, neglect or breach of duty by members while lawfully acting in their official capacity or lawfully acting within the scope of their employment, whether acting individually or collectively, excluding any claim based on a failure to properly effect any insurance coverage agreement or secure adequate insurance coverage from any insuring entity including the Trust and excluding any claim related to matters arising before the State of Florida Commission on Ethics, or any local ethics commission created by charter or ordinance which has jurisdiction over the alleged misconduct. N. Incidental Contract, means a written (a) lease of premises, (b) easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad (c) obligation to indemnify a municipality, as required by municipal ordinance, except in connection with work for a municipality (d) an elevator maintenance agreement; or (e) contract otherwise entered by the member for which tort liability would be imposed against the member even in the absence of the contract, but does not include any contract that: involves the provision of professional services by an architect, engineer or surveyor; seeks to impose liability under a warranty of the fitness or quality of the member's FMIT CA 1014 Page 4 of 18 products or a warranty that work performed by or on behalf of the member will be done in a workmanlike manner; seeks to hold harmless and/or indemnify any person or entity excluded from the scope of 768.28, Fla. Stat.; seeks to make the member liable for any claim, loss or damages proximately caused by the negligent act or omission of another party, its directors, officers, employees, contractors and/or agents; seeks to waive the member's sovereign immunity or extend the member's tort liability beyond the limits established in Section 768.28 F.S.; seeks to impose contractual liability on the member for underlying tort claims beyond the limits specified in Section 768.28 F.S.; or does not otherwise comply with 768.28 F.S. O. Incidental Medical Malpractice Injury, means bodily injury arising out of the rendering of or failure to render medical services or treatment by a non-professional during the period of this Agreement, including the following services: medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or 2. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. P. Interlocal Agreement, means an agreement authorized by Chapter 163, Fla. Stat. that complies with section 768.28 Fla. Stat. 0. Inverse Condemnation, means any affirmative regulatory action by a designated member resulting in the deprivation of substantially all economically beneficial or productive use of private property and the resulting cause of action by the affected property owner to recover any loss in monetary value resulting from the regulatory action. As defined, "inverse condemnation" excludes any physical taking of property or diminution of access to property, by whatever means and whatever name called. R. Loading or unloading, means the handling of property: after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto; 2. while d is in or on an aircraft, watercraft or "auto;" or while it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." S. Member, as used herein means: the designated member; 2. while acting within the scope of his employment, any officer (except constitutional officers), volunteer, servant, or employee of the designated member, including elected and appointed officials, and members of Boards or Commissions. However, the coverage so provided any officer, servant, or employee does not apply to bodily injury to another officer, servant or employee of the designated member injured in the course of and arising out of his employment. FMIT CA 1014 Page 5 of 18 The coverage afforded applies separately to each member against whom claim is made or suit is brought, except with respect to the limits of liability of the Trust; and does not apply to bodily injury or property damage or personal injury liability arising out of the conduct of any partnership or joint venture of which a member is a partner or participant and which is not specified in this Agreement as a designated member. Mobile Equipment, means a land vehicle (including any machinery or apparatus attached thereto), whether or not self propelled, (a) not subject to motor vehicle registration, or (b) maintained for use exclusively on premises owned by or rented to the designated member, including the ways immediately adjoining, or (c) designed for use principally off public roads, or (d) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers, graders, scrapers, rollers and other road construction or repair equipment; air compressors, pumps and generators, including spreading, welding and building cleaning equipment; and geophysical exploration and well servicing equipment. U. Mold, Spores andfor Fungus, means any mold, spores and/or fungus of any type of nature whatsoever that can cause or threaten harts to any living organism (including human health or human welfare, or the health or welfare of any animal or plant) or can cause or threaten physical damage, deterioration, loss of use, and/or loss of value or marketability, to any tangible property whatsoever. This includes, but is not limited to, any type(s) of mold, spores and/or fungus that are harmful or potentially harmful to health or welfare (such as Stachybotrys and others), or that are damaging or potentially damaging to tangible property (such as wet or dry rot, mildew and others) or that can otherwise cause or threaten to cause bodily injury, property damage, personal injury or advertising injury or any kind whatsoever. V. Occurrence, means an event or accident, including continuous or repeated exposure to substantially the same general harmful conditions which result in bodily injury, property damage, personal injury or advertising injury and not arising from any forth of intentional misconduct W. Personal Injury, means injury sustained by any person or organization arising out of one or more of the following offenses committed during the term of this Agreement. 1. false arrest, detention, imprisonment; Z wrongful entry or eviction, or other invasion of the right of private occupancy; 3. publication or utterance: a. of material that libels, slanders or defames or disparages a person or organization's goods, products or services; or; b. of material that violates an individual's right of privacy; except that publications or utterances in the course of or related to broadcasting, publishing, or telecasting activities conducted by or on behalf of the designated member shall not be deemed personal injury; X. Pollutants, mean any solid, liquid, biological, gaseous or thermal irritant or contaminate, including smoke, dust, vapor, soot, fumes, acids, alkalis, chemicals and electromagnetic radiation, liquids, gases, other irritants or contaminants and waste. Waste includes materials to be recycled, reconditioned or reclaimed. FMIT CA 1014 Page 6 of 18 Products -Completed Operations Hazard. 1. includes all 'bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product' or "your work" except a. products that are still in your physical possession; or b. work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (1) when all of the work called for in your contract has been completed. (2) when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (3) when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub -contractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 2. Does not include "bodily injury' or "property damage" arising out of: a. The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the 'loading or unloading" of that vehicle by any insured; b. The existence of tools, uninstalled equipment or abandoned or unused materials, or Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products -completed operations are subject to the General Aggregate Limit. Z. Property Damage, means (a) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting there from, or (b) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the period of this Agreement. AA Scheduled Location, means a physical location identified within the member's Property Schedule at which the Trust and member agreed covered property may exist and more specifically, includes only the building(s), business personal property and/or non -building property (fixtures) specifically described and excludes any additional property at the physical location. BB. Sexual Action includes, but is not limited to, any verbal or non-verbal communication, behavior or conduct with sexual connotations or purposes, whether for sexual gratification, intimidation, coercion or other purpose, and regardless of whether such action is alleged to be intentional or negligent. CC. Sexual Abuse shall include, but is not limited to, the negligent or intentional infliction of physical, emotional or psychological injury or harm on any person or persons in the care, custody or control of any member and also includes one or more of the following acts: FMIT CA 1014 Page 7 of 18 any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen. 2. any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person. 3. any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose 4. the intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the individual or the perpetrator, except that this does not include: a. any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for an individual; or b. any act intended for a valid medical purpose. 5. the intentional masturbation of the perpetrator's genitals. 6. the intentional exposure of the perpetrator's genitals in the presence of an individual, or any other sexual act intentionally perpetrated in the presence of an individual, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose. 7 the sexual exploitation of an individual, which includes allowing, encouraging, or forcing an individual to a. solicitation for or engage in prostitution, or b. any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience. M Suit, means a civil proceeding in which damages because of "bodily injury," "property damage", "personal injury or advertising injury" to which this coverage applies are alleged. "Suit" includes: 1. an arbitration proceeding in which such damages are claimed and to which the member must submit or does submit without consent, or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which the member submits with our consent. EE. Your Product means: a. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) you; (2) others trading under your name, or MIT CA 1014 Page 8 of 18 (3) a person or organization whose business or assets you have acquired; and b. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product;" and b. the providing of or failure to provide warnings or instructions. 3. does not include vending machines or other property rented to or located for the use of others but not sold. FF. Your Work: means: work or operations performed by you or on your behalf; and b. materials, parts or equipment famished in connection with such work or operations. 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work," and b. the providing of or failure to provide warnings or instructions. EXCLUSIONS This Coverage Agreement does not apply: A. to any liability arising from any alleged breach of any express or implied contract, nor to bodily injury, property damage or any liability arising out of the member's assumption of liability in a contract or agreement, except an incidental contract or interlocal agreement, as those terms are defined herein; to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: t. any automobile operated by or rented or loaned to any member; 2. any other automobile operated by any person in the course of his employment by any member; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the member or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to any member; 3. any vehicle while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; C. to bodily injury or property damage arising out of: 7. the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any pre -arranged or organized racing, speed or FMIT CA 1014 Page 9 of 18 demolition contest or in any stunting activity or in practice or preparation for any such contest or activity; 2. the operation or use of any trailer designed for use therewith; or 3. the ownership, maintenance, operation, or use of a water theme park; 4. Inflatable Amusement Devices. D. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any watercraft used in law enforcement over fifty two (52) feet in length or thirty five (35) feet in length for all other watercraft, 2. any passenger while in or upon, entering or alighting from any watercraft, however, this exclusion does not apply to a watercraft you do not own that is not being used to carry persons or property for a charge; or 3. barge or lighter rented by the member to others with respect to which the member does not furnish employees to operate and does not have any operating control; 4. any watercraft while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; 5. any watercraft or structure being used as an artificial reef or similar purpose; 8. any marina operation owned, leased or operated by the member. E. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any aircraft owned or operated by or rented or loaned to any member; 2. any other aircraft operated by any person in the course of his employment by any member; but this exclusion does not apply to aircraft while parked on premises owned by, rented to or controlled by the member, to any liability arising out of or caused or contributed to by any maintenance, operation, use or control of or responsibility for any airfield, airport, runway, hangar, building or other property or facility designed for, used, connected, associated or affiliated with or in any way related to aviation or aviation activities or operations; provided that liability for services performed or premises located at or on any airfield, airport or aviation facility not directly related to aviation activities or operations, and not covered by any other liability insurance, shall not be excluded from coverage by this exclusion; G. any claim for bodily injury, property damage (including the loss of use thereof), personal injury or advertising injury caused by, contributed to or arising out of the actual or threatened discharge, dispersal, disposal, leaching, migration, seepage, release, or escape of pollutants and/or contaminates into or upon the land, the atmosphere or any course or body of water, whether above or below ground. However, this exclusion does not apply to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which bums outside the area intended to be or which becomes uncontrollable. H. any damages arising out of the ingestion, inhalation or absorption of lead in any form. Any loss, cost or expense arising out of any: 1. request, demand or order that any 'member" or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of lead; or 2. claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead. FMIT CA 1014 Page 10 of 18 I. any damages from the process of continued surface andlor subsurface degradation and deterioration of lead based paint that has been applied to any surface of any building whether considered commercial or residential. J. to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion and revolution, or to any act or condition incident to any of the foregoing; K. to any obligation for which any member or any carrier as it's insurer may be held liable under any social security, workers compensation, employers liability, unemployment compensation or disability benefits law, or under any similar law including any claims under the Americans with Disabilities Act; L. to bodily injury to any employee of the designated member arising out of and in the course of his or her employment by the designated member or to any obligation of a member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the designated member under an incidental contract. This exclusion shall include any liability incurred by a member as a result of an alleged wrongful employment practice; M. to property damage to property owned or occupied by, leased, or rented to a member; N. to property damage to premises alienated by the member arising out of such premises or any part thereof; O. to loss of use of tangible property which has not been physically injured or destroyed resulting from a delay in lack of performance by or on behalf of the member of any contract or agreement; to property damage to the member's products arising out of such products or any part of such products; to property damage to work performed by or on behalf of the member arising out of the work or any portion thereof, or out of materials, parts or equipment fumished in connection therewith, and to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the members products or work completed by or for the member or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; Q. to any liability from the members completed operations arising out of: 1. loss of sales, customers or profits suffered by a person or entity affected by the actions of the member or its agents including any damages sustained by such person or entities by virtue of a business interruption; or 2. loss resulting from theft of any property which at the time of loss is not an integral part of a building or structure including direct loss by pillage and looting occurring during and at the immediate place of a riot or civil commotion; R. to any liability arising in whole, or in part out of: 1. any act or omission of a member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property; 2. any member obtaining remuneration or financial gain to which the member was not legally entitled; 3. the willful violation of any federal, state or local law, ordinance or regulation committed by or with the knowledge or consent of any member; or 4. violation of public trust; FMIT CA 1014 Page 11 of 18 S. to any liability arising out of or in any way connected with a physical taking of property or any diminution of access to property, by whatever means or whatever name called, the operation of the principals of eminent domain, condemnation, proceedings, inverse condemnation or takings law, whether permanent or temporary, including but not limited to, claims arising out of federal, state or local land use, environmental, air, ground or water pollution, or health, safety and welfare laws, ordinances or regulations, claims arising from Chapter 70, Florida Statutes, known as the Bert J. Hams, Jr. Private Property Rights Protection Act, as may be amended from time to time, or claims arising from activities by or on behalf of a member which result in permanent or temporary loss of use or value of private property, whether such liability accrues directly against the member, or by virtue of any agreement entered into by or on behalf of the member; T. to any liability for injury, sickness, disease, death or destruction due to the rendering of or failure to render any professional service by any doctor, surgeon, dentist, nurse, physician's assistant, paramedic, emergency medical technician or other medical professional of a designated member; U. to any liability arising out of or in connection with or caused or contributed to by any failure or inability to supply, in whole or in part, any adequate quantity or quality of power, steam, pressure or fuel. Fuel includes, but is not limited to natural gas, heating oil and propane; V. to any liability arising out of or caused or contributed to by or connected with any actual or alleged violation of the Employee Retirement Income Security Act of 1974 (Public Law 93- 406) or any amendment thereto or any similar provision of any local, state or federal law, statutory or common; W. to any liability arising out of or caused or contributed to by any failure, breakage, inadequacy, maintenance of, design of and/or water overflow, of any natural or man-made structure, including but not limited to: any dam, dyke, levee, reservoir, water barrier, ditches, canals, gates, aqueducts, water sheds, channels or culverts, X. to any liability for fines, punitive or exemplary damages; or any non compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti- discrimination, or racketeer influence and corrupt organization (RICO) laws; Y. to any damages imposed by special act of the Legislature; Z. to any "bodily injury or"property damage: with respect to which a "member" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or 1. resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "member" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United Stales of America, or any agency thereof, with any person or organization. a. under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear WIT CA 1014 Page 12 of 18 material" and arising out of the operation of a "nuclear facility" by any person or organization, b. under any Liability Coverage, to 'bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear matedal"d: (1) the "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, a "member' or (b) has been discharged or dispersed therefrom; (2) the "nuclear material" is contained in "spent fuel' or "waste" at any time possessed, handled, used, processed, stored, transported or disposed or, by or on behalf of a "member"; or (3) the "bodily injury" or "property damage" arises out of the furnishing by a "member" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility' and any property thereat. 2. as used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties "Nuclear material" means "source material", 'special nuclear material' or "by- product material'. "Source material", "special nuclear material", and 'by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel' means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material' other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: a. any "nuclear reactcr; b. any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing 'spent fuel", or (3) handling, processing or packaging 'waste"; C. any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "member" at the premises where such equipment or davits is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or FMIT CA 1014 Page 13 of 18 it. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of 'waste'; and includes the site on which any of the foregoing is located, all operations conducted onsuch site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. 'Property damage" includes all forms of radioactive contamination of property. AA. to personal injury arising out of any publication or utterance described in sub -paragraph W 3 of the definition of Personal Injury contained in the Definition section of this Agreement (a) if the first injurious publication or utterance of the same or similar material by or on behalf of the designated member was made prior to the effective date of this coverage; (b) concerning any organization or business enterpdse, or its products or services, made by or at the direction of any member with knowledge of the falsity thereof; BB. to any liability arising out of errors and omissions as defined herein; CC. to bodily injury or property damage for which the designated member or his indemnitee may be held liable; 1. as an entity or organization engaged in manufacturing, distributing, selling or serving alcoholic beverages; or 2. if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed a. by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverages; or b. by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person. 3. causing or contributing to the intoxication of any person. This exclusion does not apply and coverage is afforded under the Agreement for bodily injury or property damage claims or liability resulting from the providing or serving of alcoholic beverages without charge to the public at functions incidental to a designated members business or activity otherwise covered under the Agreement or any endorsement to the Agreement; DD. to any claim, demand or action seeking injunctive, declaratory, writ of mandamus, or any other non -monetary relief against a designated member or any of its agents; EE. to any liability arising out of any actual or alleged sexual action, sexual abuse, communicable disease or employment related claim. However, this exclusion does not apply and coverage is afforded under this Agreement to bodily injury or personal injury liability which may accrue against the Designated Member as defined within the Definition section; FF. to any liability for injury, loss or damage sustained by any person or entities arising from or in anyway involving asbestos or other products containing asbestos or to asbestosis or any other disease including mesothelioma and cancer related to asbestos exposure nor any WIT CA 1014 Page 14 of 18 liability for costs or expenses incurred in removing, cleaning up or nullifying such asbestos product; It is understood and agreed that the intent and effect of this exclusion is to delete from all coverages afforded by this Agreement any loss, cost, or expense arising out of any governmental direction, order or request that the member test for, monitor, cleanup, remove, contain, treat, detoxify or neutralize asbestos or asbestos products. GG. to any liability arising out of errors and omissions as defined herein or other negligent or wrongful act committed in the administration of any employee benefits program as defined herein, for present or former employees of the designated member; HH. to any liability arising out of or caused by or contributed to or connected with alleged violation of the following: 1. Federal Fair Labor Standards Act. 2. Chapter 447, Florida Statutes. 3. Drivers Privacy Protection Act of 1994 4. National Labor Relations Act. 5. Worker Adjustment and Retraining Notification Act. 8. Consolidated Omnibus Budget Reconciliation Act of 1985. 7. Occupational Safety and Health Act. 8. Federal Employers Liability Act 9. Longshoreman's and Harbor Workers' Act 10. Employee Polygraph Protection Act 11. Defense Base Act 12. Outer Continental Shelf Lands Act it. any claim requesting return or reimbursement of a special assessment, tax, service charge, fine or fee or any other payment or overpayment to the designated member or member; JJ. to any claim for attorneys fees or costs for any action not covered by this Agreement; KK. to any damages which accrued or occurred prior to the effective date of this Agreement notwithstanding the date of the occurrence; LL. advertising injury arising out of: 1. Failure of performance of contract, but this exclusion does not apply to the unauthorized appropriation of ideas upon alleged breach of implied contract, or 2. Infringement of trademark, service mark, or trade name, other than Was or slogans, by use thereof or in connection with goods, products or services sold, offered for sale, or advertised, or 3. Incorrect description or mistake in advertising price of goods, products or services sold, offered for sale or advertised. Also, with respect to advertising injury: 1. to any member in the business of advertising, broadcasting, or telecasting, or 2. to any injury arising out of any act committed by the member with actual malice. MM. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of: 1. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: FMIT CA 1014 Page 15 of 18 a. any of the following, whether belonging to any insured or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or b. any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. 2. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. NN. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, for which any designated member or member under this Agreement may be held liable arising out of the actual or threatened occurrence, growth, release, transmission, migration, dispersal or exposure to any micro-organisms, biological organisms, bioaerosols or organic containments, including but not limited to mold, spores and/or fungus; 1. resulting from any actual or threatened exposure to, inhalation, absorption or ingestion of, or physical contact with mold, spores and/or fungus; 2. resulting from any actual or threatened mold, spores, and/or fungus upon any real property or personal property, product or work, premises, site or location, or any other tangible property, or any designated member or member or any other person(s) or organization(s), located anywhere in the world; 3. resulting from any loss, cost or expense for any testing, monitoring, clean-up, treatment or removal, or neutralization of mold, spores and/or fungus; 00. A. to "any injury or damage' arising, directly or indirectly, out of a "certified act of terrorism" or an "other act of terrorism'. However, with respect to an "other act of terrorism", this exclusion applies only when one or more of the following are attributed to such act: 1. the total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 2. fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. physical injury that involves a substantial risk of death; or b. protracted and obvious physical disfigurement; or C. protracted loss of or impairment of the function of a bodily member or organ; or 3. the terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 4. the terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials, or FMIT CA 1014 Page 16 of 18 5. pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. the following definitions are added: for the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", 'property damage', "personal and advertising injury"," injury" or "environmental damage" as may be defined in any applicable Coverage Part. 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a "certified act of terrorism": a. The act resulted in aggregate losses in excess of $5 million; and b. The act is a violent act or an act that is dangerous to human life, property or infra -structure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act of 2002. Mulfiple incidents of an "other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a "certified act of terrorism" or an "other act of terrorism" that is not subject to this exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. PP. to bodily injury, personal injury or any liability arising from the Designated Member's law enforcement activities. As used herein, and subject to all other terms and conditions required under this Agreement, law enforcement activities means those activities by members, arising within the course and scope of lawful conduct authorized by the Designated Member's police department or other law enforcement agency. WIT CA 1014 Page 17 of 18 The Trust will pay for bodily injury or property damage caused directly by contact with herbicides or pesticides sprayed by the member into the air. This coverage extension does not apply to bodily injury or property damage as described in Exclusion G of the Florida Municipal Insurance Trust Coverage Agreement. The limit of liability under this coverage extension is the amount of liability described in the General/Professional liability section of the Declaration Page or $1,000,000 aggregate per fund year, whichever is the lesser amount, subject to any deductible/self insured retention described on the Declarations Page. OTHER INSURANCE The coverage afforded by this Agreement is primary, except when stated to apply in excess of or contingent upon the absence of other insurance. When this coverage is primary and the member has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Trust's liability under this Agreement shall not be reduced by the existence of such other insurance. If all other valid and collectible insurance provides for contribution by equal shares, the Trust shall not be liable for a greater proportion of such loss than would be payable if each party contributes an equal share until the share of each party equals the lowest applicable limit of liability under any one policy or coverage agreement or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining parties then continue to contribute equal shares of the remaining amount of the loss until each such party has paid its limit in full or the full amount of the loss is paid. If any such other insurance does not provide for contribution by equal shares, the Trust shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of all valid and collectible insurance against suchloss. FMIT CA 1014 Page 18 of 18 AUTOMOBILE LIABILITY This coverage issued by the Trust extends and modifies the provision of the Agreement relating to Automobile Liability as set forth below: It is agreed that as of the effective date hereof the Agreement is amended in the following particulars: The Coverage Agreement is amended to include the following additional coverage In addition, the Trust will pay all sums which the Designated Member or any member named in a lawsuit become(s) legally obligated to pay as damages because of: A. Bodily Injury, or B. Property Damage to which this coverage applies, caused by an occurrence and arising out of the ownership, maintenance or use, including loading and unloading, of a covered automobile, including newly acquired automobiles, which takes place during the period of this Agreement. A member must be acting within course and scope of employment for the Designated Member at the time of the occurrence which gives rise to any claim or lawsuit brought against the Designated Member and/or member. The Member Definitions section 5 is amended to include the following additional persons for purposes of the coverage provided by this endorsement only: A. Any other person while using an owned automobile or a hired automobile with the permission of the designated member, provided his actual operation or (if he is not operating) his other actual use thereof is within the scope of such permission, and he is acting as the lawful agent of the designated member, but with respect to bodily injury or property damage arising out of the loading or unloading thereof, such other person shall he a member only if he is: 1. a lessee or borrower of the automobile, or 2. an employee of the designated member or of such lessee or borrower: B. Any other person or organization but only with respect to his or its liability because of acts or omissions of a member under the above. C. None of the following is a member: the owner or lessee (of whom the designated member is a sub -lessee) of a hired automobile or the owner of a non -owned automobile or any agent or employee of any such owner or lessee, 2. any person or organization, other than the designated member, with respect to: a) a motor vehicle while used with any trailer owned or hired by such person or organization, or FMITAL 1013 Page 1 of 4 b) a trailer while used with any motor vehicle owned or hired by such person or organization; any person while employed in or otherwise engaged in duties in connection with an automobile business, other than an automobile business operated by the designated member. III. The Definitions section is amended to include the following additional definitions: A. Automobile Business, means the business or occupation of selling, repairing, servicing, storing, or parking automobiles; B. Hired Automobile, means an automobile not owned by the designated member which is used under contract on behalf of, or loaned to, the designated member, provided such automobile is not owned by or registered in the name of an employee or agent of the designated member who is granted an operating allowance of any sort for the use of such automobile; C. Non -owned Automobile, means an automobile which is neither an owned automobile nor a hired automobile; D. Occurrence, means an event or accident, including continuous or repeated exposure to conditions which result in bodily injury, property damage or personal injury and not arising from any form of intentional misconduct; E. Owned Automobile, means an automobile owned by the designated member, F. Private Passenger Automobile, means a four wheel private passenger or station wagon type automobile; G Trailer, includes a semi -trailer but does not include mobile equipment. IV. The Conditions section is amended to include the following additional condition: A. Excess Coverage - Hired and Non -Owned Automobiles. With respect to a hired automobile, or a non -owned automobile, this coverage shall be excess over any other valid and collectible insurance available to the designated member. V. The Limits of Liability section is amended to include the following: The above provisions regarding the limits of the Trust's liability apply regardless of the number of: A. Owned automobiles; B. Automobiles involved in the occurrence, or, C. Automobiles to which this Agreement and all endorsements thereto apply. The limits of liability for Bodily Injury or Property Damage caused by an occurrence arising out of the maintenance or use, including loading and unloading of any automobile leased by the designated member for a period of one (1) year or longer which takes place during the period of this Agreement, shall be not less than $100,000IS300,000 bodily injury liability and $50,000 property damage liability. FMITAL 1013 Page 2 of 4 The Trust's limits of liability shall not be added or stacked by virtue of there being more than one automobile or member to which this Agreement and all endorsements thereto might apply. VI. The Exclusions section is amended as follows: A. Exclusion B, items 1. and 2, are deleted. B. This Coverage Agreement does not apply to any liability and/or physical damage arising in whole, or in part out of 1. any act or omission of a member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property, 2. any member obtaining remuneration or financial gain to which the member was not legally entitled; 3. the willful violation of any federal, state or local law, ordinance or regulation committed by or with the knowledge or consent of any member; or 4. official misconduct by any member; 5. "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants:" a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "member"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto", b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "member" for movement into or onto the covered "auto; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal elechical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and FMITAL 1013 Page 3 of 4 (2) The 'bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraph T of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises awned by or rented to an "member' with respect to 'pollutants" not in or upon a covered "auto' if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered 'auto; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. VII. Schedule of Covered Automobiles attached. FMITAL 1013 Page 4 of 4 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY PERSONAL INJURY PROTECTION BENEFITS This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to Automobile Liability Personal Injury Protection Benefits as set forth below: It is agreed that as of the effective date hereof the Agreement is amended in the following particulars: The Trust will pay, personal injury protection benefits, in accordance with the Florida Motor Vehicle No -Fault Law, as amended, to or for the benefit of the injured person as follows: A. 80% of medical expenses (as defined herein and subject to the provisions of the Medical Expense Benefits Payment Schedule in Section VI. of this endorsement); B. 60% of work loss; C. replacement services expenses; and D. a death benefit for accidental death -occurring as a result of an accident arising out of the ownership, maintenance or use of a motor vehicle and sustained by: 1. a member while occupying a motor vehicle or, while a pedestrian through being struck by a motor vehicle; or 2. any other person while occupying the covered motor vehicle or, while a pedestrian, through being struck by the covered motor vehicle. EXCLUSIONS This endorsement does not apply: A. to a member while occupying a motor vehicle of which the member is the owner and which is not a covered motor vehicle under this endorsement; B. to any person while operating the covered motor vehicle without the express or implied consent of the member; C. to any person, if such person's conduct contributed to his bodily injury under any of the following circumstances: 1. causing bodily injury to himself intentionally; 2. while committing a felony; D. to any pedestrian, other than the member who is not a legal resident of the State of Florida; E. to any person, other than the member, if such person is the owner of a motor vehicle with respect to which security is required under the Florida Motor Vehicle No -Fault Law, as amended; F. to any person, other than the member who is entitled to personal injury protection benefits from the insurer of the owner or owners of a motor vehicle which is not a covered motor vehicle under this endorsement; G. to any person who sustains bodily injury while occupying a motor vehicle located for use as a residence or premises. III. LIMIT OF LIABILITY; APPLICATION OF DEDUCTIBLE; OTHER INSURANCE Regardless of the number of persons covered, policies or bonds applicable, vehicles involved or claims made, the total aggregate limit of personal injury protection benefits available under the Florida Motor Vehicle No -Fault Law, as amended, from all sources combined including this Agreement, for all medical expenses, work loss and replacement services by or on behalf of any one person who sustains bodily injury as the result of any FMIT PIP 1014 Page 1 of 8 one accident shall not exceed $10,000.00 per individual, subject to limitations as provided under the Florida Motor Vehicle No -Fault Law. Payment of a death benefit for accidental death as provided herein shall be in addition to the foregoing and shall not exceed $5,000.00 per individual. Any amount payable under this endorsement shall be reduced by the amount of benefits an injured person has recovered or is entitled to recover for the same elements of loss under the workers' compensation laws of any stale or the federal Medicaid program. If benefits have been received under the Florida Motor Vehicle No -Fault Law, as amended, from any insurer for the same items of loss and expenses for which benefits are available under this agreement, the Trust shall not be liable to make duplicate payments to or for the benefit of the injured person, but the insurer paying such benefits shall be entitled to recover from the Trust its equitable pro rata share of the benefits paid and expenses incurred in processing the claim. The amount of any deductible stated in the schedule of this amendment shall be deducted from the total amount of all sums otherwise payable by the Trust with respect to all loss and expenses incurred by or on behalf of each person to whom the deductible applies and who sustains bodily injury as the result of any one accident, and if the total amount of such loss and expense exceeds such deductible, the total limit of benefits the Trust is obligated to pay shall then be the difference between such deductible amount and the applicable limit of the Trust's liability. Such deductible amount shall not be applied to any death benefit the Trust is obligated to pay. If an entry in the schedule or declaration so indicates any amount payable under this Trust to the member shall be reduced by any benefits payable by the Federal Government to active or refired military personnel and their dependent relatives. IV. DEFINITIONS When used in reference to this Section: "bodily injury" means bodily injury, sickness, or disease, including death at any time resulting there from; "medical expense" means reasonable expenses for medically_necessary medical, surgical, x-ray, dental, ambulance, hospital, professional nursing and rehabilitative services for prosthetic devices and for necessary remedial treatment and any other services recognized and permitted under Florida Motor Vehicle No -Fault Law, and subject to the Conditions at Section VI.F. below. "motor vehicle" means any self-propelled vehicle with four or more wheels which is a type both designed and required to be licensed for use on the highways of Florida and any trailer or semi -trailer designed for use with such vehicle. A motor vehicle does not include: A. a mobile home; or B. any motor vehicle which is used in mass transit, other than public school transportation, and designed to transport more than five passengers exclusive of the operator of the motor vehicle and which is owned by a municipality, a transit or public school transportation authority, or a political subdivision of the state; C. except for the purposes of FS 627.733, any motor vehicle of any type used as a taxi cab or limousine. "occupying" means in or upon or entering into or alighting from; FMIT PIP 1014 Page 2 of 8 "covered motor vehicle" means a motor vehicle: A. of which the member is the owner, and B. with respect to which security is required to be maintained under the Florida Motor Vehicle No -Fault Law, and C. for which a premium is charged, or which is a trailer, other than a mobile home, designed for use with a motor vehicle. "pedestrian" means a person while not an occupant of any self-propelled vehicle; "owner" means a person or organization who holds the legal title to a motor vehicle, and also includes - A. a debtor having the right to possession, in the event a motor vehicle is the subject of a security agreement, and, B. a lessee having the right to possession, in the event a motor vehicle is the subject of a lease with option to purchase and such lease agreement is for a period of six months or more, and, C. a lessee having the right to possession, in the event a motor vehicle is the subject of a lease without option to purchase, and such lease agreement is for a period of six months or more, and the lease agreement provides that the lessee shall be responsible for securing insurance, "work loss" means with respect to the period of disability of the injured person, any loss of income and earning capacity from inability to work proximately caused by the injury sustained by the injured person, "replacement services expenses" means with respect to the period of disability of the injured person all expenses reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for such injury, the injured person would have performed without income for the benefit of his household. COVERAGE PERIOD; TERRITORY This coverage under this Section applies only to accidents which occur during the period of this Agreement. A. in the State of Florida; B. as respects the member, while occupying the covered motor vehicle outside the State of Florida but within the United States of America, its territories or possessions or Canada; VI. CONDITIONS A. Notice. In the event of an accident, written notice of the loss must be given to the Trust or any of its authorized agents as soon as practicable. If any injured person or his legal representatives shall institute legal action to recover damages for bodily injury against a third party, a copy of the summons and complaint or other process served in connection with such legal action shall be forwarded as soon as practicable to the Trust by such injured person or his legal representative. B. Action Against the Trust No action shall lie against the Trust unless, as a condition precedent thereto, there shall have been full compliance with all terms of this endorsement, not until 30 days after the required notice of accident and reasonable proof of claim has been filed with the Trust. C. Proof of Claim; Medical Reports and Examinations; Payments of Claim Withheld. As soon as practicable the person making the claim shall give to the Trust written proof of claim, under oath if required, which may include full FMIT PIP 1014 Page 3 of 8 particulars of the nature and extent of the injuries and treatment received and contemplated, and such other information as may assist the Trust in determining the amount due and payable. In addition, the person making the claim shall submit to an examination under oath if requested by the Trust. Such person shall submit to mental or physical examinations at the Trust's expense when and as often as the Trust may reasonably require. A copy of the medical report shall be forwarded to such person if requested. If the person unreasonably refuses to submit to a mental or physical examination or an examination under oath, the Trust will not be liable for subsequent personal injury protection benefits. Whenever a person making a claim is charged with committing a felony, the Trust shall withhold benefits until at the trial level the prosecution makes a formal entry on the record that it will not prosecute the case against the person, the charge is dismissed or the person is acquitted. D. Reimbursement and Subrogation, unless prohibited by the Florida Motor Vehicle No -Fault Law, as amended, and in the event of payment to or for the benefit of any injured person under this endorsement; 1. the Trust shall be reimbursed to the extent of such payment, exclusive of reasonable attorney's fees and other reasonable expenses, out of the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of such person against any person or organization legally responsible for the bodily injury because of which such payment is made and the Trust shall have a lien on such proceeds to such extent; 2. the Trust is subrogated to the rights of the person to whom or for whose benefit such payments were made to the extent of such payments. Such person shall execute and deliver the instruments and papers and do whatever else is necessary to secure such rights. Such person shall do nothing after loss to prejudice such rights. 3. the Trust providing personal injury protection benefits on a private passenger motor vehicle, as defined in the Florida Motor Vehicle No -Fault Law, shall be entitled to reimbursement to the extent of the payment of personal injury protection benefits from the owner or insurer of the owner of a commercial motor vehicle, as defined in the Florida Motor Vehicle No - Fault Law, if such injured person sustained the injury while occupying, or while a pedestrian through being struck by, such commercial motor vehicle. E. Special Provision for Rented or Leased Vehicles. Notwithstanding any provision of this coverage to the contrary, if a person is injured while occupying, or through being struck by, a motor vehicle rented or leased under a rental or lease agreement which does not specify otherwise in bold type on the face of such agreement, the personal injury protection coverage afforded under the lessor's policy shall be primary. Medical Expense Benefit Payment Schedule. The FMIT hereby gives notice that its payment of personal injury protection medical expense benefits may be limited to the Medicare fee payment schedule permitted by the Florida Motor Vehicle No -Fault Law. The applicable Medicare fee payment schedule or payment limitation under Medicare is the fee schedule or payment limitation in effect on March 1 of the year in which the services, supplies, or care is rendered and for the area in which such services, supplies, or care is rendered, and the applicable fee schedule or payment limitation applies throughout the remainder of that year, notwithstanding any subsequent change made to the fee schedule or payment limitation, except that it may not be less than FMIT PIP 1014 Page 4 of 8 the allowable amount under the applicable schedule of Medicare Part B for 2007 for medical services, supplies, and rare subject to Medicare Part B. 2. The FMIT shall pay for reasonable, related and necessary medical service and supply expenses due to a motor vehicle accident if the member receiving such treatment or his or her guardian has countersigned the properly completed invoice, bill, or claim form upon which such charges are to be paid for, as having actually been rendered, to the best knowledge of the member or his or her guardian. However, such a charge may not exceed the amount the medical service or supply provider customarily charges for like services or supplies. In determining whether a charge for a particular service, treatment, or otherwise is reasonable, FMIT may consider evidence of usual and customary charges and payments accepted by the provider involved in the dispute, reimbursement levels in the community where services were rendered and various federal and state medical fee schedules applicable to motor vehicle and other insurance coverages, and other information relevant to the reasonableness of the reimbursement for the service, treatment, or supply. 3. Only if an insured receives initial services and care within 14 days after the motor vehicle accident, the FMIT will pay 80% of reasonable medical expenses for: a. Medical, surgical, X-ray, dental, ambulance, hospital, professional nursing and rehabilitative services, and b. Prosthetic devices. However, medical expenses do not include massage or acupuncture regardless of the person, entity, or licensee providing the massage or acupuncture. Medical expenses shall only be reimbursed for. a. Initial services and care that are: (1) Lawfully provided, supervised, ordered, or prescribed by a licensed physician, dentist, or chiropractic physician; (2) Provided in a hospital or in a fadlity that owns, or is wholly owned by a hospital, or (3) Provided by a person or entity licensed to provide emergency transportation and treatment; as authorized by the Florida Motor Vehicle No -Fault Law. b. Follow-up services and care referred by a licensed health care provider described in Paragraphs a.(1), (2) and (3) consistent with the underlying medical diagnosis rendered pursuant to Paragraph 17.3., d provided, supervised, ordered or prescribed only by a licensed: (1) Physician, osteopathic physician, chiropractic physician, or dentist; or FMIT PIP 1014 Page 5 of 8 (2) Physician assistant or advanced registered nurse practitioner, under the supervision of such physician, osteopathic physician, chiropractic physician, or dentist; as authorized under the Florida Motor Vehicle No -Fault Law. Follow-up services and care may also be provided by: (3) A licensed hospital or ambulatory surgical center; (4) An entity wholly owned by one or more licensed physicians, osteopathic physicians, chiropractic physician, or dentists; or by such practitioners and the spouse, parent, child, or sibling of such practitioners; (5) An entity that owns or is wholly owned, directly or indirectly, by a hospital or hospitals, (6) A licensed physical therapist, based upon a referral by a provider described in Paragraph F.3.; or (7) A health care clinic licensed under the Florida Health Care Clinic Act (a) Which is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the American Osteopathic Association, the Commission on Accreditation of Rehabilitation Facilities, or the Accreditation Association for Ambulatory Health Care, Inc.; or (b) Which: Has a licensed medical director; (ii) Has been continuously licensed for more than 3 years or is a publicly traded corporation that issues securities traded on an exchange registered with the United States Securities and Exchange Commission as a national securities exchange; and (iii) Provided at least four of the following medical specialties: General medicine; ii. Radiography; iii. Orthopedic medicine; iv. Physical medicine; V. Physical therapy; FMIT PIP 1014 Page 6 of 8 vi. Physical rehabilitation; vii. Prescribing or dispensing outpatient prescription medication; or viii. Laboratory services; as authorized under the Florida Motor Vehicle No -Fault Law. 4. The FMR may limit its payment or reimbursement of medical expenses to 80 percent of the following schedule of maximum charges: a. For emergency transport and treatment by providers licensed under chapter 401, 200 percent of Medicare. b. For emergency services and care provided by a hospital licensed under chapter 395, 75 percent of the hospital's usual and customary charges. C. For emergency services and care as defined by s. 395.002 provided in a facility licensed under chapter 395 rendered by a physician or dentist, and related hospital inpatient services rendered by a physician or dentist, the usual and customary charges in the community. d. For hospital inpatient services, other than emergency services and care, 200 percent of the Medicare Part A prospective payment applicable to the speck hospital providing the inpatient services. e. For hospital outpatient services, other than emergency services and care, 200 percent of the Medicare Part A Ambulatory Payment Classification for the specific hospital providing the outpatient services. f. For all other medical services, supplies, and care, 200 percent of the allowable amount under: (1) The participating physicians fee schedule of Medicare Part B, except as provided in sub -sub -subparagraphs (II) and (III). (II) Medicare Part B, in the case of services, supplies, and care provided by ambulatory surgical centers and clinical laboratories. (III) The Durable Medical Equipment Prosthetics/Orthotics and Supplies fee schedule of Medicare Part B, in the case of durable medical equipment. However, if such services, supplies, or care is not reimbursable under Medicare Part B, as provided above, WIT may limit reimbursement to 80 percent of the maximum reimbursable allowance under workers' compensation, as determined under s. 440.13 and rules adopted FMIT PIP 1014 Page 7 of 8 thereunder which are in effect at the time such services, supplies, or care is provided. Services, supplies, or care that is not reimbursable under Medicare or workers' compensation is not required to be reimbursed by FMIT. FMIT PIP 1014 Page 8 of 8 AUTOMOBILE PHYSICAL DAMAGE COVERAGE FORM Various provisions in this Agreement restrict coverage. Read the entire Agreement carefully to determine rights, duties and what is and is not covered. Throughout the Agreement the words "you' and "your" refer to the member shown in the Declarations. The words "we," "us" and "our" refer to the Trust providing this insurance. A. COVERAGE The Trust will pay for direct physical loss or damage to a covered automobile as described in the Declarations caused by or resulting from any covered cause of loss. Covered Property Covered property, as used in this coverage part, means any "auto" described in the schedule which you own, hire, borrow, or lease, including newly acquired autos (refer to schedule). 2. Covered Causes of Loss a. Comprehensive Coverage From any cause except the covered automobile's collision with another object or its overturn. b. Collision Coverage Caused by the covered automobile's collision with another object or its overturn. c Specified Causes of Loss Coverage. Caused by: 1. Fire, lightning or explosion, 2 Theft; 3. The sinking, burning, collision, or derailment of any conveyance transporting the covered "auto"; or 4. Mischief or vandalism. B. EXCLUSIONS The Trust will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Wear and tear, freezing, mechanical or electrical breakdown unless caused by other loss covered by this endorsement. to. Blowouts, punctures or other road damage to tires unless caused by other loss covered by this endorsement. c. Loss to tape decks or other sound reproducing equipment not permanently installed in a covered auto. d. Loss to tapes, records or other sound reproducing devices designed for use with sound reproducing equipment. FMITAPD 1014 Page 1 of 4 C. DEDUCTIBLE The Trust will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the deductible shown in the schedule or in the Declarations. We will then pay the amount of loss or damage in excess of the deductible, up to the applicable Limit of Insurance. D. LOSS CONDITIONS The following conditions apply in addition to the common Agreement conditions. Duties in the event of loss or damage a. Promptly notify the Trust or the Service Agent of any accident or loss and report how, when and where the accident or loss happened. b. Do what is reasonably necessary after a loss to protect the covered automobile from further loss. C. Submit a proof of loss when required by the Trust. 2. Inspection and Appraisal a. Permit the Trust to inspect and appraise the damaged property BEFORE its repair or disposition. If there is a failure to agree as to the amount of loss, either party may further demand an appraisal of the loss. In such event, both parties may agree on one competent appraiser to make the final decision or each party may select his own appraiser and bear his own cost of appraisal, and a competent and disinterested umpire will be selected to make the final decision. 3. Loss Payment a. At the Trust's option, it may: 1. Pay for, repair, or replace damaged or stolen property; or 2. For theft, return the stolen property, at its expense. The Trust will pay for any damage that results to the automobile from the theft. b. The Trust will pay the lesser of the following amounts. 1. The actual cash value of the damaged or stolen property at the time of loss. 2. The cost of repairing or replacing the damaged or stolen property with other of like kind or quality. C. For each covered automobile, the Trust's obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the auto schedule. d. Loss to any sound receiving or transmitting equipment designed for use as a two. way mobile radio or telephone or scanning monitor or radar transmitting or receiving device, including its antennas and other accessories, unless permanently installed in the automobile or scheduled elsewhere. FMITAPD 1014 Page 2 of 4 Other Insurance a. For any covered automobile owned or leased, this Agreement is primary. b. When this Agreement and other policies covered on the same basis, either excess or primary, the Trust will pay only its share. Its share is the proportion that the limit of this Agreement bears to the total of the limits of this Agreement and all the policies covering on the same basis. 5. Right to Recover If the Trust makes any payment, it shall be subrogated and have the right to enforce its subrogation rights against any other party who caused the loss or damage. The member, its agents and employees are required to cooperate with the Trust in the enforcement of its rights of collection against the party or parties causing the loss and shall do nothing to jeopardize the rights of the Trust without the Trust's prior consent and authorization. E. COVERAGE EXTENSIONS 1. Limited Replacement Cost: We will reimburse the Designed Member for an owned and scheduled private passenger vehicle, pickup truck or sport utility vehicle that is involved in a covered total loss if the vehicle has less than 18,000 miles and is within the first 12 months of being scheduled at the time of the total loss. 2. Members Personal Effects: in the event of a covered loss, we will pay a maximum of $1,000.00 for members personal effects while in a scheduled private passenger vehicle, pickup truck or sport utility vehicle owned by the Designated Member. The covered vehicle must show evidence of forced entry when the occurrence is caused by theft and must be reported to a law enforcement agency. 3. Auto Lease Coverage: In the event of a covered total loss to a covered auto shown in the schedule, we will pay any unpaid amount on the lease of your covered auto less: 1) the amount paid under Part D of the agreement, and 2) any: a. overdue lease payments at the time of the loss: b. financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; C. security deposits not refunded by a lessor,- d. essor;d. costs for extended warranties, Credit Life insurance, Health, Accident or Disability insurance purchased with the lease; and e. carry-over balances from previous leases. The most we will pay for any one occurrence is up to $5,000.00. The most we will pay in any Trust year is up to $10,000.00. 4. Towing: We will pay a maximum of $100.00 per occurrence for towing and labor cost incurred each time a scheduled auto is disabled. However, the labor must be performed at the place of disablement. FMITAPD 1014 Page 3 of 4 5. Hired Automobile Physical Damage: For members who purchase Automobile Physical Damage, a limit of $50,000.00 per rental private passenger vehicle is included subject t0 the greater of a $2,500.00 deductible or the highest deductible described on the Automobile Schedule. The most we will pay in any Trust Year is $100,000.00. Accidental Inflation of Airbags: The most we will pay for any one occurrence is $1,500.00 for any and all damages or repair. F. DEFINITIONS Automobile business, means the business or occupation of selling, repairing, servicing, storing, or parking automobiles. Hired Automobile, means an automobile not owned by the designated member which is used under contract on behalf of, or loaned to, the designated member, provided such automobile is not owned by or registered in the name of an employee or agent of the designated member who is granted an operating allowance of any sort for the use of any such automobile. Owned Automobile, means an automobile owned by the designated member. Private Passenger Automobile, means a four-wheel private passenger or station wagon type automobile. Trailer, includes a semi -trailer but does not include mobile equipment, unless scheduled. Loss, means direct and accidental damage or loss. FMITAPD 1014 Page 4 of 4 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY RENTAL REIMBURSEMENT COVERAGE This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to Automobile Physical Damage as set forth below. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. This endorsement provides only those coverages where a premium is shown in the Automobile Physical Damage portion of the Schedule. It applies only to a covered "auto" described and designated in the Schedule. B. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. C. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: Thirty (30) days. or 2. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. D. Our payment is limited to the lesser of the following amounts: Necessary and actual expenses incurred that relate directly to the "loss" of the covered auto. 2. The maximum payment stated applicable to "any one day" or "any one period" for each occurrence. E. This coverage does not apply while there are spare or reserve "autos" available to you for use in your operations. Maximum Amount Payable: $50.00 per day per covered automobile per occurrence, or five thousand dollars ($5,000.00) in the aggregate for the Fund year in which the loss(es) occur. FMITARR 1009 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SPECIFIC EXCESS ENDORSEMENT -AUTOMOBILE LIABILITY This endorsement, when issued by the Florida Municipal Insurance Trust, does not in any way modify the provisions of the Coverage Agreement. It does extend the monetary limits of liability, as stated in the Limits of Liability in the Declarations, as set forth below: It is agreed that the specific limits of liability are $ 5,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5) Florida Statutes or liability imposed pursuant to Federal Law, or to any liability resulting from actions taken outside of the State of Florida where it is determined by a court of competent jurisdiction that the liability limitations contained in Section 768.28(5), Florida Statutes, are inapplicable, if such liability is covered by the Agreement. The limits provided herein are inclusive of the $200,000 each person and $300,000 each occurrence liability limitations contained in Section 768.28 (5), Florida Statutes, but in no way exceed $ 5,000,000 (combined single limit) per occurrence. Exclusion Y is amended as follows: To any damages imposed by an act of the legislature, except for claims bills passed by the legislature pursuant to Section 768.28(5), Florida Statutes, against a Member, for damages covered under the terms of this Agreement FM IT SEAL 1012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ CAREFULLY. EMPLOYER-PROVIDED VEHICLES — AUTOMOBILE LIABILITY It is agreed that as of the effective date of this Endorsement, the Agreement is amended in the following particulars: Automobile Liability Coverage shall include the following additional coverage as respects scheduled vehicles assigned to employees of Designated Members provided the Designated Member has implemented a policy governing use of its vehicles by its employees, any such vehicle has been specifically identified at least by vehicle identification number and the identity of the employee to whom the vehicle has been assigned is recorded. Coverage is provided for Bodily Injury, Property Damage, Personal Injury Protection, if applicable, and Uninsured Motorists (where applicable). The limit of liability for this coverage is same as described on the Automobile Liability and Physical Damage Declarations Page. The Personal Injury Protection, if applicable, and Uninsured Motorists limit, where applicable, is the Personal Injury Protection limits and Uninsured Motorists limits, respectively, shown on the Automobile Liability and Physical Damage Declaration Page. it. For purposes of this Endorsement, the Agreement is further amended as follows: Section I regarding the Coverage section of the Agreement, which provides: A member must be acting within the scope of vehicular use authorized by the Designated Member at the time of the occurrence which gives rise to any claim or lawsuit brought against the Designated Member and/or member. Section VI regarding the Exclusion section of the Agreement which provides: B. This Coverage Agreement does not apply to any liability arising in whole, or in part out of: 1. any act or omission of a member committed while acting outside the scope of use authorized by the Designated Member, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. FMITAE 1008 Page 1 of 1 I. DESIGNATED MEMBER: FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS Town of Gulf Stream Address: 100 Sea Road Gulf Stream, FL 33483 II. COVERAGE PERIOD From October 1, 2014 to October 1, 2015 12:01 A.M. Standard Time at the address of the Designated Member. III. AGREEMENT NUMBER Florida Municipal Insurance Trust (FMIT) FMIT#0228 IV. COVERAGES INCLUDED General Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Premium Constant Credit $89,771 $200 $(11,510) Signature of Authorized Representative Net Premium $78,461 October 1, 2014 Dale FLORIDA MUNICIPAL INSURANCE TRUST GENERAL/PROFESSIONAL LIABILITY COVERAGE AGREEMENT DECLARATIONS I. DESIGNATED MEMBER Town of Gulf Stream IL GOVERNMENT DESCRIPTION Municipality Agreement No.: FMIT #0228 III. COVERAGE PERIOD From October 1, 2014 to October 1, 2015 12:01 A.M. Standard Time at the address of the Designated Member. IV. General/Professional Liability Payroll: 1. General Liability a. Broad Form Property Damage b. Extra Contractual Legal Expense c. Fire Legal Liability d. Medical Attendants'/Medical Directors' Malpractice Liability 2. Errors and Omissions Liability a. Employment Practices Liability b. Employee Benefits Program Administration Liability 3. Law Enforcement Full Time with Arrest Powers: Part Time with Arrest Powers: 4. Information Security & Privacy Liability THESE ARE CLAIMS MADE AND REPORTED COVERAGES Insuring Agreement I.A. a. Information Security & Privacy Liability Retroactive Date: 10/1/2012 Insuring Agreement I.B. b. Privacy Notification Costs Retroactive Date: 10/1/2012 Insuring Agreement I.C. c. Regulatory Defense and Penalties Retroactive Date: 10/1/2012 Premium Deductible/ Net Basis Type Limit Premium FMIT GL DEC 1014 Page 1 of 3 $0 $5,000,000 $32,020 430,572 $0 Per Form Included N/A $25,000 Included $0 $500,000 Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included 11 1 $250,000 Each Claim $250,000 Agreement Aggregate Limit of Liability $25,000 Included Included $10,000 Included Included $25,000 Included Included FMIT GL DEC 1014 Page 1 of 3 Insuring Agreement I.D. d. Website Media Content Liability Retroactive Date: 10/1/2012 Insuring Agreement I.E. e. PCI Fines and Costs Retroactive Date. 10/1/2012 Insuring Agreement I.F. f. Cyber Extortion Retroactive Date: 10/1/2012 Insuring Agreement I.G. g. First Party Data Protection Retroactive Date: 10/1/2012 Insuring Agreement I.H. h. First Party Network Business Interruption Retroactive Date: 10/1/2012 V. This agreement includes these endorsements and schedules: See ScheduleA VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Incentive Net Premium Credit Premium $36,541 $(4,521) $32,020 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT GL DEC 1014 Page 2 of 3 $25,000 Included Included $25,000 Included Included $35,000 Included Included $35,000 Included Included $35,000 Included Included V. This agreement includes these endorsements and schedules: See ScheduleA VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Incentive Net Premium Credit Premium $36,541 $(4,521) $32,020 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT GL DEC 1014 Page 2 of 3 FMIT GENERALIPROFESSIONAL LIABILITY COVERAGES October 1, 2014 - October 1, 2015 Schedule Coverage Forms List FMIT #0228 Schedule A Form # Description General Liability Common FMIT TRAG 1014 Trust Agreement FMIT CA 1014 Coverage Agreement FMIT PN LX 1012 General Liability FMIT BFPD 1010 Broad Form Property Damage Endorsement FMIT ECLE 1013 Extra Contractual Legal Expense Endorsement FMIT FLL 1012 Fire Legal Liability Endorsement FMIT MA 1007 Medical Attendants'/ Medical Directors' Malpractice Liability Endorsement FMIT EO 1013 Errors and Omissions Liability Endorsement FMIT LE 1014 Law Enforcement Liability Endorsement FMIT IC BH 1014 Inverse Condemnation and Bert J. Harris Jr. Private Property Rights Protection Act FMIT SE GL 1012 Specific Excess Endorsement - General Liability FMIT PNL 1012 Privacy/Network Security Liability FMIT PN LX 1012 First Party Computer Security Coverage EMIT CIE 1011 Crisis Intervention Expense Endorsement FMIT SBU 1011 Sewerline Backup and Initial Cleanup Expense FMIT GL DEC 1014 Page 3 of 3 FLORIDA MUNICIPAL INSURANCE TRUST TRUST AGREEMENT THIS AGREEMENT, made and entered into this 1st day of October, 1992, by and between the Florida Municipal Insurance Trust (Trust) and all parties who are now or may hereafter become members of the Florida Municipal Insurance Trust (member), acting by and through a Board of Trustees of their own selection. These members of the Florida Municipal Insurance Trust, all local government entities, have organized and formed a trust, and have agreed to pod their liabilities pursuant to Florida law. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and obligations herein contained, which are given to and accepted by each member hereof to the other, the parties to this instrument covenant, stipulate and agree as follows: RESPONSIBILITIES OF MEMBER As a pre -requisite for participation in the Trust, each member of the Trust agrees to abide by the following terms, conditions and obligations: GENERAL CONDITIONS A. The member agrees the Board of Trustees, the governing body of the Trust, comprised entirely of local elected officials, will set up, operate and enforce its own administrative rules, regulations and by-laws as between the individual members of the Trust and shall otherwise direct the affairs of the Trust; B. The member and the Trust agree that the Board may admit as members of this Trust only acceptable employers in the state of Florida who have common governmental interest. The Board or its designee shall be sole judge of whether or not an applicant shall be admitted to membership; C. The member agrees to maintain a reasonable loss prevention program in order to provide the maximum in safety and lawful practices as such may relate to the potential liability assumed by the Trust under this Agreement or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement; D. The member agrees to provide immediate notification of such occurrence to the Trust in the event of an occurrence likely to give rise to a claim within the scope of this Agreement, or any other agreement, certificate, document or other instrument executed by the Trust and the member pursuant to this Agreement; E. The member agrees to promptly make all contributions for coverages arising under this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement at the time and in the manner directed by the Board of Trustees. Said contributions may be reduced by any discount, participation credit, or other contribution reduction program established by the Board of Trustees; F. The member agrees in the event of payment of any loss by the Trust on behalf of the member, the Trust shall be subrogated to the extent of such payment to all the rights of the member against any party or other entity legally responsible for damages resulting from said loss, and in such event, the member hereby agrees, FMIT TRAG 1014 Page 1 of 7 on behalf of itself, its officers, employees, and agents to execute and deliver such instruments and papers as are required, to secure such right to the Trust, and to cooperate with and otherwise assist the Trust as may be necessary to effect any recovery sought by the Trust pursuant to such subrogated rights, to do whatever else is reasonably necessary to secure such right to the Trust, and to do nothing that will impair the rights of the Trust herein described. G. The member agrees the Board of Trustees, its Administrator, and any of their other agents, servants, employees or attorneys, shall be permitted at all reasonable times and upon reasonable notice to inspect the property, work places, plants, works, machinery and appliances covered pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, and shall be permitted at all reasonable times while the member participates in the Trust, to examine the members' books, vouchers, contracts, documents and records of any and every kind which show or tend to show or verify any loss that may be paid or may have been paid by the Trust on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, or which show or verify the accuracy of any contribution which is paid or payable by the member pursuant to the terms of this Agreement, or any other agreement, certification, document or any other instrument executed by the Trust and the member pursuant to this Agreement; However, neither the Trust, it's Board of Trustees, its Administrator, nor any of their agents, servants, employees or attorneys of either will have any liability to the member or others because of any inspection or failure to inspect. H. The members hereby delegate to the Board of Trustees the responsibility to contract for handling the administrative and servicing functions of the Trust. The Board may pay a reasonable fee for such, which shall be negotiated from time to time by the Board of Trustees. These fees shall be in consideration of all services and expenses contracted for with the Trust, which services or expenses may include the collecting, disbursing, and accounting for monies collected, counseling with members as to the safety hazards, claims handling and investigations, and legal services, actuarial services and accounting services and for the purpose of providing for excess insurance coverage. Books and records of all contractors employed by the Trust are to be open to inspection by the Board of Trustees or their agents at all reasonable times and as otherwise required by law; The member and the Trust agree the administrator, to be appointed by the Board, shall deposit to the account of the Trust, at any bank or banks designated by the Board, all contributions or other monies, as and when collected and said monies shall be disbursed only as provided by (1) the Trust's Agreement and Declaration of Trust, (2) the rules, regulations and by-laws of the Board, and (3) the Agreement between the Board and the administrator; The member and the Trust agree that the Trust is to defend in the name of and on behalf of the member any claims, suits or other legal proceedings which may at any time be instituted against the member on account of any liability for monetary damages, to the extent such defense and liability has been assumed by the Trust pursuant to an obligation to defend that arises under this Agreement or any other agreement, certificate, documents, or other instrument executed by the Trust and the member pursuant to this Agreement, subject to any and all of the definitions, terms, conditions and exclusions contained in said agreements, certificates, FMITTRAG 1014 Page 2 of 7 documents or other instruments. Further, the member agrees: For any occurrence resulting in a claim or suit for damages under this Agreement, the Trust, in its sole discretion, may investigate; settle; coordinate the defense of claims or counts within suits which may not be expressly covered by this Agreement but which provide strategic benefits through coordinated litigation; and/or use of any other reasonable means permitted by applicable rules of stale law and attorney professional conduct, without the prior consent or approval of the member. 2. The Trust shall have no obligation to retain more than one attorney to defend all members involved in any single occurrence resulting in a claim or suit for damages covered by this Agreement. 3. The Trust shall remain in control of the defense for any occurrence resulting in a claim or suit for damages for which the Trust is obligated to provide a defense or elects to provide a defense to the member, whether covered or not covered by this Agreement, notwithstanding any of the following: a. There is more than one defendant against whom a claim or suit is brought; b. There is any real or perceived conflict between or among the Trust, any member or any defendant(s) involved in any claim or suit; C. The Trust has reserved its right to deny or limit its coverage in any claim or suit; d. The Trust or the member initiates any claim or suit against any other Trust member. 4. In the event any court of competent jurisdiction orders the Trust to provide attorney representation beyond the attorneys the Trust selects and retains, the member shall be entitled to the fees and charges for such attorney representation only to the extent of usual and customary legal fees and charges paid by the Trust for reasonably similar representation. K. The member agrees the liability of the Trust is specifically limited to the discharge of the liability of its members assumed pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, L. The member agrees the coverage of the Trust does not apply to punitive or exemplary damages, M. The Trust shall operate on a fiscal year from October 10 to September 30°1 of the succeeding year. Application for continuing membership, when approved in writing by the Board or their designee, shall constitute a continuing contract for each succeeding fiscal period unless cancelled by the Board or unless the member shall have resigned or withdrawn from said Trust by written notice; N. Unless the Trust and the member otherwise expressly agree in writing, the member agrees coverage by the Trust for a member under the terms of this Agreement or FMIT TRAG 1014 Page 3 of 7 any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, shall expire automatically at 12:00 am on the first day of October of each calendar year; 0. Except as otherwise provided herein, the member and the Trust agree such member's coverage may be canceled by the Trust or the member at any time upon no less than forty-five (45) days prior written notice by the Board of Trustees or the Administrator to the member and to the Division of Workers' Compensation, if applicable, or by the member to the Trust, stating the date such cancellation shall be effective; however, cancellation by the member after the initial effective date of coverage (October 1), may be other than pro -rata; or the Trust may cancel for non- payment of contribution by issuing written notice of cancellation to the member 10 days before the effective date of cancellation; The notice will be mailed or delivered to the member's last known address. If notice is mailed, proof of mailing will be sufficient evidence of notice as of the date of the postmark. P. The member agrees excess monies remaining after the payment of claims and claim expenses, and after provision has been made for the payment of open claims and outstanding reserves, may be distributed by the Board of Trustees to the members participating in the Trust in such manner as the Trustees shall deem to be equitable; 0. The member agrees there will be no disbursements out of the reserve fund established by the Trust by way of dividends or distributions of accumulated reserves to members until provision has been made for all obligations against the Trust and except at the discretion of the Board of Trustees; R. The member agrees to permit qualified service providers, including attorneys selected by the Trust, to defend, investigate, settle, and otherwise process and dispose of all claims, suits, allegations or demands that may result in liability assumed by the Trust on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust or the member pursuant to this Agreement, notwithstanding the following rights which the Trust agrees the member shall retain: The member may, in its discretion and solely at its own expense, retain counsel other than the attorney(s) provided by the Trust to represent the member against any claim, suit, allegations or demands. The Trust shall have no obligation to cover the cost of such retained counsel or any related expenses. However, the member agrees that, even to the extent it may use counsel other than the attorneys) appointed by the Trust and notwithstanding the provisions of General Condition J., the Trust shall retain the right to maintain control of the defense of any claim or suit as provided elsewhere in this Agreement. 2. If the member's limit of liability is exhausted and the Trust or its agent has not noted the member of such exhaustion at least thirty (30) days prior, then the Trust shall continue providing the defense previously undertaken by the attomey(s) appointed by the Trust for a reasonable period of time, not to exceed thirty (30) days following exhaustion of the member's limit of liability, during which time the member shall acquire control of the claims, suits, allegations or demands remaining at issue. However, the member FMIT TRAG 1014 Page 4 of 7 shall reimburse the Trust for any related expenses incurred during the transfer of the matter from the Trust -appointed attomey(s) to the attorney(s) chosen by the member following exhaustion of the member's limit of liability. S. The member shall make prompt payment of all contributions as required by the Board of Trustees, said contributions to be determined by said Board. The member shall fully cooperate with auditors of the Trust to promptly determine final audited contributions. Any disputes concerning contributions shall be resolved after payment. Any objections concerning the final audited contribution shall be filed within 60 days of billing of the final audited contributions. After that time, the audit shall be considered to be final; T. The member agrees to pay reasonable penalties as determined by the Board of Trustees for late payment of contributions required under this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement; U. The member, through the Board of Trustees, does hereby appoint the Administrator of the Trust as its agent and attomey-in-tad, to act in its behalf and to execute all necessary contracts, reports, waivers, agreements, excess insurance contracts, service contracts, and other documents reasonably necessary to accomplish the purposes and to fulfill the responsibilities of the Trust; to make or arrange for the payment of claims, claim expenses, medical expenses, and all other matters required or necessary insofar as they affect the members liability under federal or Florida law and insofar as such matters are covered pursuant to the terms of this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, and by the rules and regulations now or hereafter promulgated by the Board of Trustees; V. The Trust shall determine all questions of the scope of liability coverage, eligibility methods of providing or arranging for benefits, and ail other related matters. It shall have full power to construe the provisions of this Agreement and the other program documents in the terms used here and therein. Any such determination and any such construction adapted by the Trust in good faith shall be binding upon all parties hereto and the members, provided such determination or such construction is consistent with the laws of the State. The member agrees to abide by all the terms and conditions of this Agreement, the Participation Agreement, the Trust's By-laws, the rules and regulations, and any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to the Agreement; W. The member and the Trust agree the Trust will maintain an excess coverage program and reserve evaluation to protect the financial stability of the Trust in an amount and manner determined by a qualified and independent actuary; X. The member and the Trust agree the Trust will submit to the appropriate governmental agency annually an audited fiscal year-end financial statement prepared by an independent certified public accountant; Y. The member and the Trust agree that any member who formally applies for membership in this Trust and is accepted by the Board of Trustees shall thereupon become a party to the Trust's Agreement and Declaration of Trust and be bound by FMIT TRAG 1014 Page 5 of 7 all of the terms and conditions contained therein, and said application shall constitute a counterpart of said Agreement and Declaration of Trust; and Z. Members' duties after loss: 1. give the Trust prompt written notice of any accident, occurrence or potential claim along with all relevant information concerning the claim. The member shall have a continuing duty to provide to the Trust all relevant information promptly as the member becomes aware of such information; and 2. cooperate fully with the Trust in defense or settlement of claims or opposition to claims bills, and in the enforcement of any right of contribution or indemnity; and 3. forward to the Trust every notice, demand, summons or other process served upon the member relating to any occurrence, and take no further action concerning the occurrence without the approval of the Trust or the servicing agent; and 4. take reasonable steps to prevent additional or cumulative bodily injury, personal injury or property damage from or arising out of the same or similar conditions or circumstances; and 5. not engage in settlement negotiations as to any claim or suit, and the Trust shall have no obligation to pay the amount of any settlement negotiated or agreed upon by a member without prior written approval by the Trust or the servicing agent; and 6. agree to take all reasonable actions, where appropriate, which shall facilitate settlement of claims; and 7. agree to responsible counsel selected by the Trust to defend the claim and agree not to use the designated member's counsel in defense of said action unless otherwise provided in this Trust Agreement; and B. keep all bills, receipts and related documents that establish the amount of loss; and 9. furnish a complete inventory of the lost, damaged and destroyed property, showing in detail the quantity and amount of loss claimed under the valuation provision of the Coverage Agreement; and 10. promptly separate the damaged property from the undamaged property, and keep it in the best possible order for examination; and 11. take all reasonable steps to protect the covered property from further damage, and 12. give notice of such loss to the proper authorities if the loss may be due to a violation of the law; and 13. refrain from any intentional efforts (whether by statements, actions or agreements) that: (1) harm, undermine, injure or conflict with the known legal strategy put forth by the Trust; (2) that are against the member's self- interest or the interest of the Trust; (3) that are contrary to the member's pecuniary or proprietary interest, or that of the Trust; or (4) that tend to subject the member or the Trust to liability or expand existing liability; AA. Transfer of member's rights and duties under this Agreement. Your rights and duties under this Agreement may not be transferred without our written consent. This applies to all coverages under this Agreement or any that may be added after the effective date of this Agreement. Should your rights and duties be transferred to a legal representative, they may act only within their scope of duties with regard to this Agreement. Until your legal FMITTRAG 1014 Page 6 of 7 representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. BB. Required member contributions shall be in addition to the deductible amount, if any, as set forth in the declarations to the Coverage Agreement. Where such deductible amount is required, coverages arising under this Agreement shall be in excess of such deductible. The Trust may pay on behalf of the member all or any portion of the deductible amount and upon notification by the Trust of such payment, the member shall promptly reimburse the Trust for any portion of the deductible the Trust has paid. CC. In the event any claim or suit results in liability against the member for which there is coverage under this Agreement and which is reasonably likely to be submitted to, or is submitted to, the legislative claims bill process in the Florida Legislature, the member agrees, on behalf of itself, its officers, employees, and agents, that the Trust shall have the right to control its representation in such matter before the legislative branch of the state government. Further, the member agrees to execute and deliver such instruments and papers as required by the Trust, to cooperate with any attorney or other representative retained by the Trust, to provide relevant testimony if required by the Trust, to do whatever else is reasonably necessary in the interest of defending such claim or suit in the legislative claims bill process and to do nothing that will impair or conflict with the rights of the Trust herein described. Additionally, the member shall Refrain from any intentional efforts (whether by statements, actions or agreements) that harm, undermine, injure or conflict with the known legal or legislative defense strategy being put forth by the Trust, that are against the member's self-interest, that are contrary to the member's pecuniary or proprietary interest, or that of the Trust, or that tend to subject the member or the Trust to liability or expand existing liability. DD. The member agrees that in the event of any legal issue between the Trust and any member requiring disposition by a court of law, including any determinations of whether and/or the extent to which coverage exists, this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement, shall be deemed to have been made in Orange County, Florida and venue shall lie in the appropriate state or federal courts of Orange County, Florida. Agreement #: Designated Member: AGREED AND ENTERED this _{jay of 9171 U1 FwF V= TTist Don Lund Printed Name Associate Director of Insurance Services Title For the Member Printed Name Title FMITTRAG 1014 Page 7 of 7 FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE AGREEMENT APPLICABLE TO: GENERAL LIABILITY, AUTOMOBILE, PROPERTY AND ALLIED LINES In consideration of the member's payment of the required contributions and the covenants and terms set forth in (a) the TRUST MEMBER AGREEMENT, the statements and representations contained in (b) the member's APPLICATION FOR COVERAGE, (c) the DECLARATIONS and the terms, conditions, limits of liability, exclusions and other provisions of (d) the COVERAGE AGREEMENT including any endorsements thereto, (a, b, c, and d shall hereinafter collectively form and be referred to as the "Agreement"), the Florida Municipal Insurance Trust (hereinafter the 'Trust") hereby enters this Agreement with the member as follows: COVERAGE The Trust will pay all sums which a member becomes legally obligated to pay as damages because of: Bodily Injury Property Damage Personal Injury, or Advertising Injury to which this Agreement and any endorsements thereto apply caused by an occurrence which takes place during the coverage period of this Agreement. As a pre -requisite to any coverage provided by the Trust under this Agreement, the member expressly agrees to each of the General Conditions contained in the member Trust Agreement, along with the provisions of the Agreement and Declaration of Trust creating the Trust and any rules, policies and procedures adopted by the Trust, which shall be deemed a part of this Agreement, whether expressly restated herein or not. LIMITS OF LIABILITY Regardless of the number of (1) members under this Agreement, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of bodily injury, property damage or personal injury, the liability of the Trust is limited as follows: The total liability of the Trust applicable to "each person" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, claimant allome)(s fees, and prejudgment or post -judgment interest, sustained by one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. The total liability of the Trust applicable to 'each occurrence" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post -judgment interest, sustained by more than one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. FMIT CA 1014 Page 1 of 18 For the purpose of determining the limit of the Trust's liability, all damages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. DEFENSE AND SETTLEMENT In addition to the limits of liability, the Trust will settle or defend at its own expense, as it considers appropriate, any claim or suit demanding money damages covered by this Agreement. The Trust will defend any suit against a member which alleges a claim for money damages covered by this Agreement even if such suit is eventually found groundless, false or fraudulent. However, the Trust has no duty to defend a member in any action which on its face alleges facts excluded or not covered by this Agreement. In the event a suit or other action contains allegations which allege damages which the Trust has a duty to defend and other allegations which allege damages or other relief that the Trust does not have a duty to defend, the Trust will defend all allegations subject to the terms, conditions, limits of liability and exclusions of the Agreement; however, undertaking such defense shall not obligate the Trust to pay any judgments, settlements or awards which a member becomes legally obligated to pay for allegations to which coverage does not apply. The Trust's duty to defend ends when applicable Limits of Liability have been exhausted. As a condition of coverage under this Agreement, the member agrees that settlement of any claim or suit may involve the payment of proceeds and/or the laking or forbearing to take certain actions by the member. Accordingly, the following requirements shall apply to all settlement efforts by the Trust and any party acting as the Trust's appointed representative or agent: For any occurrence resulting in a claim or suit for damages, if the Trust gives written notice of its recommendation for settlement, including the payment of proceeds to settle a claim or suit and/or the taking or forbearing to take certain actions by the member, and the member does not affirmatively accept such recommendation within a reasonably requested time period contained in the notice, not to exceed thirty (30) days following receipt of such notice, the Trust's sole coverage obligation to the member shall then not exceed the lesser or: a. The sum for which the claim or suit could have been settled at the time set forth in the notice of the Trust's recommendation for settlement; and b. The costs and expenses incurred by the Trust in relation to the claim or suit, through the date on which the member was required to provide its affirmative acceptance of the recommendation for settlement; or c. If less than the sum or a. and b. above, the unused portion of the stated limit of liability contained within the declarations, less any sell -insured retention or deductible amounts owed by the member. 2. In its application of the foregoing provision, the Trust shall have no obligation to obtain prior notice or authorization of the member or its legal counsel to make any proposed settlement, actual settlement or partial settlement of any claim or suit covered under this Agreement. FMIT CA 1014 Page 2 of 18 DEFINITIONS The following definitions apply throughout this Agreement unless modified or excluded: A. Advertising Injury, means injury arising out of an offense committed during the Agreement period occurring in the course of the designated member's advertising activities; if such injury arises out of libel, slander, defamation, violation of right of privacy, oral or written publication of material, misappropriation of advertising ideas or style of doing business or infringement of copyright, title, or slogan. B. Agreement Territory, means the United States of America, its ter itories and possessions, Puerto Rico and Canada. C. Automobile, means a land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus attached thereto),—or, any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". D. Bart J. Harris Private Property Rights Act Claim, means a claim alleging a cause of action authorized by section 70.001, Fla. Stat., as amended from time to time. E. Blanket Coverage, means in the event of a claim, the member's covered property coverage limit shall include the aggregate sum of agreed property values that were specified in the members Statement of Values and upon which the member's coverage and premiums were underwritten for the relevant coverage period. A blanket limit shall only apply when the designation 'Blanket" is noted within the member's Property, Allied Lines and Crime Declarations page and shall only apply to property described at a Scheduled Location. F. Bodily Injury, means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time resulting from an occurrence during the period of this Agreement. G. Communicable Disease includes but is not limited to Acquired Immune Deficiency Syndrome (AIDS), and any other sexually transmitted disease. H. Designated Member, means the entity, organization or constitutional officer named in Item I. or V. of the Declarations of this Agreement; designated member does not include employees or agents of that entity or organization. I. Designated Member's Products, means goods or products manufactured, sold, handled, or distributed by the designated member or by others trading under his name, including any container thereof (other than a vehicle), but "designated member's products" shall not include a vending machine or any other property, rented to or located for use of others but not sold. J. Elevator, means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof; but does not include an automobile servicing hoist, a material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter. K. Employee Benefits Program, means any pension and profit sharing plan; individual retirement account (IRA) plan; salary reduction plan under Internal Revenue Code 401 (k) or Amendments; employee stock subscription plan, savings plan; group plan for life, health, dental, disability, automobile, home owners, or legal services insurance; social security FMIT CA 1014 Page 3 of 18 system benefits; workers' compensation and unemployment insurance; travel and vacation plans, or educational tuition reimbursement plans created, administered or endorsed by a member L Employment Practices includes, but is not limited to any actual or alleged: 1 discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); 2. employment-related misrepresentation(s) to an employee or applicant for employment with the Public Entity; 3. failure to grant tenure; 4. failure to provide or enforce adequate or consistent policies and procedure relating to any Employment Practices Violation; 5. harassment (including sexual harassment whether "quid pro quo', hostile work environment or otherwise); 6. retaliation (including lockouts) or alleged employment decisions involving violation of any state, or local whistleblower protection law; 7. violation of an individual's civil rights relating to any of the above but only if the Employment Practices Violation relates to an employee or applicant for employment with the Public Entity whether direct, indirect, intentional or unintentional, 8. wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; 9. wrongful discipline; 10, wrongful dismissal, discharge or termination, either actual or constructive; 11. wrongful failure to employ or promote. M. Errors and Omissions, means a claim for damages alleging liability for any error, misstatement, omission, neglect or breach of duty by members while lawfully acting in their official capacity or lawfully acting within the scope of their employment, whether acting individually or collectively, excluding any claim based on a failure to property effect any insurance coverage agreement or secure adequate insurance coverage from any insuring entity including the Trust and excluding any claim related to matters arising before the State of Florida Commission on Ethics, or any local ethics commission created by charter or ordinance which has jurisdiction over the alleged misconduct. N. Incidental Contract, means a written (a) lease of premises, (b) easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad (c) obligation to indemnify a municipality, as required by municipal ordinance, except in connection with work for a municipality (d) an elevator maintenance agreement; or (e) contract otherwise entered by the member for which tort liability would be imposed against the member even in the absence of the contract, but does not include any contract that: involves the provision of professional services by an architect, engineer or surveyor; seeks to impose liability under a warranty of the fitness or quality of the member's FMIT CA 1014 Page 4 of 18 products or a warranty that work performed by or on behalf of the member will be done in a workmanlike manner; seeks to hold harmless and/or indemnify any person or entity excluded from the scope of 768.28, Fla. Stat.; seeks to make the member liable for any claim, loss or damages proximately caused by the negligent act or omission of another party, its directors, officers, employees, contractors and/or agents; seeks to waive the member's sovereign immunity or extend the member's tort liability beyond the limits established in Section 768.28 F.S.; seeks to impose contractual liability on the member for underlying tort claims beyond the limits specified in Section 768.28 F.S.; or does not otherwise comply with 768.28 F.S. O. Incidental Medical Malpractice Injury, means bodily injury arising out of the rendering of or failure to render medical services or treatment by a non-professional during the period of this Agreement, including the following services: 1. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or 2. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. Interlocal Agreement, means an agreement authorized by Chapter 163, Fla. Stat. that complies with section 768.28 Fla. Stat, Q. Inverse Condemnation, means any affirmative regulatory action by a designated member resulting in the deprivation of substantially all economically beneficial or productive use of private property and the resulting cause of action by the affected property owner to recover any loss in monetary value resulting from the regulatory action. As defined, "inverse condemnation" excludes any physical taking of properly or diminution of access to property, by whatever means and whatever name called. R. Loading or unloading, means the handling of property: 1. after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto;" 2. while it is in or on an aircraft, watercraft or "auto;" or 3. while it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or .auto." S. Member, as used herein means: the designated member, 2. while acting within the scope of his employment, any officer (except constitutional officers), volunteer, servant, or employee of the designated member, including elected and appointed officials, and members of Boards or Commissions. However, the coverage so provided any officer, servant, or employee does not apply to bodily injury to another officer, servant or employee of the designated member injured in the course of and arising out of his employment. FMIT CA 1014 Page 5 of 18 The coverage afforded applies separately to each member against whom claim is made or suit is brought, except with respect to the limits of liability of the Trust, and does not apply to bodily injury or property damage or personal injury liability arising out of the conduct of any partnership or joint venture of which a member is a partner or participant and which is not specified in this Agreement as a designated member. T. Mobile Equipment, means a land vehicle (including any machinery or apparatus attached thereto), whether or not self propelled, (a) not subject to motor vehicle registration, or (b) maintained for use exclusively on premises owned by or rented to the designated member, including the ways immediately adjoining, or (c) designed for use principally off public roads, or (d) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle. power cranes, shovels, loaders, diggers and drills; concrete mixers, graders, scrapers, rollers and other road construction or repair equipment; air compressors, pumps and generators, including spreading, welding and building cleaning equipment; and geophysical exploration and well servicing equipment. U. Mold, Spores and/or Fungus, means any mold, spores and/or fungus of any type of nature whatsoever that can cause or threaten harm to any living organism (including human health or human welfare, or the health or welfare of any animal or plant) or can cause or threaten physical damage, deterioration, loss of use, and/or loss of value or marketability, to any tangible property whatsoever. This includes, but is not limited to, any type(s) of mold, spores and/or fungus that are harmful or potentially harmful to health or welfare (such as Stachybotrys and others), or that are damaging or potentially damaging to tangible property (such as wet or dry rot, mildew and others) or that can otherwise cause or threaten to cause bodily injury, property damage, personal injury or advertising injury or any kind whatsoever. V. Occurrence, means an event or accident, including continuous or repeated exposure to substantially the same general harmful conditions which result in bodily injury, property damage, personal injury or advertising injury and not arising from any forth of intentional misconduct. W. Personal Injury, means injury sustained by any person or organization arising out of one or more of the following offenses committed during the term of this Agreement. 1. false arrest, detention, imprisonment; 2. wrongful entry or eviction, or other invasion of the right of private occupancy; 3. publication or utterance: a. of material that libels, slanders or defames or disparages a person or organization's goods, products or services; or; b. of material that violates an individual's right of privacy; except that publications or utterances in the course of or related to broadcasting, publishing, or telecasting activities conducted by or on behalf of the designated member shall not be deemed personal injury; X. Pollutants, mean any solid, liquid, biological, gaseous or thermal irritant or contaminate, including smoke, dust, vapor, soot, fumes, acids, alkalis, chemicals and electromagnetic radiation, liquids, gases, other irritants or contaminants and waste. Waste includes materials to be recycled, reconditioned or reclaimed. FMIT CA 1014 Page 6 of 18 Products -Completed Operations Hazard: 1. includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: a. products that are still in your physical possession; or b. work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (1) when all of the work called for in your contract has been completed. (2) when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (3) when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub -contractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 2. Does not include "bodily injury" or "property damage" arising out of: a. The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; b. The existence of tools, uninstalled equipment or abandoned or unused materials; or C. Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products -completed operations are subject to the General Aggregate Limit. Z. Property Damage, means (a) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting there from, or (b) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the period of this Agreement. AA. Scheduled Location, means a physical location identified within the member's Property Schedule at which the Trust and member agreed covered property may exist and more specifically, includes only the building(s), business personal property and/or non -building property (fixtures) specifically described and excludes any additional property at the physical location. BB. Sexual Action includes, but is not limited to, any verbal or non-verbal communication, behavior or conduct with sexual connotations or purposes, whether for sexual gratification, intimidation, coercion or other purpose, and regardless of whether such action is alleged to be intentional or negligent. CC. Sexual Abuse shall include, but is not limited to, the negligent or intentional infliction of physical, emotional or psychological injury or harm on any person or persons in the care, custody or control of any member and also includes one or more of the following acts: FMIT CA 1014 Page 7 of 18 1. any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen. 2. any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person. 3. any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose. 4. the intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the individual or the perpetrator, except that this does not include: a. any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for an individual; or b. any act intended for a valid medical purpose. 5. the intentional masturbation of the perpetrator's genitals. B. the intentional exposure of the perpetrator's genitals in the presence of an individual, or any other sexual act intentionally perpetrated in the presence of an individual, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose. 7. the sexual exploitation of an individual, which includes allowing, encouraging, or forcing an individual to: a. solicitation for or engage in prostitution; or b. any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience. DD. Suit, means a civil proceeding in which damages because of "bodily injury," "property damage", "personal injury or advertising injury" to which this coverage applies are alleged. "Suit" includes: 1. an arbitration proceeding in which such damages are claimed and to which the member must submit or does submit without consent, or 2. any other altemative dispute resolution proceeding in which such damages are claimed and to which the member submits with our consent. EE Your Product means: a. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) you; (2) others trading under your name; or FMIT CA 1014 Page 8 of 18 (3) a person or organization whose business or assets you have acquired; and b. containers (other than vehicles), materials, parts or equipment fumished in connection with such goods or products. 2. includes: a. warranties or representations made at any time with rasped to the fitness, quality, durability, performance or use of "your product;" and b. the providing of or failure to provide warnings or instructions. 3. does not include vending machines or other property rented to or located for the use of others but not sold. FF. Your Work: means: a. work or operations performed by you or on your behalf; and b. materials, parts or equipment furnished in connection with such work or operations. 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work," and b. the providing of or failure to provide warnings or instructions. EXCLUSIONS This Coverage Agreement does not apply: A. to any liability arising from any alleged breach of any express or implied contract, nor to bodily injury, property damage or any liability arising out of the member's assumption of liability in a contract or agreement, except an incidental contract or interlocal agreement, as those terms are defined herein; B. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any automobile operated by or rented or loaned to any member; 2. any other automobile operated by any person in the course of his employment by any member; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the member or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to any member; 3. any vehicle while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; C. to bodily injury or property damage arising out of: 1. the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any pre -arranged or organized racing, speed or FMIT CA 1014 Page 9 of 18 demolition contest or in any stunting activity or in practice or preparation for any such contest or activity; 2. the operation or use of any trailer designed for use therewith; or 3. the ownership, maintenance, operation, or use of a water theme park; 4. Inflatable Amusement Devices. D. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any watercraft used in law enforcement over fifty two (52) feet in length or thirty five (35) feet in length for all other watercraft; 2. any passenger while in or upon, entering or alighting from any watercraft, however, this exclusion does not apply to a watercraft you do not own that is not being used to carry persons or property for a charge; or 3. barge or lighter rented by the member to others with respect to which the member does not furnish employees to operate and does not have any operating control; 4. any watercraft while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; 5. any watercraft or structure being used as an artificial reef or similar purpose; 6. any marina operation owned, leased or operated by the member. E. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any aircraft owned or operated by or rented or loaned to any member; 2. any other aircraft operated by any person in the course of his employment by any member; but this exclusion does not apply to aircraft while parked on premises owned by, rented to or controlled by the member; to any liability arising out of or caused or contributed to by any maintenance, operation, use or control of or responsibility for any airfield, airport, runway, hangar, building or other property or facility designed for, used, connected, associated or affiliated with or in any way related to aviation or aviation activities or operations; provided that liability for services performed or premises located at or on any airfield, airport or aviation facility not directly related to aviation activities or operations, and not covered by any other liability insurance, shall not be excluded from coverage by this exclusion; G. any claim for bodily injury, property damage (including the loss of use thereof), personal injury or advertising injury caused by, contributed to or arising out of the actual or threatened discharge, dispersal, disposal, leaching, migration, seepage, release, or escape of pollutants and/or contaminates into or upon the land, the atmosphere or any course or body of water, whether above or below ground. However, this exclusion does not apply to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which bums outside the area intended to be or which becomes uncontrollable. H. any damages arising out of the ingestion, inhalation or absorption of lead in any form. Any loss, cost or expense arising out of any: 1. request, demand or order that any "member" or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of lead; or 2. claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead. FMIT CA 1014 Page 10 of 18 any damages from the process of continued surface and/or subsurface degradation and deterioration of lead based paint that has been applied to any surface of any building whether considered commercial or residential. I to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion and revolution, or to any act or condition incident to any of the foregoing; K. to any obligation for which any member or any carrier as it's insurer may be held liable under any social security, workers compensation, employers liability, unemployment compensation or disability benefits law, or under any similar law including any claims under the Americans with Disabilities Act; L. to bodily injury to any employee of the designated member arising out of and in the course of his or her employment by the designated member or to any obligation of a member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the designated member under an incidental contract. This exclusion shall include any liability incurred by a member as a result of an alleged wrongful employment practice; M. to property damage to property owned or occupied by, leased, or rented to a member; N. to property damage to premises alienated by the member arising out of such premises or any part thereof; O to loss of use of tangible property which has not been physically injured or destroyed resulting from a delay in lack of performance by or on behalf of the member of any contract or agreement; P. to property damage to the member's products arising out of such products or any part of such products; to property damage to work performed by or on behalf of the member arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; and to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the member's products or work completed by or for the member or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; Q. to any liability from the member's completed operations arising out of: 1. loss of sales, customers or profits suffered by a person or entity affected by the action of the member or its agents including any damages sustained by such person or entities by virtue of a business interruption; or 2. loss resulting from theft of any property which at the time of loss is not an integral part of a building or structure including direct loss by pillage and looting occurring during and at the immediate place of a dot or civil commotion; R. to any liability arising in whole, or in part out of: 1. any act or omission of a member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property; 2. any member obtaining remuneration or financial gain to which the member was not legally entitled; 3. the willful violation of any federal, stale or local law, ordinance or regulation committed by or with the knowledge or consent of any member; or 4. violation of public trust; FMIT CA 1014 Page 11 of 18 S. to any liability arising out of or in any way connected with a physical taking of property or any diminution of access to property, by whatever means or whatever name called, the operation of the principals of eminent domain, condemnation, proceedings, inverse condemnation or takings law, whether permanent or temporary, including but not limited to, claims arising out of federal, state or local land use, environmental, air, ground or water pollution, or health, safety and welfare laws, ordinances or regulations, claims arising from Chapter 70, Florida Statutes, known as the Bert J. Hams, Jr. Private Property Rights Protection Act, as may be amended from time to time, or claims arising from activities by or on behalf of a member which result in permanent or temporary loss of use or value of private property, whether such liability accrues directly against the member, or by virtue of any agreement entered into by or on behalf of the member; T. to any liability for injury, sickness, disease, death or destruction due to the rendering of or failure to render any professional service by any doctor, surgeon, dentist, nurse, physician's assistant, paramedic, emergency medical technician or other medical professional of a designated member; U. to any liability arising out of or in connection with or caused or contributed to by any failure or inability to supply, in whole or in part, any adequate quantity or quality of power, steam, pressure or fuel. Fuel includes, but is not limited to natural gas, heating oil and propane; V. to any liability arising out of or caused or contributed to by or connected with any actual or alleged violation of the Employee Retirement Income Security Act of 1974 (Public Law 93- 406) or any amendment thereto or any similar provision of any local, state or federal law, statutory or common; W. to any liability arising out of or caused or contributed to by any failure, breakage, inadequacy, maintenance of, design of and/or water overflow of any natural or man-made structure, including but not limited to: any dam, dyke, levee, reservoir, water barrier, ditches, canals, gates, aqueducts, water sheds, channels or culverts; X. to any liability for fines, punitive or exemplary damages; or any non compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti- discrimination, or racketeer influence and corrupt organization (RICO) laws; Y. to any damages imposed by special act of the Legislature; Z. to any'bodily injury" or "property damage: with respect to which a "member" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or 1. resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "member" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. a. under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear FMIT CA 1014 Page 12 of 18 material' and arising out of the operation of a "nuclear facility" by any person or organization. b. under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties' of "nuclear material" if: (1) the "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, a "member" or (b) has been discharged or dispersed therefrom; (2) the "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed or, by or on behalf of a "member"; or (3) the "bodily injury" or "property damage' arises out of the furnishing by a "member" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility; but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. as used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or 'by- product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its 'source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". 'Nuclear fadlity" means; a. any "nuclear reactor"; b. any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel', or (3) handling, processing or packaging "waste"; any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "member" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or EMIT CA 1014 Page 13 of 18 d. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste'; and includes the site on which any of the foregoing is located, all operations conducted onsuch site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a seg -supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all fors of radioactive contamination of property. AA. to personal injury arising out of any publication or utterance described in sub -paragraph W 3 of the definition of Personal Injury contained in the Definition section of this Agreement (a) if the first injurious publication or utterance of the same or similar material by or on behalf of the designated member was made prior to the effective date of this coverage; (b) concerning any organization or business enterprise, or its products or services, made by or at the direction of any member with knowledge of the falsity thereof; BB. to any liability arising out of errors and omissions as defined herein; CC. to bodily injury or property damage for which the designated member or his indemnitee may be held liable; 1. as an entity or organization engaged in manufacturing, distributing, selling or serving alcoholic beverages; or 2. d not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed a. by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverages; or b. by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person. 3. causing or contributing to the intoxication of any person. This exclusion does not apply and coverage is afforded under the Agreement for bodily injury or property damage claims or liability resulting from the providing or serving of alcoholic beverages without charge to the public at fundions incidental to a designated members business or activity otherwise covered under the Agreement or any endorsement to the Agreement; DD. to any claim, demand or action seeking injunctive, declaratory, writ of mandamus, or any other non -monetary relief against a designated member or any of its agents; EE. to any liability arising out of any actual or alleged sexual action, sexual abuse, communicable disease or employment related claim. However, this exclusion does not apply and coverage is afforded under this Agreement to bodily injury or personal injury liability which may accrue against the Designated Member as defined within the Definition section; FF. to any liability for injury, loss or damage sustained by any person or entities arising from or in anyway involving asbestos or other products containing asbestos or to asbestosis or any other disease including mesothelioma and cancer related to asbestos exposure nor any WIT CA 1014 Page 14 of 18 liability for costs or expenses incurred in removing, cleaning up or nullifying such asbestos product; It is understood and agreed that the intent and effect of this exclusion is to delete from all coverages afforded by this Agreement any loss, cost, or expense arising out of any governmental direction, order or request that the member test for, monitor, cleanup, remove, contain, treat, detoxify or neutralize asbestos or asbestos products. GG. to any liability arising out of errors and omissions as defined herein or other negligent or wrongful act committed in the administration of any employee benefits program as defined herein, for present or former employees of the designated member; HH. to any liability arising out of or caused by or contributed to or connected with alleged violation of the following: 1. Federal Fair Labor Standards Act. 2. Chapter 447, Florida Statutes. 3. Drivers Privacy Protection Act of 1994 4. National Labor Relations Act. 5. Worker Adjustment and Retraining Notification Act, 6. Consolidated Omnibus Budget Reconciliation Act of 1985. 7. Occupational Safety and Health Act. B. Federal Employers Liability Act 9. Longshoreman's and Harbor Workers' Act 10. Employee Polygraph Protection Act 11. Defense Base Act 12 Outer Continental Shelf Lands Act II. any claim requesting return or reimbursement of a special assessment, tax, service charge, fine or fee or any other payment or overpayment to the designated member or member; JJ. to any claim for attorneys fees or costs for any action not covered by this Agreement; KK. to any damages which accrued or occurred prior to the effective date of this Agreement notwithstanding the date of the occurrence; LL. advertising injury arising out of: 1. Failure of performance of contract, but this exclusion does not apply to the unauthorized appropriation of ideas upon alleged breach of implied contract, or 2. Infringement of trademark, service mark, or trade name, other than titres or slogans, by use thereof or in connection with goods, products or services sold, offered for sale, or advertised, or 3. Incorrect description or mistake in advertising price of goods, products or services sold, offered for sale or advertised. Also, with respect to advertising injury: 1. to any member in the business of advertising, broadcasting, or telecasting, or 2. to any injury arising out of any act committed by the member with actual malice. MM. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of: 1. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: FMIT CA 1014 Page 15 of 18 a. any of the following, whether belonging to any insured or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or b. any other products, and any services, data or functions that directly or Indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. 2. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. NN. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, for which any designated member or member under this Agreement may be held liable arising out of the actual or threatened occurrence, growth, release, transmission, migration, dispersal or exposure to any micro-organisms, biological organisms, bioaerosols or organic containments, including but not limited to mold, spores and/or fungus; 1. resulting from any actual or threatened exposure to, inhalation, absorption or ingestion of, or physical contact with mold, spores and/or fungus; 2. resulting from any actual or threatened mold, spores, and/or fungus upon any real property or personal property, product or work, premises, site or location, or any other tangible property, or any designated member or member or any other person(s) or organization(s), located anywhere in the world; 3. resulting tram any loss, cost or expense for any testing, monitoring, clean-up, treatment or removal, or neutralization of mold, spores and/or fungus; 00. A. to "any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism" or an "other act of terrorism". However, with respect to an "other act of terrorism", this exclusion applies only when one or more of the following are attributed to such act: 1. the total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 2. fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. physical injury that involves a substantial risk of death; or b. protracted and obvious physical disfigurement; or C. protracted loss of or impairment of the function of a bodily member or organ; or 3. the terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 4. the terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical matedals; or WIT CA 1014 Page 16 of 18 5, pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. the following definitions are added: 1. for the purposes of this endorsement, "any injury or damage' means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury"," injury" or "environmental damage" as may be defined in any applicable Coverage Part. 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a "certified act of terrorism": a. The act resulted in aggregate losses in excess of $5 million; and b. The act is a violent act or an act that is dangerous to human life, property or infra -structure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. "Other act of terrorism' means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act of 2002. Multiple incidents of an "other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a "certified act of terrorism" or an "other act of terrorism" that is not subject to this exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. PP. to bodily injury, personal injury or any liability arising from the Designated Member's law enforcement activities. As used herein, and subject to all other terms and conditions required under this Agreement, law enforcement activities means those activities by members, arising within the course and scope of lawful conduct authorized by the Designated Members police department or other law enforcement agency. FMIT CA 1014 Page 17 of 18 HERBICIDEIPESTICIDE COVERAGE The Trust will pay for bodily injury or property damage caused directly by contact with herbicides or pesticides sprayed by the member into the air. This coverage extension does not apply to bodily injury or property damage as described in Exclusion G of the Florida Municipal Insurance Trust Coverage Agreement. The limit of liability under this coverage extension is the amount of liability described in the General/Professional liability section of the Declaration Page or $1,000,000 aggregate per fund year, whichever is the lesser amount, subject to any deductible/self insured retention described on the Declarations Page. OTHERINSURANCE The coverage afforded by this Agreement is primary, except when stated to apply in excess of or contingent upon the absence of other insurance. When this coverage is primary and the member has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Trusts liability under this Agreement shall not be reduced by the existence of such other insurance. If all other valid and collectible insurance provides for contribution by equal shares, the Trust shall not be liable for a greater proportion of such loss than would be payable if each party contributes an equal share until the share of each party equals the lowest applicable limit of liability under any one policy or coverage agreement or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining parties then continue to contribute equal shares of the remaining amount of the loss until each such party has paid its limit in full or the full amount of the loss is paid. If any such other insurance does not provide for contribution by equal shares, the Trust shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of all valid and collectible insurance against suchloss. FMIT CA 1014 Page 18 of 18 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY BROAD FORM PROPERTY DAMAGE ENDORSEMENT I. The Coverage Agreement is amended to include the following additional coverage: A. Exclusion M is deleted; B. Coverage is provided for property damage to property occupied, used by or rented to the designated member; C. Property damaged while in the care, custody and control of the member and for which the member is exercising direct physical control; D. Damage to property for which work has been performed by the employees of the designated member arising out of the work performed or any portion thereof, or out of materials, parts or equipment that is furnished by the designated member; and E. Property that is loaned to the designated member and the member is exercising direct physical control over that property. The most we will pay for loss under this coverage is a maximum of $500,000.00 in any Trust year commencing with the effective date of this coverage. FMIT BFPD 1010 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY EXTRA CONTRACTUAL LEGAL EXPENSE COVERAGE ENDORSEMENT ADMINISTRATIVE PROCEEDINGS The Coverage Agreement is amended to include the following additional coverages: A. The Trust will reimburse the designated member fifty percent (50%) of the Legal Fees it paid an Attorney up to a maximum of twenty-five thousand dollars ($25,000) per Covered Action, up to one hundred thousand dollars ($100,000) in the aggregate for the coverage year, when such fees are incurred by any of the designated member's Public Officers and paid by the designated member in regard to a Covered Action that alleged wrongdoing of the Public Officers. This coverage is subject to the following conditions: 1. Coverage for the Covered Action does not arise elsewhere in the Agreement nor is it excluded by any provisions of the Agreement; 2. The Public Officer's conduct that gave rise to the Covered Action occurred while he or she was lawfully acting in his or her Official Capacity; 3. Coverage is specifically excluded for any Covered Action occurring outside the effective dates of this endorsement; 4. This coverage shall exclude reimbursement for any fines or penalties against the Public Officer resulting from a Covered Action. Additionally, the Trust will not reimburse the designated member's Legal Fees if the Public Officer is found to have breached the public trust, is otherwise found to have committed the violations alleged in the Covered Action; or voluntarily enters a negotiated settlement with the governing administrative tribunal under which the Public Officer is sanctioned in any form for wrongdoing; and 5. The designated member provides the Trust such documentation as is reasonably required to substantiate the Legal Fees incurred by the Public Officer and paid by the Designated Member. The Definitions Section of the Agreement is amended to include the following additional definitions which shall apply exclusively to this endorsement: "Attorney' means a person admitted by the Supreme Court of Florida to practice law in Florida and who is a member in good standing of The Florida Bar. "Attomey' excludes the member's city attorney or customary chief legal adviser. "Covered Action" means any administrative proceeding before the Florida Public Employees Relation Commission, the State of Florida Commission on Human Relations, the Federal Equal Employment Opportunity Commission, any ethics proceeding before the State of Florida Commission on Ethics or an ethics proceeding before any local ethics commission created by charter or ordinance which has jurisdiction over the alleged misconduct. Covered Action shall include related appeals arising from any of the underlying administrative proceedings described herein. "Ethics Proceeding" means any proceeding designed to dispose of an ethics complaint initiated in the State of Florida Commission on Ethics or initiated in any local ethics FMIT ECLE 1013 Page 1 of 2 commission created by the charter or ordinance, alleging a Public Officer or group of Public Officers committed a breach of public trust, but excluding any portion of such proceeding prior to the issuance of an initial Determination of Investigative Jurisdiction and Order to Investigate by the Florida Commission on Ethics or the equivalent thereof by a local ethics commission. "Legal Fees" means the reasonable and related fees and costs charged to a public officer by an Attorney engaged in the practice of law. "Official Capacity" means the capacity of a Public Officer while lawfully acting for or on behalf of the designated member, or while lawfully acting in aid of the duties or functions which come within the scope of the Public Officer's office or employment. "Public Officer" means any officer or employee of the designated member that satisfies the definition of "local officer" under §112.3145(1)(a), Florida Statutes, including but not limited to: anyone elected to any political subdivision of Florida or appointed to fill an elected office vacancy; any appointed member of any boards, councils, commissions, authorities, or other bodies of any county, municipal, school district, independent special district or other political subdivision of Florida; members of expressway and transportation authority boards; code enforcement boards; boards with power to create or modify land planning or zoning requirements within a political subdivision (excluding citizen advisory committees, technical coordinating committees, and such other planning and zoning groups who only have the power to make recommendations to planning or zoning boards); pension boards; any local board that has a self-imposed requirement to file full or limited public disclosure of financial interests; a mayor; a city manager or other chief administrative officer of a city, officers and officials of companies that contractually serve as chief city administrators of a city; a city attorney; a chief building inspector; an environmental or pollution control director; an administrator with power to grant or deny a land development permit; a city clerk; and a purchasing agent with authority to make purchases in excess of $20,000. FMIT ECLE 1013 Page 2 of 2 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY FIRE LEGAL LIABILITY ENDORSEMENT FIRE LEGAL LIABILITY — REAL PROPERTY The Trust will pay for property damage to buildings, or parts thereof, which you rent from another, or which are loaned to you, if the property damage is caused by fire for which you are legally liable. Buildings include fixtures permanently attached thereto. All of the exclusions otherwise applicable to property damage do not apply to this coverage. However, the Trust does not cover: 1. liability arising under any contractor agreement to indemnify any person or organization for damage by fire to the premises; or 2. liability arising out of property damage: a. which is expected by, directed by, or intended by the insured; or b. that is the result of intentional or malicious acts of the insured. 3. the limit of property damage liability as respects this Fire Legal Liability Coverage — Real Property is $500,000 each occurrence unless otherwise stated in the schedule of this endorsement. 4. The Fire Legal Liability Coverage — Real Property shall be excess over any valid and collectible property insurance (including any deductible portion thereof), available to the member, such as, but not limit to, Fire, Extended Coverage, Buiklers' Risk Coverage or Installation Risk Coverage, and the "Other Insurance" Condition of the Agreement is amended accordingly. FMIT FLL 1012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY MEDICAL ATTENDANTS'/MEDICAL DIRECTORS' MALPRACTICE LIABILITY ENDORSEMENT The Coverage Agreement is amended to include the following additional coverage A. It is agreed that the Trust will pay on behalf of the member all sums which the member becomes legally obligated to pay as damages because of injury to any person arising out of the rendering or failure to render, during the period of this Agreement, professional services by one of the designated member's Medical Attendants and Medical Director designated pursuant to Section 401.265, Florida Statutes. The Trust shall have the right and duty to defend any suit against the member seeking such damages, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and such settlement of any claim or suit as it deems expedient, but the Trust shall not be obligated to pay any claim or any judgment or to defend any suit after the applicable limit of the Trust's liability has been exhausted by payment of judgments or settlements. II. EXCLUSIONS This coverage does not apply to: A. Any dishonest, fraudulent, criminal or malicious act or omissions of the member, any partner or employee, any intentional misconduct or intentional act; B. Liability of the designated member as an employer of others or as the proprietor, superintendent or executive officer of any hospital, sanitarium, clinic with bed and board facilities, or other business enterprise; C. To professional services rendered by physicians and/or nurses; however, this exclusion does not apply to a Medical Director designated pursuant to Section 401.265, Florida Statutes, when said Director is acting within the scope and in furtherance of the duties of the Medical Director as outlined in Section 401.265, Florida Statutes. D. To any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. Any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) Any of the following, whether belonging to any insured or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) Any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. FMIT MA 1007 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY ERRORS AND OMISSIONS LIABILITY ENDORSEMENT This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to liability for Public Officials Errors and Omissions as set forth below: It is agreed that as of the effective date hereof, the Agreement is amended in the following particulars: I. The Coverage Agreement is amended to include the following additional coverage: II. The Trust will pay all sums a member becomes legally obligated to pay to any person other than the member by reason of "Errors and Omissions" as defined in the agreement committed by a member acting in his official capacity which takes place during the period of this Agreement, subject to all terms, conditions, exclusions and limits of liability of the Agreement and this endorsement. The Definition Section is amended to include the following additional definitions which shall apply exclusively to this endorsement A. Member for purposes of coverage under this endorsement shall not include any of the following individuals, boards, commissions, authorities, units or administrative departments or agencies of: 1. Schools 2. Airports 3. Hospitals B. Official Capacity means the capacity of a member while lawfully acting for or on behalf of the designated member, or while lawfully acting in aid of the duties or functions which come within the scope of the members employment by the designated member. IV. The Exclusion Section of the Agreement is amended as follows for this endorsement: A. Exclusion L of the Agreement is amended to read: L. to bodily injury to any employee of the designated member arising out of and in the course of employment by the designated member or to any obligation of a member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the designated member under an incidental contract. B. Exclusion BB of the Agreement is deleted. C. The following additional exclusions are included for purposes of this endorsement only; and this endorsement does not apply to claims for liability as to any member arising out of the following: based upon or attributable to any member gaining in fact any profit or advantage to which such member was not legally entitled, including remuneration paid in violation of law as determined by the courts; FMIT EO 1013 Page 1 of 5 2. brought about or contributed to by fraud, dishonesty, or bad faith of a member; however, notwithstanding the foregoing, the member shall be protected under the terms of this Agreement as to any claims upon which suit may be brought against them by reason or any alleged fraud or dishonesty on the part of any member, unless a judgment or other final adjudication thereof adverse to such member shall establish that acts of active or deliberate dishonesty or fraud committed by such member was material to the cause of action so adjudicated; 3, to any (a) liability arising out of estimates of probable costs or cost estimates being exceeded or faulty preparation of bid specifications, or plans, or (b) injury to, destruction or disappearance of any tangible property (including money) or the loss of use thereof; 4. any claim demand or action seeking relief, or redress, in any form other than money damages, and any costs, fees, expenses or attorneys' fees relating to such claims; 5. to any obligation for which a member becomes obligated to pay future wages as a result of any alleged wrongful employment practice liability or employee benefits program liability. 6. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) any of the following, whether belonging to any member or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual -problems described in paragraph a. above. V. Under this endorsement, coverage is provided for any violation of Constitutional Rights of any person which creates a cause of action for damages by or on behalf of any such person under any one or more of the following Civil Rights Statutes: United States Code, Title 42, Section 1982 United States Code, Title 42, Section 1983 United States Code, Title 42, Section 1985 United States Code, Title 42, Section 1986 United States Code, Title 42, Section 12101 (ADA) United States Code, Title 29, Section 2601, at seq. (FMLA) Civil Rights Act of 1991 VI. Coverage afforded by this endorsement is extended to include claims filed against a designated member or member for wrongful Employment Practices, including claims arising before the Florida Public Employees Relation Commission, the State of Florida Commission on Human Relations and the Federal Equal Employment WIT EO 1013 Page 2 of 5 Opportunity Commission,subject to the terms, conditions and exclusions of this endorsement and the terms, conditions and exclusions of the agreement. FMIT EO 1013 Page 3 of 5 EMPLOYEE BENEFITS -PROGRAM ADMINISTRATION LIABILITY ENDORSEMENT The endorsement issued by the Trust extends and modifies the provision of the Agreement relating to liability for the administration of employee benefits programs as set forth below: The Coverage Agreement is amended to include the following additional coverage: The Trust will pay all sums a member becomes legally obligated to pay by reason of "Errors and Omissions" as defined in the Agreement, or other negligent act, committed in the administration of the designated members' employee benefits for present or former employees, which take place during the period of this Agreement, subject to the terms, conditions, exclusions and limits of liability of the Agreement and this endorsement. II. The Definition Section is amended to include the following additional definitions which shall apply exclusively to this endorsement: A. "Member" in this endorsement means only the designated member and individuals serving on boards or commissions for the purpose of administering employee benefits programs, acting within the scope of their authority by or on behalf of the designated member except as excluded herein. B. "Administration", wherever used, in this endorsement shall mean: 1. Giving counsel to employees, dependants and beneficiaries with respect to the "Employee Benefit Programs"; 2. Interpreting the "Employee Benefit Programs"; 3. Handling of records in connection with the "Employee Benefit Programs'; 4. Effecting enrollment, termination or cancellation of employees under the "Employee Benefit Programs"; provided all such acts are authorized by the "Designated Member". III. The Exclusions Section of the Agreement is amended as follows for this endorsement: A Exclusion GG is deleted. B. The following additional exclusions are included for purposes of this endorsement only; and this endorsement does not apply to claims for liability as to any member arising out of the following: 1. As a result of dishonest, intentionally fraudulent, criminal or malicious acts or omissions of any member, however, this exclusion shall not apply to any member who did not: a) Personally participate in committing any such act or omission; or b) Remain passive after having personal knowledge of any such act or omission. 2. As a result of an intentional violation of any Workers' Compensation, Unemployment Insurance, Social Security or Disability Benefits law or administrative interpretation of such laws. 3. As a result of the failure to provide benefits because said benefits are not properly funded or the Trust's failure to comply with the terms of its contract 4. As a result of advice given to any employee to participate or not to participate in any Stock Subscription, Individual Retirement Account, or Salary Reduction Plan, FMIT EO 1013 Page 4 of 5 5. As a result of the investment or non -investment of employee benefit funds. 6. As a result of the failure of any investment to perform as predicted or expected by a member. 7. As a result of the termination or failure of any employee benefit plan. 8. As a result of fines, taxes or penalties imposed by law or other matters for which coverage may not be available under law. 9. To any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. Any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) any of the following, whether belonging to any member or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. 10. To any claim which results from an activity, act or omission of a third party administrator, a firm or person, other than an employee of the Designated Member, who administers the designated member's employee benefit program. 11. To any claim for benefits that are lawfully paid or payable to a beneficiary from the funds of an 'Employee Benefit Program". 12. To any claim that results from not having adequate insurance or bonds to protect the assets of an "Employee Benefit Program". 13. Based upon changes in the ultimate cost or level any benefit program available to any Employee of the Designated Member or changes made to any benefit program resulting from efforts of the Designated Member to comply with any tax laws or other laws which result in changes to the benefits available to any Employee of the Designated Member. FMIT EO 1013 Page 5 of 5 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY LAW ENFORCEMENT LIABILITY ENDORSEMENT This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to Law Enforcement Liability as set forth below. It is agreed that as of the effective date hereof the Agreement is amended in the following particulars. Exclusion PP. is deleted. This Agreement will provide coverage for bodily injury or personal injury arising out of the course and scope of the Designated Member's law enforcement activities. As used herein, and subject to all other terms and conditions required under this Agreement, law enforcement activities means those activities by members, arising within the course and scope of lawful conduct authorized by the Designated Member's police department or other law enforcement agency. FMIT LE 1014 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY INVERSE CONDEMNATION and BERT J. HARRIS JR. PRIVATE PROPERTY RIGHTS PROTECTION ACT I. The Coverage Agreement is amended as follows: A. Exclusion S shall not apply to the following extent: the Designated Member becomes liable for claims alleging inverse condemnation and/or alleging a cause of action authorized by Chapter 70, Fla Stat., known as the Bert J. Harris Jr. Private Property Rights Protection Act, as may be amended from time to time, B. Inverse Condemnation and Bert J. Harris Jr. Private Property Rights Act Sub -limit To the extent Exclusion S does not apply as provided above, the Trust's total limit of liability for claims alleging a cause of action for inverse condemnation and/or the Bert J. Harris Jr. Private Property Rights Protection Act shall be $300,000 aggregate per fund year, subject to a deductible of $5,000 per occurrence or any other deductible or self-insured retention amount described on the Declarations Page, whichever is greater. FMIT IC BH 1014 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SPECIFIC EXCESS ENDORSEMENT - GENERAL LIABILITY This endorsement, when issued by the Florida Municipal Insurance Trust, does not in any way modify the provisions of the Coverage Agreement. It does extend the monetary limits of liability, as stated in the Limits of Liability in the Declarations, as set forth below: It is agreed that the specific limits of liability are $ 5,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5) Florida Statutes or liability imposed pursuant to Federal Law, or to any liability resulting from actions taken outside of the State of Florida where it is determined by a court of competent jurisdiction that the liability limitations contained in Section 768.28(5), Florida Statutes, are inapplicable, if such liability is covered by the Agreement. The limits provided herein are inclusive of the $200,000 each person and $300,000 each occurrence liability limitations contained in Section 768.28 (5), Florida Statutes, but in no way exceed $ 5,000,000 (combined single limit) per occurrence. Exclusion Y is amended as follows: To any damages imposed by an act of the legislature, except for claims bills passed by the legislature pursuant to Section 768.28(5), Florida Statutes, against a member, for damages covered under the terms of this Agreement WIT SE GL 1012 Page 1 of 1 INFORMATION SECURITY & PRIVACY INSURANCE WITH ELECTRONIC MEDIA LIABILITY COVERAGE This Agreement only affords coverage under those insuring agreements below that are indicated as purchased as shown in the Declarations. The Trust agrees with the Member, set forth in Item 1. of the Declarations made a part hereof, in consideration of the payment of the premium and reliance upon the statements in the Application to this Insurance Agreement (hereinafter referred to as the "Agreement" or "Insurance') and subject to all the provisions, terms and conditions of this Agreement: INSURING AGREEMENTS A. Information Security & Privacy Liability To pay on behalf of the Member: Damages and Claims Expenses, in excess of the Retention, which the Member shall become legally obligated to pay because of any Claim, including a Claim for violation of a Privacy Law, first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X. of this Agreement, for: 1. theft, loss, or Unauthorized Disclosure of Personally Identifiable Non -Public Information or Third Party Corporate Information that is in the care, custody or control of the Member Organization, or a third party for whose theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information or Third Party Corporate Information the Member Organization is legally liable (a third party shall include a Business Associate as defined by the Health Insurance Portability and Accountability Act ("HIPAA")), provided such theft, loss or Unauthorized Disclosure first takes place on or after the Retroactive Date and before the and of the Agreement Period; 2. one or more of the following acts or incidents that directly result from a failure of Computer Security to prevent a Security Breach, provided that such act or incident first takes place on or after the Retroactive Date and before the end of the Agreement Period; (a) the alteration, corruption, destruction, deletion, or damage to a Data Asset stored on Computer Systems; (b) the failure to prevent transmission of Malicious Code from Computer Systems to Third Party Computer Systems; or (c) the participation by the Member Organization's Computer System in a Denial of Service Attack directed against a Third Party Computer System; 3. the Member Organization's failure to timely disclose an incident described in I.A.1. or I.A.2. above in violation of any Breach Notice Law; provided such incident giving rise to the Member Organization's obligation under a Breach Notice Law must first take place on or after the Retroactive Date and before the end of the Agreement Period; 4. failure by the Member to comply with that part of a Privacy Policy that specifically: (a) prohibits or restricts the Member Organization's disclosure, sharing or selling of a person's Personally Identifiable Non -Public Information; FMIT PNL 1012 Page 1 of 21 (b) requires the Member Organization to provide access to Personally Identifiable Non -Public Information or to correct incomplete or inaccurate Personally Identifiable Non -Public Information after a request is made by a person; or (c) mandates procedures and requirements to prevent the loss of Personally Identifiable Non -Public Information; provided the acts, errors or omissions that constitute such failure to comply with a Privacy Policy must first take place on or after the Retroactive Date and before the end of the Agreement Period, and the Member Organization must, at the time of such acts, errors or omissions, have in force a Privacy Policy that addresses those subsections above that are relevant to such Claim; or 5. failure by the Member to administer (a) an identity theft prevention program required by regulations and guidelines promulgated pursuant to 15 U.S.C. §1681 m (e), as amended, or (b) an information disposal program required by regulations and guidelines promulgated pursuant to 15 U.S.C. §1681W, as amended; provided the acts, errors or omissions that constitute such failure must first take place on or after the Retroactive Date and before the end of the Agreement Period. a. Privacy Notification Costs To pay the Member for: Privacy Notification Costs, in excess of the Retention and incurred by the Member Organization with the Trust's prior written consent, resulting from the Member Organization's legal obligation to comply with a Breach Notice Law because of an incident (or reasonably suspected incident) described in Insuring Agreement I.A.1. or I.A.2. that first takes place on or after the Retroactive Date and before the end of the Agreement Period, is discovered by the Member during the Agreement Period, and is reported to the Trust during the Agreement Period or as otherwise provided in Clause X of this Agreement Privacy Notification Costs means the following reasonable and necessary costs Incurred by the Member Organization within one (1) year of the reporting of the incident or suspected incident to the Trust: (a) To hire a computer security expert to determine the existence and cause of any electronic data breach resulting in an actual or reasonably suspected theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information which may require the Member Organization to comply with a Breach Notice Law and to determine the extent to which such information was accessed by an unauthorized person or persons; (b) For a PCI Forensic Investigator that is approved by the PCI Security Standards Council and is retained by the Member Organization in order to comply with the terms of a Merchant Services Agreement to investigate the existence and extent of an actual or suspected compromise of credit card data; and at the Trust's discretion, where a computer security expert has not been retained under Insuring Agreement I.B.1.(a), for a computer security expert to provide advice and oversight in connection with the investigation conducted by the PCI Forensic Investigator; FMIT PNL 1012 Page 2 of 21 (c) For fees charged by an attorney to determine the applicability of and actions necessary by the Member Organization to comply with Breach Notice Law due to an actual or reasonably suspected theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information and to advise the Member Organization in responding to credit card system operating regulation requirements for any actual or suspected compromise of credit card data that is required to be reported to the Member Organization's merchant bank under the terms of a Merchant Services Agreement, but this clause does not cover fees Incurred In any legal proceeding, arbitration or mediation, or any advice in responding to credit card system operating regulations after any assessment of PCI Fines and Costs; and (d) Up to USD 50,000 for a computer security expert to demonstrate the Member's ability to prevent a future electronic data breach as required by a Merchant Services Agreement; provided that amounts covered by (a), (b), (c) and (d) in this paragraph combined shall not exceed the amount set forth in the Declarations in the aggregate for the Agreement Period. 2. To provide notification (a) to individuals who are required to be notified by the Member Organization under the applicable Breach Notice Law; and (b) at the Trust's discretion, to individuals affected by an Incident in which their Personally Identifiable Non -Public Information has been subject to theft, loss or unauthorized disclosure in a manner which compromises the security or privacy of such individual by posing a significant risk of financial, reputational or other harm to the individual; 3. To provide a call center to answer calls, from individuals to whom notice of an incident is provided pursuant to Insuring Agreement I.B.2., during standard business hours for a period of up to ninety (90) days following notification (or longer if required by applicable law or regulation) of such incident 4. Up to one hundred thousand United States dollars (USD 100,000) for the costs of a public relations consultancy for the purpose of averting or mitigating material damage to the Member Organization's reputation, subject to twenty percent (20%) coinsurance; and. In connection with a credit file monitoring program, to be approved by the Trust, consisting of: (a) the offering of one (1) year of credit monitoring services to those individuals whose Personally Identifiable Non -Public Information was compromised or reasonably believed to be compromised as a result of theft, loss or Unauthorized Disclosure of information giving rise to the notification of such individuals pursuant to Insuring Agreement I. B.2.; and (b) mailing and other reasonable third party administrative costs associated with such a program; FMIT PNL 1012 Page 3 of 21 provided, all such costs payable under this subsection 5. must be for the purpose of mitigating potential Damages resulting from such incident. Privacy Notification Costs will only be paid in excess of the applicable Retention and shall not Include any internal salary or overhead expenses of the Member Organization. C. Regulatory Defense and Penalties To pay on behalf of the Member: Claims Expenses and Penalties in excess of the Retention, which the Member shall become legally obligated to pay because of any Claim in the form of a Regulatory Proceeding, first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X. of this Agreement, resulting from a violation of a Privacy law and caused by an incident described in Insuring Agreement I.A.I., I.A.2. or I.A.3. that first takes place on or after the Retroactive Date and before the end of the Agreement Period. D. Website Media Content Liability To pay on behalf of the Member: Damages and Claims Expenses, in excess of the Retention, which the Member shall become legally obligated to pay resulting from any Claim first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X of this Agreement, for one or more of the following acts first committed on or after the Retroactive Date and before the end of the Agreement Period in the course of Covered Media Activities: 1. defamation, libel, slander, trade libel, infliction of emotional distress, outrage, outrageous conduct, or other tort related to disparagement or harm to the reputation or character of any person or organization; 2. a violation of the rights of privacy of an individual, including false light and public disclosure of private facts; 3. invasion or interference with an individual's right of publicity, including commercial appropriation of name, persona, voice or likeness; 4. plagiarism, piracy, misappropriation of ideas under implied contract; 5. Infringement of copyright; 6. infringement of domain name, trademark, trade name, trade dress, logo, title, metatag, or slogan, service mark, or service name; or 7. improper deep -linking or framing within electronic content. E. PCI Fines and Costs To indemnify the Member for PCI Fines and Costs, in excess of the Retention, which the Member shall become legally obligated to pay because of a Claim first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X. of this Agreement. Coverage under this Insuring Agreement is limited to the amount set forth in the Declarations, and the Trust shall have no duty to defend any Claim or pay Claims Expenses with respect to any Claim under this Insuring Agreement FMIT PNL 1012 Page 4 of 21 DEFENSE AND SETTLEMENT OF CLAIMS A. The Trust shall have the right and duty to defend, subject to all the provisions, terms and conditions of this Agreement: 1. any Claim against the Member seeking Damages which are payable under the terms of this Agreement, even if any of the allegations of the Claim are groundless, false or fraudulent; or 2. under Insuring Agreement I.C., any Claim in the form of a Regulatory Proceeding. B. With respect to any Claim against the Member seeking Damages or Penalties which are payable under the terms of this Agreement, the Trust will pay Claims Expenses incurred with their prior written consent. The Limit of Liability available to pay Damages, Penalties, or Privacy Notification Costs shall be reduced and may be completely exhausted by payment of Claims Expenses. Damages, Penalties, and Claims Expenses shall be applied against the Retention payable by the Member. C. If the Member shall refuse to consent to any settlement or compromise recommended by the Trust and acceptable to the claimant and elects to contest the Claim, the Trust's liability for any Damages, Penalties and Claims Expenses shall not exceed. the amount for which the Claim could have been settled, less the remaining Retention, plus the Claims Expenses incurred up to the time of such refusal; plus 2. fifty percent (50%) of any Claims Expenses incurred after the date such settlement or compromise was recommended to the Member plus fifty percent (50%) of any Damages above the amount for which the Claim could have been settled. The remaining fifty percent (50%) of such Claims Expenses and Damages must be bonne by the Member at their own risk and uninsured; or the applicable Limit of Liability, whichever is less, and the Trust shall have the right to withdrew from the further defense thereof by tendering control of said defense to the Member. The portion of any proposed settlement or compromise that requires the Member to cease, limit or refrain from actual or alleged Infringing or otherwise injurious activity or is attributable to future royalties or other amounts that are not Damages (or Penalties for Claims covered under Insuring Agreement I.C.) shall not be considered in determining the amount for which a Claim could have been settled. III. THE MEMBER AND THE MEMBER ORGANIZATION As used throughout this Agreement, whether expressed in singular or plural, "Member' shall mean'. A. The Member and any Subsidiaries of the Member (together the "Member Organization"). B. A director, officer or Manager of the Member Organization, but only with respect to the performance of his or her duties as such an behalf of the Member Organization; C. An employee (including a part time or temporary employee) of the Member Organization, but only for work done while acting within the scope of his or her employment and related to the conduct of the Member Organization's business; FMIT PNL 1012 Page 5 of 21 D. A principal if the Member is a sole proprietorship, or a partner K the Member is a partnership, but only with respect to the performance of his or her duties as such on behalf of the Member Organization; E. Any person who previously qualified as an Member under III.B., III.C. or IIID. above prior to the termination of the required relationship with the Member Organization, but only with respect to the performance of his or her duties as such on behalf of the Member Organization; IV. TERRITORY This Agreement applies to Claims made, and acts, errors or omissions committed, or Loss occurring in the United States of America, its territories and possessions, Puerto Rico and Canada. V. EXCLUSIONS The coverage under this Agreement does not apply to any Claim or Loss: A. For, arising out of or resulting from Bodily Injury or Property Damage; B. For, adsing out of or resulting from any employer-employee relations, policies, practices, ads or omissions, or any actual or alleged refusal to employ any person, or misconduct with respect to employees, whether such Claim is brought by an employee, former employee, applicant for employment, or relative or domestic partner of such person; provided, however, that this exclusion shall not apply to an otherwise covered Claim under Insuring Agreements I.A.A., I.A.2., or I,A.3. by a current or former employee of the Member Organization; or to the payment of Privacy Notification Casts involving current or former employees of the Member Organization; C. For, arising out of or resulting from any actual or alleged act, error or omission or breach of duty by any director, officer or Manager in the discharge of their duty if the Claim is brought by the Member, a Subsidiary, or any principals, directors, officers, Managers, stockholders, members or employees of the Member or a Subsidiary in his or her capacity as such; D. For, arising out of or resulting from any contractual liability or obligation, or arising out of or resulting from breach of contract or agreement either oral or written, provided, however, that this exclusion will not apply: 1. only with respect to the coverage provided by Insuring Agreement I.A.I., to any obligation of the Member Organization to maintain the confidentiality or security of Personally Identifiable Non -Public Information or of Third Party Corporate Information; 2. only with respect to Insuring Agreement I.D.4., for misappropriation of Ideas under implied contract; or 3. to the extent the Member would have been liable in the absence of such contract or agreement; E. For, arising out of or resulting from any liability or obligation under a Merchant Services Agreement except this exclusion does not apply to PCI Fines and Costs covered under Insuring Agreement I.E., or to Privacy Notification Costs covered under Insuring Agreement I.B.1.; F. For, arising out of or resulting from any actual or alleged antitrust violation, restraint of trade, unfair competition, or false or deceptive or misleading advertising or violation of the Sherman Antitrust Act, the Clayton Act, or the Robinson-Patman Act, as amended; EMIT PNL 1012 Page 6 of 21 G. For, arising out of or resulting from any actual or alleged false, deceptive or unfair trade practices; however this exclusion does not apply to: 1. any Claim covered under Insuring Agreements I.A.I., I.A.2., I.A.3. or I.C.; or 2. any Claim that results from a theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information, provided that no member of the Control Group participated or is alleged to have participated or colluded in such theft, loss or Unauthorized Disclosure; H. For, arising out of or resulting from: 1. the actual or alleged unlawful collection or acquisition of Personally Identifiable Non -Public Information (except as otherwise covered under Insuring Agreement I.A.S.) or other personal information by, on behalf of, or with the consent or cooperation of the Member Organization; or the failure to comply with a legal requirement to provide individuals with the ability to assent to or withhold assent (e.g. opt -in or opt -out) from the collection, disclosure or use of Personally Identifiable Non -Public Information; provided, that this exclusion shall not apply to the actual or alleged unlawful collection or acquisition or retention of Personally Identifiable Non -Public Information by a third party committed without the knowledge of the Member Organization; or 2. the distribution of unsolicited email, direct mail, or facsimiles, wire tapping, eavesdropping, audio or video recording, or telemarketing, if such distribution, wire tapping or recording is done by or on behalf of the Member Organization; For, arising out of or resulting from any act, error, omission, incident, failure of Computer Security, or Security Breach committed or occurring prior to the inception date of this Agreement: 1. if any member of the Control Group on or before the Continuity Date knew or could have reasonably foreseen that such act, error, omission, incident, failure of Computer Security, or Security Breach might be expected to be the basis of a Claim or Loss; or 2. in respect of which any Member has given notice of a circumstance, which might lead to a Claim or Loss, to the Trust of any other Agreement in force prior to the inception date of this Agreement; For, arising out of or resulting from any related or continuing acts, errors, omissions, incidents or events where the first such act, error, omission, incident or event was committed or occurred prior to the Retroactive Date; K. For, arising out of or resulting from any of the following: 1. any actual or alleged violation of the Organized Crime Control Act of 1970 (commonly known as Racketeer Influenced and Corrupt Organizations Act or RICO), as amended, or any regulation promulgated there under or any similar federal law or legislation, or law or legislation of any state, province or other jurisdiction similar to the foregoing, whether such law is statutory, regulatory or common law; 2 any actual or alleged violation of any securities law, regulation or legislation, including but not limited to the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Act of 1940, any state or provincial blue sky or securities law, any other federal securities law or legislation, or any other similar law or legislation of any state, province or other jurisdiction, or any amendment to the above laws, or any violation of any order, ruling or regulation issued pursuant WIT PNL 1012 Page 7 of 21 to the above laws; 3. any actual or alleged violation of the Fair Labor Standards Act of 1938, the National Labor Relations Act, the Worker Adjustment and Retraining Act of 1988, the Certified Omnibus Budget Reconciliation Act of 1985, the Occupational Safety and Health Act of 1970, any similar law or legislation of any state, province or other jurisdiction, or any amendment to the above law or legislation, or any violation of any order, ruling or regulation issued pursuant to the above laws or legislation; or 4. any actual or alleged discrimination of any kind including but not limited to age, color, race, sex, creed, national origin, marital status, sexual preference, disability or pregnancy; However, this exclusion does not apply to any otherwise covered Claim under Insuring Agreements I.A.1, I.A.2, or I.A.3, or to paying Privacy Notification Costs covered under Insuring Agreement I.B., that results from a theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information, provided that no member of the Control Group participated, or is alleged to have participated or colluded, in such theft, loss or Unauthorized Disclosure; L. For, arising out of or resulting from any actual or alleged acts, errors, or omissions related to any of the Member Organization's pension, healthcare, welfare, profit sharing, mutual or investment plans, funds or trusts, including any violation of any provision of the Employee Retirement Income Security Act of 1974 (ERISA) or any similar federal law or legislation, or similar law or legislation of any state, province or other jurisdiction, or any amendment to ERISA or any violation of any regulation, ruling or order issued pursuant to ERISA or such similar laws or legislation; however this exclusion does not apply to any otherwise covered Claim under Insuring Agreements I.A.1, I.A.2, or I.A.3, or to paying Privacy Notification Costs covered under Insuring Agreement I.B., that results from a theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information, provided that no member of the Control Group participated, or is alleged to have participated or colluded, in such theft, loss or Unauthorized Disclosure; M. Arising out of or resulting from any criminal, dishonest, fraudulent, or malicious act, error or omission, any intentional Security Breach, intentional violation of a Privacy Policy, or intentional or knowing violation of the law, if committed by such Member, or by others if the Member colluded or participated in any such conduct or activity; provided, this Agreement shall appy to Claims Expenses incurred in defending any such Claim alleging the foregoing until such time as there is a final adjudication, judgment, binding arbitration decision or conviction against the Member, or written admission by the Member, establishing such conduct, or a plea of nolo contendere or no contest regarding such conduct, at which time the Member shall reimburse the Trust for all Claims Expenses incurred defending the Claim and the Trust shall have no further liability for Claims Expenses; provided further, that whenever coverage under this Agreement would be excluded, suspended or lost because of this exclusion relating to acts or violations by any Member, and with respect to which any other Member did not personalty commit or personally participate in committing or personally acquiesce in or remain passive after having personal knowledge thereof, then the Trust agree that such insurance as would otherwise be afforded under this Agreement shall cover and be paid with respect to those Members who did not personalty commit or personalty participate in committing or personally acquiesce in or remain passive after having personal knowledge of one or more of the acts, errors or omissions described in above; however this exception to this exclusion is inapplicable to any Claim or circumstance that could reasonably be the basis of a Claim against the Member Organization arising from acts, errors or omissions known to any present or former member of the Control Group; FMIT PNL 1012 Page 8 of 21 N. For, arising out of or resulting from any actual or alleged: 1, infringement of patent or patent rights or misuse or abuse of patent; 2. Infringement of copyright arising from or related to software code or software products other than infringement resulting from a theft or Unauthorized Access or Use of software code by a person who is not a Related Party; 3. use or misappropriation of any ideas, trade secrets or Third Party Corporate Information (i) by, or on behalf of, the Member Organization, or (ii) by any other person or entity if such use or misappropriation is done with the knowledge, consent or acquiescence of a member of the Control Group; 4. disclosure, misuse or misappropriation of any ideas, trade secrets or confidential information that came into the possession of any person or entity prior to the date the person or entity became an employee, officer, director, Manager, principal, partner or Subsidiary of the Member Organization; or 5. under Insuring Agreement I.A.2., theft of or Unauthorized Disclosure of a Data Asset; O. For, in connection with or resulting from a Claim brought by or on behalf of the Federal Trade Commission, the Federal Communications Commission, or any other state, federal, local or foreign governmental entity, in such entity's regulatory or official capacity; provided, this exclusion shall not apply to an otherwise covered Claim under Insuring Agreement I.C., or to paying Privacy Notification Costs covered under Insuring Agreement I.B. to the extent such Privacy Notification Costs are incurred to provide services that are legally required to comply with a Breach Notice Law', P. For, arising out of or resulting from a Claim by or on behalf of one or more Members under this Agreement against any other Member or Members under this Agreement, provided, this exclusion shall not apply to an otherwise covered Claim under Insuring Agreements I.A.I., I.A.2., or I.A.3. made by a current or former employee of the Member Organization; Q. For, arising out of or resulting from: 1. any Claim made by any business enterprise in which any Member has greater than a fifteen percent (15%) ownership interest or made by any parent company or other entity which owns more than fifteen percent (15%) of the Member; or 2. any Member's activities as a trustee, partner, member, Manager, officer, director or employee of any employee trust, charitable organization, corporation, company or business other than that of the Member Organization; R. For, arising out of or resulting from any of the following: (1) trading losses, trading liabilities or change in value of accounts; any loss, transfer or theft of monies, securities or tangible property of others in the care, custody or control of the Member Organization; (2) the monetary value of any transactions or electronic fund transfers by or on behalf of the Member which is lost, diminished, or damaged during transfer from, into or between accounts; or (3) the value of coupons, price discounts, prizes, awards, or any other valuable consideration given in excess of the total contracted or expected amount; S. With respect to Insuring Agreements I.A., I.B., I.C. and I.E., any Claim or Loss for arising out of or resulting from the distribution, exhibition, performance, publication, display or broadcasting of content or material In: 1. broadcasts, by or on behalf of, or with the permission or direction of any Member, including but not limited to, television, motion picture, cable, satellite television and radio broadcasts; FMIT PNL 1012 Page 9 of 21 publications, by or on behalf of, or with the permission or direction of any Member, including, but not limited to, newspaper, newsletter, magazine, book and other literary form, monograph, brochure, directory, screen play, film script, playwright and video publications, and including content displayed on an Internet site; or 3. advertising by or on behalf of any Member; provided however this exclusion does not apply to the publication, distribution or display of the Member Organization's Privacy Policy; With respect to Insuring Agreement LD., any Claim or Loss: 1. for, arising out of or resulting from the actual or alleged obligation to make licensing fee or royalty payments, including but limited to the amount or timeliness of such payments; 2. for, arising out of or resulting from any costs or expenses incurred or to be incurred by the Member or others for the reprinting, reposting, recall, removal or disposal of any Media Material or any other information, content or media, including any media or products containing such Media Material, information, content or media; 3. brought by or on behalf of any intellectual property licensing bodies or organizations, including but not limited to, the American Society of Composers, Authors and Publishers, the Society of European Stage Authors and Composers or Broadcast Music, Inc.; 4. for, arising out of or resulting from the actual or alleged inaccurate, inadequate or Incomplete description of the price of goods, products or services, cost guarantees, cost representations, or contract price estimates, the authenticity of any goods, products or services, or the failure of any goods or services to conform with any represented quality or performance; 5. for, arising out of or resulting from any actual or alleged gambling, contest, lottery, promotional game or other game of chance; or 6. in connection with a Claim made by or on behalf of any independent contractor, joint venturer or venture partner arising out of or resulting from disputes over ownership of rights in Media Material or services provided by such independent contractor, joint venturer or venture partner; U. Arising out of or resulting from, directly or indirectly occasioned by, happening through or in consequence of: war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority; V. Either in whole or in part, directly or indirectly, arising out of or resulting from or in consequence of, or in any way involving: 1. asbestos, or any materials containing asbestos in whatever form or quantity; 2. the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, molds, spores or mycotoxins of any kind; any action taken by any party in response to the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of fungi, molds, spores or mycotoxins of any kind, such action to include investigating, testing for, detection EMIT PNL 1012 Page 10 of 21 of, monitoring of, treating, remediating or removing such fungi, molds, spores or mycotoxins; and any governmental or regulatory order, requirement, directive, mandate or decree that any party take action in response to the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of fungi, molds, spores or mycotoxins of any kind, such action to include investigating, testing for, detection of, monitoring of, treating, remediating or removing such fungi, molds, spores or mycotoxins; The Trust will have no duty or obligation to defend any Member with respect to any Claim or governmental or regulatory order, requirement, directive, mandate or decree which either in whole or in part, directly or indirectly, arises out of or results from or in consequence of, or in any way involves the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, molds, spores or mycotoxins of any kind; 3. the existence, emission or discharge of any electromagnetic field, electromagnetic radiation or electromagnetism that actually or allegedly affects the health, safety or condition of any person or the environment, or that affects the value, marketability, condition or use of any property; or 4. the actual, alleged or threatened discharge, dispersal, release or escape of Pollutants; or any governmental, judicial or regulatory directive or request that the Member or anyone acting under the direction or control of the Member test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant including gas, acids, alkalis, chemicals, heat, smoke, vapor, soot, fumes or waste. Waste includes but is not limited to materials to be recycled, reconditioned or reclaimed. VI. DEFINITIONS A. Application means all applications, including any attachments thereto, and all other information and materials submitted by or on behalf of the Member to the Trust in connection with the underwriting of this Agreement, or prior Agreements of which this Agreement is a renewal thereof. B. Bodily Injury means physical injury, sickness, disease or death of any person, including any mental anguish or emotional distress resulting there from. C. Breach Notice Law means any United States federal, state or territory statute or regulation that requires notice to persons whose Personally Identifiable Non -Public Information was accessed or reasonably may have been accessed by an unauthorized person. Breach Notice Law also means a foreign statute or regulation that requires notice to persons whose Personally Identifiable Non -Public Information was accessed or reasonably may have been accessed by an unauthorized person; however, the credit monitoring program provided by Insuring Agreement I.B.S. shall not apply to persons notified pursuant to any such foreign statute or regulation. D. Claim means: 1. a written demand received by any Member for money or services, including the service of a suit or institution of regulatory or arbitration proceedings, 2. with respect to coverage provided under Insuring Agreement I.C. only, institution of a Regulatory Proceeding against any Member; and FMIT PNL 1012 Page 11 of 21 3, a written request or agreement to toll or waive a statute of limitations relating to a potential Claim described in paragraph 1. above. Multiple Claims arising from the same or a series of related or repeated acts, errors, or omissions, or from any continuing acts, errors, omissions, or from multiple Security Breaches arising from a failure of Computer Security, shall be considered a single Claim for the purposes of this Agreement, Irrespective of the number of claimants or Members involved in the Claim. All such Claims shall be deemed to have been made at the time of the first such Claim. E. Claims Expenses means: 1. reasonable and necessary fees charged by an attorney designated pursuant to Clause II., Defense and Settlement of Claims, paragraph A.; 2. all other legal costs and expenses resulting from the investigation, adjustment, defense and appeal of a Claim, suit, or proceeding arising in connection therewith, or circumstance which might lead to a Claim, if incurred by the Trust, or by the Member with the prior written consent of the Trust; and 3. the premium cost for appeal bonds for covered judgments or bonds to release property used to secure a legal obligation, if required in any Claim against a Member; provided the Trust shall have no obligation to appeal or to obtain bonds. Claims Expenses do not include any salary, overhead, or other charges by the Member for any time spent in cooperating in the defense and investigation of any Claim or circumstance that might lead to a Claim notified under this Agreement, or costs to comply with any regulatory orders, settlements or judgments. Computer Security means software, computer or network hardware devices, as well as the Member Organization's written information security policies and procedures, the function or purpose of which is to prevent Unauthorized Access or Use, a Denial of Service Attack against Computer Systems, infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems, Computer Security includes anti-virus and intrusion detection software, firewalls and electronic systems that provide access control to Computer Systems through the use of passwords, biometric or similar identification of authorized users. G. Computer Systems means computers and associated input and output devices, data storage devices, networking equipment, and back up facilities: 1. operated by and either owned by or leased to the Member Organization; or 2. systems operated by a third party service provider and used for the purpose of providing hosted computer application services to the Member Organization or for processing, maintaining, hosting or storing the Member Organization's electronic data, pursuant to written contract with the Member Organization for such services. H. Continuity Date means (i) the date stated in the Declarations with respect to the Member and any Subsidiaries acquired before the date stated in the Declarations; or (ii) with respect to any Subsidiaries acquired after the date stated in the Declarations, the date the Member acquired such Subsidiary. I. Control Group means the individuals holding the following positions In the Member Organization: Mayor and other elected officials and Chief Financial Officer; General Counsel, staff attorneys employed by the Member Organization; Chief Information Officer; Chief Privacy Officer; and any individual in a substantially similar position as those referenced above, or with substantially similar responsibilities as those referenced FMIT PNL 1012 Page 12 of 21 above, irrespective of the exact title of such individual, and any individual who previously held any of the above referenced positions. J. Covered Media Activities means the display of Media Material on the Member Organization's web site. K. Damages means a monetary judgment, award or settlement; provided that the term Damages shall not include or mean: 1. future profits, wages, restitution, disgorgement of unjust enrichment or profits by a Member, or the costs of complying with orders granting injunctive or equitable relief; 2. return or offset of fees, charges, or commissions charged by or owed to a Member for goods or services already provided or contracted to be provided; 3. any damages which are a multiple of compensatory damages, fines, taxes or loss of tax benefits, sanctions or penalties; 4. punitive or exemplary damages, unless insurable by law in any applicable venue that most favors coverage for such punitive or exemplary damages; 5. discounts, coupons, prizes, awards or other incentives offered to the Member's customers or clients; 6. liquidated damages to the extent that such damages exceed the amount for which the Member would have been liable in the absence of such liquidated damages agreement; 7. fines, costs or other amounts an Member is responsible to pay under a Merchant Services Agreement; or 6. any amounts for which the Member is not liable, or for which there is no legal recourse against the Member. L. Data Asset means any software or electronic data that exists in Computer Systems and that is subject to regular back up procedures, including computer programs, applications, account information, customer information, private or personal information, marketing information, financial information and any other information maintained by the Member Organization in its ordinary course of business. M. Denial of Service Attack means an attack Intended by the perpetrator to overwhelm the capacity of a Computer System by sending an excessive volume of electronic data to such Computer System in order to prevent authorized access to such Computer System, N. Loss means Damages, Claims Expenses, Privacy Notification Costs, Penalties and PCI Fines and Costs. O. Malicious Code means any virus, Trojan horse, worm or any other similar software program, code or script intentionally designed to insert itself into computer memory or onto a computer disk and spread itself from one computer to another. P. Manager means a manager of a limited liability company. O. Media Material means any information in electronic form, including words, sounds, numbers, images, or graphics and shall include advertising, video, streaming content, web -casting, online forum, bulletin board and chat room content, but does not mean computer software or the actual goods, products or services described, illustrated or displayed in such Media Material. FMIT PNL 1012 Page 13 of 21 R. Merchant Services Agreement means any agreement between a Member and a financial institution, creditldebit card company, credit/debit card processor or independent service operator enabling a Member to accept credit card, debit card, prepaid card, or other payment cards for payments or donations. S. Member, as used herein means: the designated member, 2. while acting within the scope of his employment, any officer (except constitutional officers), volunteer, servant, or employee of the designated member, including elected and appointed officials, and members of Boards or Commissions. However, the coverage so provided any officer, servant, or employee does not apply to bodily injury to another officer, servant or employee of the designated member injured in the course of and arising out of his employment. The coverage afforded applies separately to each member against whom claim is made or suit is brought, except with respect to the limits of liability of the Trust; and does not apply to bodily injury or property damage or personal injury liability arising out of the conduct of any partnership orjoint venture of which a member is a partner or participant and which is not specified in this Agreement as a designated member. T. Optional Extension Period means the period of time after the end of the Agreement Period for reporting Claims as provided in Clause IX, Optional Extension Period, of this Agreement. U. PCI (Payment Card Industry) Fines and Costs means the direct monetary fines and penalties owed by the Member Organization under the terms of a Merchant Services Agreement, but only where such fines or penalties result both from the Member Organization's actual or alleged noncompliance with published PCI Data Security Standards and from a data breach caused by an incident (or reasonably suspected incident) described in Insuring Agreement I.A.1. or I.A.2.; provided, PCI Fines and Costs shall not include, any charge backs, interchange fees, discount fees, or other service related fees, rates or charges. V. Penalties means 1. any civil fine or money penalty payable to a governmental entity that was imposed in a Regulatory Proceeding by the Federal Trade Commission, Federal Communications Commission, or any other federal, state, local or foreign governmental entity, In such entity's regulatory or official capacity; the Insurability of Penalties shall be in accordance with the law in the applicable venue that most favors coverage for such Penalties; and 2. amounts which the Member is legally obligated to deposit in a fund as equitable relief for the payment of consumer claims due to an adverse judgment or settlement of a Regulatory Proceeding (including such amounts required to be paid into a "Consumer Redress Fund"); but and shall not include payments to charitable organizations or disposition of such funds other than for payment of consumer claims for losses caused by an event covered by Insuring Agreements I.A.I., I.A.2. or I.A.3.; but shall not mean (a) costs to remediate or improve Computer Systems, (b) costs to establish, implement, maintain, improve or remediate security or privacy practices, procedures, programs or policies, (c) audit, assessment, compliance or reporting costs, or (d) costs to protect the confidentiality, integrity and/or security of Personally Identifiable Non -Public Information from theft, loss or disclosure, even if it is in response to a regulatory proceeding or investigation. FMIT PNL 1012 Page 14 of 21 W. Personally Identifiable Non -Public Information means: 1. information concerning the individual that constitutes "nonpublic personal information" as defined in the Gramm -Leach Bliley Act of 1999, as amended, and regulations issued pursuant to the Act; 2. medical or health care Information concerning the individual, including "protected health information" as defined in the Health Insurance Portability and Accountability Act of 1996, as amended, and regulations issued pursuant to the Act; 3. information concerning the individual that is defined as private personal information under statutes enacted to protect such information in foreign countries, for Claims subject to the law of such jurisdiction; 4. information concerning the individual that is defined as private personal information under a Breach Notice Law; or 5. the individual's drivers license or state Identification number; social security number; unpublished telephone number; and credit, debit or other financial account numbers in combination with associated security codes, access codes, passwords or pins; if such information allows an individual to be uniquely and reliably identified or contacted or allows access to the individual's financial account or medical record information but does not include publicly available information that is lawfully made available to the general public from government records. X. Agreement Aggregate Limit of Liability means the aggregate Limit of Liability set forth in the Declarations. Y. Agreement Period means the period of time between the inception date shown in the Declarations and the effective date of termination, expiration or cancellation of this Agreement and specifically excludes any Optional Extension Period or any prior Agreement Period or renewal period. Z. Privacy Law means a federal, state or foreign statute or regulation requiring the Member Organization to protect the confidentiality and/or security of Personally Identifiable Non - Public Information. AA. Privacy Policy means the Member Organization's public declaration of its policy for collection, use, disclosure, sharing, dissemination and correction or supplementation of, and access to, Personally Identifiable Non -Public Information. BB. Property Damage means physical injury to or destruction of any tangible property, including the loss of use thereof. CC. Regulatory Proceeding means a request for information, civil investigative demand, or civil proceeding commenced by service of a complaint or similar proceeding brought by or on behalf of the Federal Trade Commission, Federal Communications Commission, or any federal, state, local or foreign governmental entity in such entity's regulatory or official capacity in connection with such proceeding. DD. Retention means the applicable retention for each Insuring Agreement as specified in the Declarations. EE. Related Party means the Member Organization and any past, present or future employees, directors, officers, Managers, partners or natural person Independent contractors of the Member Organization. FMIT PNL 1012 Page 15 of 21 FF. Retroactive Date means the date specified in the Declarations. GG. Security Breach means: Unauthorized Access or Use of Computer Systems, including Unauthorized Access or Use resulting from the theft of a password from a Computer System or from any Member; 2. a Denial of Service Attack against Computer Systems or Third Party Computer Systems, or 3. infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems, whether any of the foregoing is a specifically targeted attack or a generally distributed attack. A series of continuing Security Breaches, related or repeated Security Breaches, or multiple Security Breaches resulting from a continuing failure of Computer Security shall be considered a single Security Breach and be deemed to have occurred at the time of the first such Security Breach. HH. Third Party Computer Systems means any computer systems that: (1) are not owned, operated or controlled by a Member; and (2) does not include computer systems of a third party on which a Member performs services. Computer systems include associated input and output devices, data storage devices, networking equipment, and back up facilities. I. Third Party Corporate Information means any trade secret, data, design, interpretation, forecast, formula, method, practice, credit or debit card magnetic strip information, process, record, report or other item of information of a third party not insured under this Agreement which is not available to the general public and is provided to the Member subject to a mutually executed written confidentiality agreement or which the Member Organization is legally required to maintain in confidence; however, Third Party Corporate Information shall not include Personally Identifiable Non -Public Information. JJ. Unauthorized Access or Use means the gaining of access to or use of Computer Systems by an unauthorized person or persons or the use of Computer Systems in an unauthorized manner. KK. Unauthorized Disclosure means the disclosure of (including disclosure resulting from phishing) or access to information in a manner that is not authorized by the Member Organization and is without knowledge of, consent, or acquiescence of any member of the Control Group, VII. LIMIT OF LIABILITY A. The Agreement Aggregate Limit of Liability stated in the Declarations Is the Trusts combined total limit of liability for all Loss payable under this Agreement. The limit of liability stated in the Declarations is aggregate limit of liability payable under this Agreement for all Privacy Notification Costs covered under Insuring Agreement I. B. The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Penalties covered under Insuring Agreement I.C. FMIT PNL 1012 Page 16 of 21 The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Damages covered under Insuring Agreement I.D. The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all PCI Fines and Costs covered under Insuring Agreement I.E. The above limit of liability is part of, and not In addition to, the Agreement Aggregate Limit of Liability stated in the Declarations. Neither the inclusion of more than one Member under this Agreement, nor the making of Claims by more than one person or entity shall increase the Limit of Liability. B. The Limit of Liability for the Optional Extension Period shall be part of and not in addition to the Agreement Aggregate Limit of Liability. C. The Trust shall not be obligated to pay any Loss, or to undertake or continue defense of any suit or proceeding, after the Agreement Aggregate Limit of Liability or any other applicable limit of liability set forth in the Declarations has been exhausted by payment of Loss, or after deposit of the Agreement Aggregate Limit of Liability or any other applicable limit of liability in a court of competent jurisdiction. Upon such payment, the Trust shall have the right to withdraw from the further defense of any Claim under this Agreement by tendering control of said defense to the Member. VIII. RETENTION A. The Retention amount set forth in the Declarations applies separately to each incident, event, or related Incidents or events, giving rise to a Claim. The Retention shall be satisfied by monetary payments by the Member of Damages, Claims Expenses, or Penalties. B. The Retention amount set forth In the Declarations applies separately to each incident, event, or related Incidents or events, giving rise to an obligation to pay Privacy Notification Costs. The Retention shall be satisfied by monetary payments by the Member of Privacy Notification Costs. C. The Retention amount set forth in the Declarations applies separately with respect to each Claim for one or more of the acts listed in Insuring Agreement I.D. in the course of the Member Organization's performance of any Covered Media Activities, including Claims Expenses. D. The Retention amount set forth in the Declarations applies separately to each incident, event, or related incidents or events, giving rise to an obligation to pay PCI Fines and Costs. E. Satisfaction of the applicable Retention is a condition precedent to the payment by the Trust of any amounts hereunder, and the Trust shall be liable only for the amounts in excess of such Retention subject to the Trust's total liability not exceeding the Agreement Aggregate Limit of Liability or any applicable Limit of Liability. The Member shall make direct payments within the Retention to appropriate other parties designated by the Trust. IX. OPTIONAL EXTENSION PERIOD A. In the event of the termination of this Agreement for any reason except the non-payment of premium, the Member designated in the Declarations shall have the right, upon payment in full and not proportionally or otherwise in part of the percentage shown in the Declarations of the full Premium set forth below, to have issued an endorsement FMIT PNL 1012 Page 17 of 21 providing an Optional Extension Period for the period of time set forth in the Declarations for Claims first made against any Member and reported to the Trust during the Optional Extension Period, and arising out of any act, error or omission committed on or after the Retroactive Date and before the end of the Agreement Period, subject to the conditions set forth herein. In order for the Member to invoke the Optional Extension Period option, the payment of the additional premium for the Optional Extension Period must be paid to the Trust within thirty (30) days of the termination of this Agreement. If notice of election of the Optional Extension Period and full premium payment is not given to the Trust within such thirty (30) day period, there shall be no right to purchase the Optional Extension Period. B. The Limit of Liability for the Optional Extension Period shall be part of, and not in addition to, the Agreement Aggregate Limit of Liability and the exercise of the Optional Extension Period shall not in any way increase the Agreement Aggregate Limit of Liability or any limit of liability. The Optional Extension Period does not apply to Insuring Agreement I.B. C. The right to the Optional Extension Period shall not be available to the Member where the Agreement premium has not been paid in full, or where cancellation or non -renewal by the Trust is due to non-payment of premium or failure of an Member to pay such amounts in excess of the applicable limit of liability or within the amount of the applicable Retention. D. All notices and premium payments with respect to the Optional Extension Period option shall be directed to the Trust through the entity named in the Declarations. E. At the commencement of the Optional Extension Period the entire premium shall be deemed earned, and in the event the Member terminates the Optional Extension Period for any reason prior to its natural expiration, the Trust will not be liable to return any premium paid for the Optional Extension Period. X. NOTICE OF CLAIM, LOSS OR CIRCUMSTANCE THAT MIGHT LEAD TO A CLAIM A. If any Claim is made against the Member, the Member shall give prompt written notice to the Trust through persons named in the Declarations of such Claim in the form of a telecopy, email, or express or certified mail together with every demand, notice, summons or other process received by the Member or the Member's representative. In no event shall such notice to the Trust be later than the end of the Agreement Period, the end of the Optional Extension Period (if applicable), or thirty (30) days after the expiration date of the Agreement Period in the case of Claims first made against the Member during the last thirty (30) days of the Agreement Period. B. With respect to Insuring Agreement I.B. for a legal obligation to comply with a Breach Notice Law because of an incident (or reasonably suspected incident) described in Insuring Agreement I.A.1. or I.A.2., such incident or reasonably suspected Incident must be reported promptly during the Agreement Period after discovery by the Member; provided, however, that unless the Member cancels the Agreement, or the Trust cancel for non-payment of premium, incidents discovered by the Member within sixty (60) days prior to expiration of the Agreement shall be reported promptly, but in no event later than sixty (60) days after the end the Agreement Period; provided further, that if this Agreement is renewed by the Trust and covered Privacy Notification Costs are incurred because of such incident or suspected incident that was discovered by the Member within sixty (60) days prior to the expiration of the Agreement, and first reported during the sixty (60) day post Agreement Period reporting period, then any subsequent Claim arising out of such incident or suspected incident is deemed to have been made during the Agreement Period. C. If during the Agreement Period, the Member first becomes aware of any circumstance that could reasonably be the basis for a Claim it may give written notice to the Trust in the WIT PNL 1012 Page 18 of 21 form of a telecopy, email or express or certified mail through persons named in the Declarations as soon as practicable during the Agreement Period. Such notice must include, 1. the specific details of the act, error, omission, or Security Breach that could reasonably be the basis for a Claim; 2. the injury or damage which may result or has resulted from the circumstance; and 3. the facts by which the Member first became aware of the act, error, or omission or Security Breach. Any subsequent Claim made against the Member arising out of such circumstance which is the subject of the written notice will be deemed to have been made at the time written notice complying with the above requirements was first given to the Trust. An incident or reasonably suspected incident reported to Trust during the Agreement Period and in conformance with Clause XB shall also constitute notice of a circumstance under this Clause X.C. D. A Claim or legal obligation under paragraph A. or B. above shall be considered to be reported to the Trust when written notice is first received by the Trust in the form of a telecopy, email or express or certified mail or email through persons named in the Declarations of the Claim or legal obligation, or of an act, error, or omission, which could reasonably be expected to give rise to a Claim if provided in compliance with paragraph C. above. XI. ASSISTANCE AND COOPERATION A. The Trust shall have the right to make any investigation they deem necessary, and the Member shall cooperate with the Trust in all investigations, including investigations regarding the Application for and coverage under this Agreement. The Member shall execute or cause to be executed all papers and render all assistance as is requested by the Trust. The Member agrees not to take any action which in any way increases the Trust's exposure under this Agreement. B. Upon the Trust's request, the Member shall assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Member because of acts, errors or omissions, incidents or events with respect to which insurance is afforded under this Agreement, and the Member shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance or witnesses. C. The Member shall not admit liability, make any payment, assume any obligations, incur any expense, enter Into any settlement, stipulate to any judgment or award or dispose of any Claim without the written consent of the Trust, except as specifically provided in Clause II., Defense and Settlement of Claims, paragraph D. Compliance with a Breach Notice Law will not be considered as an admission of liability for purposes of this Clause XI.C. D. Expenses incurred by the Member in assisting and cooperating with the Trust do not constitute Claims Expenses under the Agreement. XII. SUBROGATION If any payment is made under this Agreement and there is available to the Trust any of the Member's rights of recovery against any other party, then the Trust shall maintain all such rights of recovery. The Member shall execute and deliver instruments and papers and do whatever FMIT PNL 1012 Page 19 of 21 else is necessary to secure such rights. The Member shall do nothing after an incident or event giving rise to a Claim or Loss to prejudice such rights. Any recoveries shall be applied first to subrogation expenses, second to Loss paid by the Trust, and lastly to the Retention. Any additional amounts recovered shall be paid to the Member. XIII. OTHER INSURANCE The insurance under this Agreement shall apply in excess of any other valid and collectible insurance available to any Member, including any self insured retention or deductible portion thereof unless such other insurance is written only as specific excess insurance over the Agreement Aggregate Limit of Liability or any other applicable Limit of Liability of this Agreement XIV. ACTION AGAINST THE TRUST No action shall lie against the Trust or the Trust's representatives unless and until, as a condition precedent thereto, the Member shall have fully complied with all provisions, terms and conditions of this Agreement, and the amount of the Member's obligation to pay shall have been finally determined either by judgment or award against the Member after trial, regulatory proceeding, arbitration or by written agreement of the Member, the claimant, and the Trust. No person or Organization shall have the right under this Agreement to join the Trust as a party to an action or other proceeding against the Member to determine the Member's liability, nor shall the Trust be impleaded by the Member or the Member's legal representative. The Member's bankruptcy or insolvency or of the Member's estate shall not relieve the Trust of their obligations hereunder. XV. ENTIRE AGREEMENT By acceptance of the Agreement, all Members agree that this Agreement embodies all agreements between the Trust and the Member relating to this Agreement. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Agreement or stop the Trust from asserting any right under the terms of this Agreement, nor shall the terms of this Agreement be waived or changed, except by endorsement issued to form a part of this Agreement signed by the Trust. XVI. ASSIGNMENT The interest hereunder of any Member is not assignable. If the Member shall die or be adjudged incompetent, such Agreement shall cover the Member's legal representative as the Member as would be permitted under this Agreement. XVII. SINGULAR FORM OF A WORD Whenever the singular form of a word is used herein, the same shall include the plural when required by context. XVIII. HEADINGS The titles of paragraphs, sections, provisions or endorsements of or to this Agreement are intended solely for convenience and reference, and are not deemed in any way to limit or expand the provisions to which they relate and are not part of the Agreement. XIX. WARRANTY BY THE MEMBER By acceptance of this Agreement, all Members agree that the statements contained in the Application are their agreements and representations, that they shall be deemed material to the risk assumed by the Trust, and that this Agreement is issued in reliance upon the truth thereof. Furthermore, Member agrees there shall be no coverage under this part until Member delivers an executed declaration (on a form to be provided by the Trust) expressly stating that it has made a good faith consideration of its past and present activities and operations and it has no reasonable FMIT PNL 1012 Page 20 of 21 basis to believe any claim, fact or circumstance exists nor has ever existed which might give rise to coverage under this part. XX. AUTHORIZATION By acceptance of this Agreement, the Member agree that the Member will act on their behalf with respect to the giving and receiving of any notice provided for In this Agreement, the payment of premiums and the receipt of any return premiums that may become due under this Agreement, and the agreement to and acceptance of endorsements. FMIT PNL 1012 Page 21 of 21 FIRST PARTY COMPUTER SECURITY COVERAGE ENDORSEMENT This endorsement modifies the Agreement provided under the following INFORMATION SECURITY & PRIVACY INSURANCE WITH ELECTRONIC MEDIA LIABILITY COVERAGE The General/Professional Liability coverage agreement Declarations is amended to include the following: Clause I., Insuring Agreements, is amended to include: Cyber Extortion To indemnify the Member for: Cyber Extortion Loss, in excess of the Retention, incurred by the Member Organization as a direct result of an Extortion Threat first made against the Member Organization during the Agreement Period by a person, other than the Member Organization's employees, directors, officers, principals, trustees, governors, Managers, members, management committee members, members of the management board, partners, contractors, outsourcers, or any person in collusion with any of the foregoing. Coverage under this Insuring Agreement is subject to the applicable conditions and reporting requirements, including those set forth in Clause XXX, Obligations In The Event of an Extortion Threat. G. First Party Data Protection To Indemnify the Member for: Data Protection Loss, in excess of the Retention, Incurred by the Member Organization as a direct result of: 1. alteration, corruption, destruction, deletion or damage to a Data Asset, or inability to access a Data Asset, that first takes place during the Agreement Period and is directly caused by a failure of Computer Security to prevent a Security Breach; provided that such Security Breach must take place on or after the Retroactive Date and before the end of the Agreement Period. H. First Party Network Business Interruption To indemnify the Member for: Business Interruption Loss, in excess of the applicable Retention, incurred by the Member Organization during the Period of Restoration or the Extended Interruption Period (if applicable) as a direct result of the actual and necessary interruption or suspension of Computer Systems that first takes place during the Agreement Period and is directly caused by a failure of Computer Security to prevent a Security Breach; provided that such Security Breach must first take place on or after the Retroactive Date and before the end of the Agreement Period. 2. Clause V., Exclusions, is amended to include: EXT -A With respect to Insuring Agreements I.F., I.G. and I.H., for, arising out of or resulting from any criminal, dishonest, fraudulent, or malicious act, error or omission, any Security Breach, Extortion Threat, or intentional or knowing violation of the law, if committed by FMIT PNLX 1012 Page 1 of 10 any member of the Control Group or any person in participation or collusion with any member of the Control Group; FACT—B With respect to Insuring Agreements I.G. and I.H., arising out of or resulting from: 1. any failure or malfunction of electrical or telecommunications infrastructure or services, provided that this exclusion shall not apply to any otherwise covered Claim or Loss arising out of failure of Computer Security to prevent a Security Breach that was solely caused by a failure or malfunction of telecommunications Infrastructure or services under the Member Organization's direct operational control; 2. fire, flood, earthquake, volcanic eruption, explosion, lighting, wind, hail, tidal wave, landslide, act of God or other physical event; or 3. any satellite failures; EXT—C With respect to Insuring Agreement I. F, arising out of or resulting from: any threat to physically harm or kidnap any person; or 2. any threat to harm, take, or transfer property other than any Data Asset, even if such threat is made in conjunction with a threat to a Data Asset or by carrying out such threat to, harm, theft, or transfer, a Data Asset may be damaged, corrupted, altered, taken, disseminated or transferred; or EXT—D Arising out of or resulting from any seizure, nationalization, confiscation, or destruction of Computer Systems or Data Assets by order of any governmental or public authority. 3. Clause VI., Definitions, paragraphs F., G. and N. are hereby deleted in their entirety and replaced by F. Computer Security means software, computer or network hardware devices, the function or purpose of which is to prevent Unauthorized Access or Use, a Denial of Service Attack against Computer Systems, infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems. Computer Security Includes antivirus and intrusion detection software, firewalls and electronic systems that provide access control to Computer Systems through the use of passwords, biometric or similar identification of authorized users. With respect to Insuring Agreements I.A., I.B., and I.C. only, Computer Security also means the Member Organization's written information security policies and procedures, the function or purpose of which is to prevent Unauthorized Access or Use, a Denial of Service Attack against Computer Systems, infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems. G. Computer Systems means computers and associated input and output devices, data storage devices, networking equipment, and back up facilities: 1. operated by and either owned by or leased to the Member Organization; 2. operated by a third party service provider and used for the purpose of providing hosted computer application services to the Member Organization or for processing, maintaining, hosting or storing the Member Organization's electronic data, pursuant to written contract with the Member Organization for such services, and 3. with respect to Insuring Agreement I.H. only, operated by a third party service provider and used for the purpose of providing hosted computer application services to the Member Organization or for processing, maintaining, hosting or storing the Member Organization's electronic data, pursuant to written contract FMIT PNLX 1012 Page 2 of 10 4. with the Member Organization for such services, provided such coverage is subject to the limit of liability set forth in the Declarations. N. Loss means Damages, Claims Expenses, Privacy Notification Costs, PCI Fines and Costs, Cyber Extortion Loss, Business Interruption Loss, Data Protection Loss and Penalties. Clause VI., Definitions, is amended to include: FPC -A Business Interruption Loss means the total of: 1. Income Loss and Extra Expense during the Period of Restoration; and 2. Extended Income Loss if the Income Loss during the Period of Restoration is in excess of the applicable Retention. Provided that Business Interruption Loss shall not mean and Insuring Agreement I.G. shall not cover any of the following: Loss arising out of any liability to any third party for whatever reason; legal costs or legal expenses of any type; Loss incurred as a result of unfavorable business conditions, loss of market or any other consequential loss; or costs or expenses the Member Organization incurs to identify and remove software program errors or vulnerabilities. All Business Interruption Loss resulting from multiple covered interruptions or suspensions of Computer Systems that arise out of the same or a continuing Security Breach, from related or repeated Security Breaches, or from multiple Security Breaches resulting from a failure of Computer Security shall be deemed to be a single Business Interruption Loss; provided, however, that a separate Waiting Period shall apply to each Period of Restoration. FPC -B Cyber Extortion Loss means: 1. any Extortion Payment that has been made under duress by or on behalf of the Member Organization with Trusts prior written consent, but solely to prevent or terminate an Extortion Threat and in an amount that does not exceed the covered Damages and Claims Expenses that would have been incurred had the Extortion Payment not been paid; 2. an otherwise covered Extortion Payment that is lost in transit by actual destruction, disappearance or wrongful abstraction while being conveyed by any person authorized by or on behalf of the Member Organization to make such conveyance;and 3. fees and expenses paid by or on behalf of the Member Organization for security consultants retained with Trust prior written approval, but solely to prevent or terminate an Extortion Threat. FPC -C Data Protection Loss means: 1. with respect to any Data Asset that is altered, corrupted, destroyed, deleted or damaged the actual, reasonable and necessary costs and expenses incurred by the Member Organization to restore a Data Asset from back-ups or from originals or to gather, assemble and recollect such Data Asset from other sources to the level or condition In which it existed immediately prior to its alteration, corruption, destruction, deletion or damage; or 2. with respect to any Data Asset that the Member Organization is unable to access, the lesser of the actual, reasonable and necessary costs and expenses incurred by the Member Organization to: FMIT PNLX 1012 Page 3 of 10 (a) regain access to such Data Asset; or (b) restore such Data Asset from back-ups or originals or gather, assemble and recollect such Data Asset from other sources, to the level or condition in which it existed immediately prior to the Member Organization's inability to access it; Provided that if such Data Asset cannot reasonably be accessed, restored, gathered, assembled or recollected, then Data Protection Loss means the actual, reasonable and necessary costs and expenses incurred by the Member Organization to reach this determination. Provided further that Data Protection Loss shall not exceed, and shall not mean, any amount in excess of the amount by which the net profit before income taxes of the Member Organization would have decreased had the Member Organization failed to restore, gather, assemble or recollect as set forth in sub -paragraphs FPC -C.1. and FPC - C.2. above. A Data Protection Loss will be deemed to occur at the time such alteration, corruption, destruction, deletion or damage to or inability to access a Data Asset is first discovered by the Member. All Data Protection Loss that arises out of the same or a continuing Security Breach, from related or repeated Security Breaches, or from multiple Security Breaches resulting from a failure of Computer Security shall be deemed to be a single Data Protection Loss. Data Protection Loss shall not mean, and there shall be no coverage under Insuring Agreement I.G. for: 1. costs or expenses incurred by the Member Organization to identify or remediate software program errors or vulnerabilities or update, replace, restore, gather, assemble, reproduce, recollect or enhance a Data Asset or Computer Systems to a level beyond that which existed prior to the alteration, corruption, destruction, deletion or damage of such Data Asset; 2. costs or expenses to research or develop any Data Asset, including but not limited to trade secrets or other proprietary information, 3. the monetary value of profits, royalties, or lost market share related to a Data Asset, including but not limited to trade secrets or other proprietary information or any other amount pertaining to the value of the Data Asset; 4. loss arising out of any liability to any third party for whatever reason; or 5. legal costs or legal expenses of any type. FPC -D Dependent Business means any third party service provider that provides hosted computer application services to the Member Organization or processes, maintains, hosts or stores the Member Organization's electronic data, pursuant to written contract with the Member Organization for such services. FPC -E Extended Income Loss means the Income Loss during the Extended Interruption Period. FPC -F Extended Interruption Period means the period of time that: 1. begins on the date and time that the Period of Restoration ends; and 2. terminates on the date and time the Member restores, or would have restored if the Member had exercised due diligence and dispatch, the net profit before income taxes that would have been earned by the Member directly through its FMIT PNLX 1012 Page 4 of 10 business operations had the actual and necessary interruption or suspension of Computer Systems not occurred; provided that In no event shall the Extended Interruption Period mean more than or exceed thirty (30) days. FPC -G Extortion Payment means cash, marketable goods or services demanded to prevent or terminate an Extortion Threat. FPC -H Extortion Threat means a threat to breach Computer Security in order to, 1. after, destroy, damage, delete or corrupt any Data Asset; 2. prevent access to Computer Systems or a Data Asset, including a Denial of Service Attack or encrypting a Data Asset and withholding the decryption key for such Data Asset; 3. perpetrate a theft or misuse of a Data Asset on Computer Systems through external access; 4. introduce Malicious Code into Computer Systems or to third party computers and systems from Computer Systems; or 5. interrupt or suspend Computer Systems; unless an Extortion Payment is received from or on behalf of the Member Organization. Multiple related or continuing Extortion Threats shall be considered a single Extortion Threat for purposes of this Agreement and shall be deemed to have occurred at the time of the first such Extortion Threat. FPC -I Extra Expense means: 1. reasonable and necessary expenses that are incurred by the Member Organization during the Period of Restoration to minimize, reduce or avoid an Income Loss, provided: (a) that such expenses are over and above those the Member Organization would have incurred had no interruption or suspension of the Computer Systems occurred; and (b) do not exceed the amount by which the Income Loss in excess of the Retention and covered under this Agreement is thereby reduced; and 2. Forensic Expenses, subject to the limit set forth in the Declarations; provided that Extra Expense shall not mean, and there shall be no coverage under Insuring Agreement I.H. for expenses Incurred by the Member to update, upgrade, enhance or replace Computer Systems to a level beyond that which existed prior to the actual and necessary interruption or suspension of Computer Systems; or the costs and expenses incurred by the Member Organization to restore, reproduce, or regain access to any Data Asset that was altered, corrupted, destroyed, deleted, damaged or rendered inaccessible as a result of the failure of Computer Security to prevent a Security Breach. FPC -J Forensic Expenses means reasonable and necessary expenses incurred by the Member Organization to Investigate the source or cause of the failure of Computer Security to prevent a Security Breach. WIT PNLX 1012 Page 5 of 10 FPC -K Income Loss means: 1. the net profit before income taxes that the Member Organization is prevented from earning through its business operations or the net loss before income taxes that the Member Organization is unable to avoid through its business operations as a direct result of the actual and necessary interruption or suspension of Computer Systems; and 2. fixed operating expenses incurred by the Member Organization (including payroll), but only to the extent that a, such operating expenses must necessarily continue during the Period of Restoration (or Extended Interruption Period, if applicable); and b. such expenses would have been Incurred by the Member Organization had such interruption or suspension not occurred. Income Loss shall be reduced to the extent the Member or Dependent Business (if applicable) is able, with reasonable dispatch and due diligence, to reduce or limit such interruption or suspension of Computer Systems or conduct its business operations by other means. In determining Income Loss, due consideration shall be given to the prior experience of the Member Organization's business operations before the beginning of the Period of Restoration and to the probable business operations the Member Organization could have performed had no actual and necessary interruption or suspension occurred as result of a failure of Computer Security to prevent a Security Breach. Income Loss will be calculated on an hourly basis based on the Member Organization's net profit (or loss) and fixed operating expenses as set forth above. FPC -L Period of Restoration means the time period that: begins on the specific date and time that the actual and necessary interruption or suspension of Computer Systems first occurred; and 2. ends on the specific date and time that the actual and necessary interruption or suspension of Computer Systems ends, or would have ended had the Member or Dependent Business (if applicable) acted with due diligence and dispatch; provided that in no event shall the Period of Restoration mean more than or exceed thirty (30) days; and provided further that restoration of Computer Systems will not end the Period of Restoration if such systems are actually and necessarily interrupted or suspended again within one hour of such restoration due to the same cause as the original Interruption or suspension. FPC -M Waiting Period means the period of time beginning when the Period of Restoration begins and expiring after the elapse of the number of hours set forth in the Declarations. A Waiting Period shall apply to each Period of Restoration. Clause VII., Limit of Liability, paragraph A. is deleted and replaced as follows: A. The Agreement Aggregate Limit of Liability stated in the Declarations is the Trust's combined total limit of liability for all Loss payable under this Agreement for all coverages combined. The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all Privacy Notification Costs covered under Insuring Agreement I.B. The limit of liability stated in Item 4.C. is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Penalties covered under Insuring Agreement I.C. FMIT PNLX 1012 Page 6 of 10 The limit of liability stated in Item 4.D. is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Damages covered under Insuring Agreement I.D. The limit of liability stated in Item 4.E is the aggregate limit of liability payable under this Agreement for all PCI Fines and Costs covered under Insuring Agreement I.E. The limit of liability stated in Item 4.F. is the aggregate limit of liability payable under this Agreement for all Cyber Extortion Loss covered under Insuring Agreement I.F. The limit of liability stated In Item 4.G. is the aggregate limit of liability payable under this Agreement for all Data Protection Loss and Business Interruption Loss covered under Insuring Agreements I.G. and I.H. The above limits of liability are part of, and not in addition to, the overall Agreement Aggregate Limit of Liability. 6. Clause VII., Limit of Liability, is modified to add the following at the end thereof: D. With respect to Insuring Agreement I.H., the most the Trust will pay for: 1. covered Income Loss per hour is the amount set forth in the Declarations for Insuring Agreement I.H. as the "Hourly limit"; 2. the Agreement Period for all covered Forensic Expenses is the amount set forth in the Declarations for Insuring Agreement I.H. as "Forensic Expense limit"; and 3. the Agreement Period for all covered Business Interruption Loss arising out of Computer Systems operated by Dependent Businesses, is the amount set forth in the Declarations for Insuring Agreement I.H. as "Dependent Business Interruption limit". Clause VIII., Retention, is amended to add the following at the end thereof: E. The Retention set forth in the Declarations applies separately to each Extortion Threat. The Retention shall be satisfied by monetary payments by the Member of covered Cyber Extortion Loss. F. With respect to Insuring Agreement I.G., the Retention amount set forth in the Declarations applies separately to each Security Breach. The Retention shall be satisfied by monetary payments by the Member of covered Data Protection Loss. G. With respect to Insuring Agreement I.H., the Retention set forth in the Declarations applies separately to each Security Breach. The Retention shall be satisfied by covered Business Interruption Loss retained by the Member Organization. The Retention for Insuring Agreement I.H. shall be as follows: 1. with respect to covered Income Loss, the Retention shall be the greater of (a) the Loss amount set forth in the Declarations, less the amount of any payments within the Retention for covered Loss under Insuring Agreement I.G. made in accordance with Clause VIII., Retention, paragraph A.; or (b) the amount of Income Loss during the Waiting Period; and 2. with respect to Extra Expense, the Retention shall be USD 50,000, provided that the Retention for Extra Expense shall be reduced on a dollar -for -dollar basis (up FMIT PNLX 1012 Page 7 of 10 to USD 50,000) by the amount of covered Income Loss in excess of the applicable Income Loss Retention. B. Clause X., Notice of Claim, Loss or Circumstance That Might Lead to a Claim, is modified to add the following at the end thereof: E. With respect to Insuring Agreement I.F., in the event of an Extortion Threat to which this Agreement applies, the Member Organization shall notify Trust by contacting the persons specified in the Declarations by telephone immediately upon receipt of any Extortion Threat, and shall thereafter also provide written notice by telecopy or express mail within five (5) days following the Extortion Threat. F. With respect to Insuring Agreement I.G., the Member must forward written notice by express mail or telecopy to the Trust through persons named in the Declarations immediately upon discovery of alteration, corruption, destruction, deletion or damage to or inability to access a Data Asset to which this Agreement applies; provided that all covered Data Protection Loss must be discovered and reported (in accordance with Clause XXVIII., Proof and Appraisal of Loss) to the Trust no later than six months after the end of the Agreement Period. G. With respect to Insuring Agreement I.H., the Member shall forward immediately to the Trust through persons named in the Declarations, written notice of the interruption or suspension of Computer Systems to which this Agreement applies in the form of a telecopy or express mail. Such notice must be provided during the Agreement Period, or no later than ten (10) days after the end of the Agreement Period for Interruptions or suspensions occurring within ten (10) days of the end of the Agreement Period; provided, all covered Business Interruption Loss must be reported to the Trust (in accordance with Clause XXVIII., Proof and Appraisal of Loss) no later than six (6) months after the end of the Agreement Period. 9. The following Clauses XXVIII., XXIX and XXX are added to the Agreement: XXVIII. PROOF AND APPRAISAL OF LOSS A. Proof of Loss. With respect to Insuring Agreements I.G. and I.H., before coverage will apply, the Member must: 1. prepare and submit to the persons named in the Declarations a written and detailed proof of loss sworn by an officer of the Member within ninety (90) days after the Member discovers a Data Protection Loss or the Member Organization sustains a Business Interruption Loss (as applicable), but in no event later than six (6) months following the end of the Agreement Period (unless such period has been extended by Trust's written consent). Such proof of loss shall include a narrative with full particulars of such Data Protection Loss or Business Interruption Loss, including, the time, place and cause of the Data Protection Loss or Business Interruption Loss, a detailed calculation of any Data Protection Loss or Business Interruption Loss, the Member Organization's interest and the Interest of all others in the property, the sound value thereof and the amount of Data Protection Loss or Business Interruption Loss or damage thereto and all other insurance thereon; and 2. upon the Trust's request, submit to an examination under oath and provide copies of the underlying documents, data and materials that reasonably relate to or are part of the basis of the claim for such Data Protection Loss or Business Interruption Loss. FMIT PNLX 1012 Page 8 of 10 The costs and expenses of preparing and submitting a proof of loss, and establishing or proving Data Protection Loss, Business Interruption Loss or any other Loss under this Agreement shall be the Member's obligation, and are not covered under this Agreement. B. Appraisal of Loss. If the Member and the Trust do not agree on the amount of a Loss, each party shall select and pay an appraiser or other qualified expert (the "Appraiser") to state the amount of the loss or reasonable expenses, and the Appraisers shall choose an umpire. If the Appraisers cannot agree on an umpire, the Member or the Trust may request a judge of a court having jurisdiction to make the selection. Each Appraiser shall submit the amount of the Loss or reasonable expenses to the umpire, and agreement by the umpire and at least one of the Appraisers as to the amount of a Loss shall be binding on all Members and the Trust. The Member and the Trust will equally share the costs of the umpire and any other costs other than the cost of the Appraisers. This provision shall govern only the appraisal of the amount of a Loss, and shall not control the determination of whether such Loss is otherwise covered by the Agreement. The Trust will still retain and does not waive their rights to deny coverage or enforce any obligation under this Agreement. XXIX. RECOVERED PROPERTY If the Member or the Trust recovers any property, money or Data Assets after a loss payment is made, the party making the recovery must give prompt notice of the recovery to the other party. If the recovered property is money or other funds, the recovery shall be applied first to any costs incurred by the Trust in recovering the property, second to loss payments made by the Trust, and third to any Retention payment made by the Member. If property other than money or funds is recovered, then the Member may keep the recovered property and return the loss payment, plus the any costs of recovery incurred by the Trust, or keep the loss payment less the costs of recovery incurred by the Trust and transfer all rights in the property to the Trust. XXX. OBLIGATIONS IN THE EVENT OF AN EXTORTION THREAT A. Member's Duty of Confidentiality The Member shall use its best efforts at all times to ensure that knowledge regarding the existence of this insurance for Cyber Extortion Loss afforded by this Agreement is kept confidential. The Trust may terminate the insurance provided by this Agreement for Cyber Extortion Loss upon ten (10) days written notice to the Member If the existence of insurance for Cyber Extortion Loss provided by this Agreement becomes public knowledge or is revealed to a person making an Extortion Threat through no fault of the Trust. B. Member Organization's Obligation to Investigate Extortion Threat and Avoid or Limit Extortion Payment Prior to the payment of any Extortion Payment, the Member Organization shall make every reasonable effort to determine that the Extortion Threat is not a hoax, or otherwise not credible. The Member Organization shall take all steps reasonable and practical to avoid or limit the payment of an Extortion Payment. C. Conditions Precedent As conditions precedent to this insurance for Cyber Extortion Loss under the terms of this Agreement: Member's Obligation to Demonstrate Duress WIT PNLX 1012 Page 9 of 10 The Member Organization must be able to demonstrate that the Extortion Payment was surrendered under duress. 2. Notification of Police The Member Organization shall allow the Trust or their representative to notify the police or other responsible law enforcement authorities of any Extortion Threat. All other terms and conditions of this Agreement remain unchanged. Authorized Representative FMIT PNLX 1012 Page 10 of 10 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY CRISIS INTERVENTION EXPENSE ENDORSEMENT Subject to an annual aggregate limit of $25,000, the Trust will reimburse incurred expenses for the following crisis intervention services for a member when a Crisis occurs: (1) On-site Crisis and grief counseling for employees or officials of member who have undergone a Personal Crisis for a period of one (1) week after the Crisis occurs. (2) 24 -hours a day, 7 -days a week Crisis hotline for a period of up to three (3) months after the Crisis occurs. (3) Crisis follow-up and relapse prevention services for those employees or officials of member on an as needed basis by a licensed professional for a period of up to three (3) months after the Crisis occurs. (4) A public relations specialist to assist in handling Crisis related external communications with electronic, print, television and/or radio media for up to thirty (30) days after the Crisis occurs. For purposes of this endorsement only: Crisis occurs when an event resulting in loss of life or serious injury to others causes member employees or officials to suffer a Personal Crisis. The event causing the Personal Crisis must arise during the discharge of duties by the employee or official on behalf of member. Personal Crisis means an acute response to an event wherein homeostasis is disrupted, and one's usual coping mechanisms have failed, and there is evidence of significant stress or functional impairment as diagnosed by a licensed physician. The coverage provided by this endorsement shall be secondary to a member's employee assistance program or other employee benefit plan that provides crisis intervention or recovery services. FMIT CIE 1011 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SEWERLINE BACKUP AND INITIAL CLEANUP EXPENSE I. The Coverage Agreement is amended to include the following additional coverage. The Trust will pay for property damage expenses caused by sewerline back up from a sewerline owned and operated by the member, where the Trust determines the activities or operations on the sewerline by the member caused the backup. The backup must occur on premises not owned or rented by the member. Payments by the Trust hereunder shall be limited to initial property damage clean up expenses only and shall not apply to any other loss, bodily injury or damage to property as a result of sewerline backup. The maximum payment for sewerline cleanup expense in any Trust Year is $100,000.00. FMITSBU 1011 Page 1 of 1 I. DESIGNATED MEMBER: FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS Town of Gulf Stream Address: 100 Sea Road Gulf Stream, FL 33483 IL COVERAGE PERIOD From October 1, 2014 to October 1, 2015 12:01 A.M. Standard Time at the address of the Designated Member. III. AGREEMENT NUMBER Florida Municipal Insurance Trust(FMIT) FMIT#0228 IV. COVERAGES INCLUDED General Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Net Premium Constant Credit Premium $89,771 $200 $(11,510) $78,461 I October 1, 2014 Signature of Authorized Representative Dale FLORIDA MUNICIPAL INSURANCE TRUST WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE AGREEMENT DECLARATIONS I. DESIGNATED MEMBER: Town of Gulf Stream II. GOVERNMENT DESCRIPTION Municipality III. COVERAGE PERIOD Agreement No.: FMIT #0228 From 10/01/2014 to 10/01/2015 12:01 A.M. Standard Time at the address of the Designated Member IV. A. Workers Compensation Insurance: Part One of the Agreement applies to the Workers Compensation Law of the state of Florida: B. Employers Liability Insurance. Part Two of the Agreement applies to work in each state listed in item V.A. The limits of our liability under Part Two are: Bodily Injury by Accident $1,000,000 each accident Bodily Injury by Disease $1,000,000 policy limit Bodily Injury by Disease $1.000.000 each employee C. Other States Insurance: if any D. This Agreement includes these endorsements and schedules: See Schedule D V. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Expense Incentive Premium Constant Credit Net Premium $29,454 $200 $(6,989) $22,665 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT WC DEC 1014 Page 1 of 2 FMIT WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGES October 1, 2014 - October 1, 2015 Scheduled Coverage Forms List Town of Gulf Stream, FMIT #0228 Schedule D Form # Description FMITTRAG 1014 Trust Agreement FMIT WC EL 1013 Coverage Agreement - Workers Compensation and Employers Liability WC 00 00 01A 1002 Workers Compensation Schedule WC 09 04 03 A Florida Terrorism Risk Insurance Program Reauthorization WC 00 03 11 A Voluntary Compensation and Employers Liability Coverage Endorsement FMIT WC DEC 1014 Page 2 of 2 FLORIDA MUNICIPAL INSURANCE TRUST TRUST AGREEMENT THIS AGREEMENT, made and entered into this 1st day of October, 1992, by and between the Florida Municipal Insurance Trust (Trust) and all parties who are now or may hereafter become members of the Florida Municipal Insurance Trust (member), acting by and through a Board of Trustees of their own selection. These members of the Florida Municipal Insurance Trust, all local government entities, have organized and formed a trust, and have agreed to pod their liabilities pursuant to Florida law. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and obligations herein contained, which are given to and accepted by each member hereof to the other, the parties to this instrument covenant, stipulate and agree as follows: RESPONSIBILITIES OF MEMBER As a pre -requisite for participation in the Trust, each member of the Trust agrees to abide by the following terms, conditions and obligations: FMITTRAG 1014 GENERAL CONDITIONS A. The member agrees the Board of Trustees, the governing body of the Trust, comprised entirely of local elected officials, will set up, operate and enforce its own administrative rules, regulations and by-laws as between the individual members of the Trust and shall otherwise direct the affairs of the Trust; B. The member and the Trust agree that the Board may admit as members of this Trust only acceptable employers in the state of Florida who have common governmental interest. The Board or its designee shall be sole judge of whether or not an applicant shall be admitted to membership; C. The member agrees to maintain a reasonable loss prevention program in order to provide the maximum in safety and lawful practices as such may relate to the potential liability assumed by the Trust under this Agreement or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement; D. The member agrees to provide immediate notification of such occurrence to the Trust in the event of an occurrence likely to give rise to a claim within the scope of this Agreement, or any other agreement, certificate, document or other instrument executed by the Trust and the member pursuant to this Agreement; E. The member agrees to promptly make all contributions for coverages arising under this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement at the time and in the manner directed by the Board of Trustees. Said contributions may be reduced by any discount, participation credit, or other contribution reduction program established by the Board of Trustees; F. The member agrees in the event of payment of any loss by the Trust on behalf of the member, the Trust shall be subrogated to the extent of such payment to all the rights of the member against any party or other entity legally responsible for damages resulting from said loss, and in such event, the member hereby agrees, Page 1 of 7 on behalf of itself, its officers, employees, and agents to execute and deliver such instruments and papers as are required, to secure such right to the Trust, and to cooperate with and otherwise assist the Trust as may be necessary to effect any recovery sought by the Trust pursuant to such subrogated rights, to do whatever else is reasonably necessary to secure such right to the Trust, and to do nothing that will impair the rights of the Trust herein described. G. The member agrees the Board of Trustees, its Administrator, and any of their other agents, servants, employees or attorneys, shall be permitted at all reasonable limes and upon reasonable notice to inspect the property, work places, plants, works, machinery and appliances covered pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, and shall be permitted at all reasonable times while the member participates in the Trust, to examine the members' books, vouchers, contracts, documents and records of any and every kind which show or tend to show or verify any loss that may be paid or may have been paid by the Trust on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, or which show or verify the accuracy of any contribution which is paid or payable by the member pursuant to the terms of this Agreement, or any other agreement, certification, document or any other instrument executed by the Trust and the member pursuant to this Agreement, However, neither the Trust, it's Board of Trustees, its Administrator, nor any of their agents, servants, employees or attorneys of either will have any liability to the member or others because of any inspection or failure to inspect. H. The members hereby delegate to the Board of Trustees the responsibility to contract for handling the administrative and servicing functions of the Trust. The Board may pay a reasonable fee for such, which shall be negotiated from time to time by the Board of Trustees. These fees shall be in consideration of all services and expenses contracted for with the Trust, which services or expenses may include the collecting, disbursing, and accounting for monies collected, counseling with members as to the safety hazards, claims handling and investigations, and legal services, actuarial services and accounting services and for the purpose of providing for excess insurance coverage. Books and records of all contractors employed by the Trust are to be open to inspection by the Board of Trustees or their agents at all reasonable times and as otherwise required by law; The member and the Trust agree the administrator, to be appointed by the Board, shall deposit to the account of the Trust, at any bank or banks designated by the Board, all contributions or other monies, as and when collected and said monies shall be disbursed only as provided by (1) the Trust's Agreement and Dedarabon of Trust, (2) the rules, regulations and by-laws of the Board, and (3) the Agreement between the Board and the administrator; J. The member and the Trust agree that the Trust is to defend in the name of and on behalf of the member any claims, suits or other legal proceedings which may at any fime be instituted against the member on account of any liability for monetary damages, to the extent such defense and liability has been assumed by the Trust pursuant to an obligation to defend that arises under this Agreement or any other agreement, certificate, documents, or other instrument executed by the Trust and the member pursuant to this Agreement, subject to any and all of the definitions, terms, conditions and exclusions contained in said agreements, certificates, FMIT TRAG 1014 Page 2 of 7 documents or other instruments. Further, the member agrees: 1. For any occurrence resulting in a claim or suit for damages under this Agreement, the Trust, in its sole discretion, may investigate; settle; coordinate the defense of claims or counts within suits which may not be expressly covered by this Agreement but which provide strategic benefits through coordinated litigation, and/or use of any other reasonable means permitted by applicable rules of state law and attorney professional conduct, without the prior consent or approval of the member. 2. The Trust shall have no obligation to retain more than one attomey to defend all members involved in any single occurrence resulting in a claim or suit for damages covered by this Agreement. 3. The Trust shall remain in control of the defense for any occurrence resulting in a claim or suit for damages for which the Trust is obligated to provide a defense or elects to provide a defense to the member, whether covered or not covered by this Agreement, notwithstanding any of the following: a. There is more than one defendant against whom a claim or suit is brought; b. There is any real or perceived conflict between or among the Trust, any member or any defendant(s) involved in any claim or suit; C. The Trust has reserved its right to deny or limit its coverage in any claim or suit; d. The Trust or the member initiates any claim or suit against any other Trust member. 4. In the event any court of competent jurisdiction orders the Trust to provide attomey representation beyond the attorneys the Trust selects and retains, the member shall be entitled to the fees and charges for such attorney representation only to the extent of usual and customary legal fees and charges paid by the Trust for reasonably similar representation. K. The member agrees the liability of the Trust is specifically limited to the discharge of the liability of its members assumed pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement; L. The member agrees the coverage of the Trust does not apply to punitive or exemplary damages; M. The Trust shall operate on a fiscal year from October 1" to September 30" of the succeeding year. Application for continuing membership, when approved in writing by the Board or their designee, shall constitute a continuing contract for each succeeding fiscal period unless cancelled by the Board or unless the member shall have resigned or withdrawn from said Trust by written notice; N. Unless the Trust and the member otherwise expressly agree in wrifing, the member agrees coverage by the Trust for a member under the terms of this Agreement or FMIT TRAG 1014 Page 3 of 7 any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, shall expire automatically at 12:00 am on the first day of October of each calendar year; O. Except as otherwise provided herein, the member and the Trust agree such member's coverage may be canceled by the Trust or the member at any time upon no less than forty-five (45) days prior written notice by the Board of Trustees or the Administrator to the member and to the Division of Workers' Compensation, if applicable, or by the member to the Trust, stating the date such cancellation shall be effective; however, cancellation by the member after the initial effective date of coverage (October 1), may be other than pro -rata; or the Trust may cancel for non- payment of contribution by issuing written notice of cancellation to the member 10 days before the effective date of cancellation; The notice will be mailed or delivered to the members last known address. If notice is mailed, proof of mailing will be sufficient evidence of notice as of the date of the postmark. P. The member agrees excess monies remaining after the payment of claims and claim expenses, and after provision has been made for the payment of open claims and outstanding reserves, may be distributed by the Board of Trustees to the members participating in the Trust in such manner as the Trustees shall deem to be equitable; Q. The member agrees there will be no disbursements out of the reserve fund established by the Trust by way of dividends or distributions of accumulated reserves to members until provision has been made for all obligations against the Trust and except at the discretion of the Board of Trustees; The member agrees to permit qualified service providers, including attorneys selected by the Trust, to defend, investigate, settle, and otherwise process and dispose of all claims, suits, allegations or demands that may result in liability assumed by the Trust on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust or the member pursuant to this Agreement, notwithstanding the following rights which the Trust agrees the member shall retain: The member may, in its discretion and solely at its own expense, retain counsel other than the altomey(s) provided by the Trust to represent the member against any claim, suit, allegations or demands. The Trust shall have no obligation to cover the cost of such retained counsel or any related expenses However, the member agrees that, even to the extent it may use counsel other than the adomey(s) appointed by the Trust and notwithstanding the provisions of General Condition J., the Trust shall retain the right to maintain control of the defense of any claim or suit as provided elsewhere in this Agreement. 2. If the members limit of liability is exhausted and the Trust or its agent has not notified the member of such exhaustion at least thirty (30) days prior, then the Trust shall continue providing the defense previously undertaken by the attomey(s) appointed by the Trust for a reasonable period of time, not to exceed thirty (30) days following exhaustion of the member's limit of liability, during which time the member shall acquire control of the claims, suits, allegations or demands remaining at issue. However, the member FM IT TRAG 1014 Page 4 of 7 shall reimburse the Trust for any related expenses incurred during the transfer of the matter from the Trust -appointed attomey(s) to the aftomey(s) chosen by the member following exhaustion of the member's limit of liability. S. The member shall make prompt payment of all contributions as required by the Board of Trustees, said contributions to be determined by said Board. The member shall fully cooperate with auditors of the Trust to promptly determine final audited contributions. Any disputes concerning contributions shall be resolved after payment. Any objections concerning the final audited contribution shall be filed within 60 days of billing of the final audited contributions. After that time, the audit shall be considered to be final; T. The member agrees to pay reasonable penalties as determined by the Board of Trustees for late payment of contributions required under this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement; U. The member, through the Board of Trustees, does hereby appoint the Administrator of the Trust as its agent and attomey-in-fact, to act in its behalf and to execute all necessary contracts, reports, waivers, agreements, excess insurance contracts, service contracts, and other documents reasonably necessary to accomplish the purposes and to fulfill the responsibilities of the Trust; to make or arrange for the payment of claims, claim expenses, medical expenses, and all other matters required or necessary insofar as they affect the member's liability under federal or Florida law and insofar as such matters are covered pursuant to the terms of this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, and by the rules and regulations now or hereafter promulgated by the Board of Trustees; The Trust shall determine all questions of the scope of liability coverage, eligibility methods of providing or arranging for benefits, and all other related matters. it shall have full power to construe the provisions of this Agreement and the other program documents in the terms used here and therein. Any such determination and any such construction adopted by the Trust in good faith shall be binding upon all parties hereto and the members, provided such determination or such construction is consistent with the laws of the State. The member agrees to abide by all the terms and conditions of this Agreement, the Participation Agreement, the Trusts By-laws, the rules and regulations, and any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to the Agreement, W. The member and the Trust agree the Trust will maintain an excess coverage program and reserve evaluation to protect the financial stability of the Trust in an amount and manner determined by a qualified and independent actuary; X. The member and the Trust agree the Trust will submit to the appropriate governmental agency annually an audited fiscal year-end financial statement prepared by an independent certified public accountant; The member and the Trust agree that any member who formally applies for membership in this Trot and is accepted by the Board of Trustees shall thereupon become a party to the TrusPs Agreement and Declaration of Trust and be bound by FMIT TRAG 1014 Page 5 of 7 all of the terms and conditions contained therein, and said application shall constitute a counterpart of said Agreement and Declaration of Trust; and Z. Members duties after loss: 1. give the Trust prompt written notice of any accident, occurrence or potential claim along with all relevant information concerning the claim. The member shall have a continuing duty to provide to the Trust all relevant information promptly as the member becomes aware of such information; and 2. cooperate fully with the Trust in defense or settlement of claims or opposition to claims bills, and in the enforcement of any right of contribution or indemnity; and 3. forward to the Trust every notice, demand, summons or other process served upon the member relating to any occurrence, and take no further action concerning the occurrence without the approval of the Trust or the servicing agent; and 4. take reasonable steps to prevent additional or cumulative bodily injury, personal injury or property damage from or arising out of the same or similar conditions or circumstances; and 5. not engage in settlement negotiations as to any claim or suit, and the Trust shall have no obligation to pay the amount of any settlement negotiated or agreed upon by a member without prior written approval by the Trust or the servicing agent; and 6. agree to take all reasonable actions, where appropriate, which shall facilitate settlement of claims; and 7. agree to responsible counsel selected by the Trust to defend the claim and agree not to use the designated member's counsel in defense of said action unless otherwise provided In this Trust Agreement; and 8. keep all bills, receipts and related documents that establish the amount of loss; and 9. fumish a complete inventory of the lost, damaged and destroyed property, showing in detail the quantity and amount of loss claimed under the valuation provision of the Coverage Agreement; and 10. promptly separate the damaged property from the undamaged property, and keep it in the best possible order for examination; and 11. take all reasonable steps to protect the covered property from further damage, and 12. give notice of such loss to the proper authorities if the loss may be due to a violation of the law; and 13, refrain from any intentional efforts (whether by statements, actions or agreements) that: (1) harts, undermine, injure or conflict with the known legal strategy put forth by the Trust; (2) that are against the member's seg - interest or the interest of the Trust; (3) that are contrary to the member's pecuniary or proprietary interest, or that of the Trust; or (4) that tend to subject the member or the Trust to liability or expand existing liability; AA. Transfer of member's rights and duties under this Agreement. Your rights and duties under this Agreement may not be transferred without our written consent. This applies to all coverages under this Agreement or any that may be added after the effective date of this Agreement. Should your rights and duties be transferred to a legal representative, they may act only within their scope of duties with regard to this Agreement. Until your legal FMIT TRAG 1014 Page 6 of 7 representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. BB. Required member contributions shall be in addition to the deductible amount, if any, as set forth in the declarations to the Coverage Agreement. Where such deductible amount is required, coverages arising under this Agreement shall be in excess of such deductible. The Trust may pay on behalf of the member all or any portion of the deductible amount and upon notification by the Trust of such payment, the member shall promptly reimburse the Trust for any portion of the deductible the Trust has paid. CC. In the event any claim or suit results in liability against the member for which there is coverage under this Agreement and which is reasonably likely to be submitted to, or is submitted to, the legislative claims bill process in the Florida Legislature, the member agrees, on behalf of itself, its officers, employees, and agents, that the Trust shall have the right to control its representation in such matter before the legislative branch of the state government. Further, the member agrees to execute and deliver such instruments and papers as required by the Trust, to cooperate with any attorney or other representative retained by the Trust, to provide relevant testimony if required by the Trust, to do whatever else is reasonably necessary in the interest of defending such claim or suit in the legislative claims bill process and to do nothing that will impair or conflict with the rights of the Trust herein described. Additionally, the member shall Refrain from any intentional efforts (whether by statements, actions or agreements) that harts, undermine, injure or conflict with the known legal or legislative defense strategy being put forth by the Trust, that are against the member's self-interest, that are contrary to the member's pecuniary or proprietary interest, or that of the Trust, or that tend to subject the member or the Trust to liability or expand existing liability. DD. The member agrees that in the event of any legal issue between the Trust and any member requiring disposition by a court of law, including any determinations of whether and/or the extent to which coverage exists, this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the member pursuant to this Agreement, shall be deemed to have been made in Orange County, Florida and venue shall lie in the appropriate state or federal courts of Orange County, Florida. Agreement #: Designated Member: AGREED AND ENTERED this _/jay of 70 J For the Trust For the Member Don Lund Printed Name Printed Name Associate Director of Insurance Services _ Title Title FM IT TRAG 1014 Page 7 of 7 FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE AGREEMENT WORKERS COMPENSATION AND EMPLOYERS LIABILITY In consideration of the payment of the contributions and the covenants and agreements set forth in the INDEMNITY AND COVERAGE AGREEMENTS, in reliance upon the statements of the APPLICATION, the DECLARATIONS, and all terms, conditions, limits and other provisions of the COVERAGE AGREEMENT, the Trust agrees with the member as to the following: LIMITS OF LIABILITY Regardless of the number of (1) members under this Agreement, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of bodily injury, property damage or personal injury, the liability of the Trust is limited as follows: The total liability of the Trust applicable to "each person" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, attorneys fees, and prejudgment or post judgment interest, sustained by one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. The total liability of the Trust applicable to "each occurrence" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, attorneys fees, and prejudgment or post -judgment interest, sustained by more than one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. For the purpose of determining the limit of the Trust's liability, all damages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. DEFENSE AND SETTLEMENT In addition to the limits of liability the Trust will settle or defend at its own expense, as it considers appropriate, any claim or suit demanding money damages covered by this Agreement The Trust will defend any suit against a member which alleges a claim for money damages covered by this Agreement even if such suit is groundless, false or fraudulent. However, the Trust has no duty to defend a member in any action which on its face alleges facts excluded or not covered by this Agreement. In the event a suit or other action contains allegations which allege damages which the Trust has a duty to defend and other allegations which allege damages or other relief that the Trust does not have a duty to defend, the Trust will defend all allegations subject to the terms, conditions, limits of liability and exclusions of the Agreement; however, undertaking such defense shall not obligate the Trust to pay any judgments, settlements or awards which a member becomes legally obligated to pay for allegations to which coverage does not apply. The Trust's duty to defend ends when applicable Limits of Insurance have been exhausted. FMIT WC EL 1013 Page 1 of 6 DEFINITIONS Designated Member, means the entity, organization or constitutional officer named in Item I. of the Declarations of this Agreement; designated member does not include employees or agents of that entity or organization. Member, as used herein means: 2. the designated member, while acting within the scope of his employment, any officer, volunteer, servant, or employee of the designated member, including elected and appointed officials, and members of Boards or Commissions. COVERAGE A -WORKERS COMPENSATION The member and the Trust agree that the Trust will pay any sum a member becomes legally obligated to pay under the workers compensation laws of the state of Florida, including Employers liability as discussed within Coverage B attached hereto for accidents which occur during the period of this Agreement; and the Trust further agrees to pay all administration assessments as may be required in accordance with Florida Law; B. The Trust is to defend in the name of and on behalf of the members any suits or other proceedings which may at any time be instituted against them on account of injuries or death within the purview of the Florida Workers Compensation Law or on the basis of Employers liability, including suits or other proceedings alleging such injuries and demanding damages or compensation therefore, although such suits, other proceedings, allegations or demands are wholly groundless, false, or fraudulent, and to pay all costs taxed against members in any legal proceeding defended by the members, all interest accruing after entry of judgment and all expenses incurred for investigation, negotiation or defense; C. Liability of the Trust to the employees of any employer is specifically limited to such obligations as are imposed by the Florida law against the employer for workers compensation and/or employers liability as provided in Coverage B. The Trust's liability is further limited to only the obligations it assumes under this Agreement; D The member agrees the Trust shall not be liable for any additional compensation imposed by Section 440.54, and Section 440.15 (12), Florida Statutes; and E. The member agrees that the Board is authorized to set aside from the contributions and monies collected a reasonable sum for the operating or administrative expenses of the Trust. All remaining funds collected during any one fiscal year of the Trust shall be set aside and shall be used only for the following purposes: payment of a fee for the administrator and claims agent for said Trust; payment for claims, expenses, payments of compensation to employees covered by this contract, including but not limited to settlements, awards, judgements, legal fees, and costs in contested cases; payment of administrative and other assessments as required by Florida law; payment of cost of all bonds; actuarial, and auditing expenses required of the Trust or its agency or employees under Florida law; or other reasonable operating costs or expenses necessary for the administration of the Trust. FMIT WC EL 1013 Page 2 of 6 Other States Coverage: The Trust will reimburse the member for the benefits required by the Workers Compensation law of that state. If the member has worked on the effective date of this Agreement in any state other than Florida, coverage will not be afforded for that state unless the Trust is notified within thirty (30) days. G. This agreement requires you to release certain employment and wage information maintained by the State of Florida pursuant to federal and state unemployment compensation laws except to the extent prohibited or limited under federal law. By entering into this agreement, you consent to the release of the information. We will safeguard the information and maintain its confidentiality. We will limit use of the information to verifying compliance with the terms of the agreement. COVERAGE B - EMPLOYERS LIABILITY AGREEMENT A. The member and Trust agree the following definitions apply to the Employers Liability Agreement unless modified or excluded: 1. "Bodily Injury" means bodily injury, disability, disfiguration, sickness or disease or death resulting there from sustained by any person, and any loss, injury or damages sustained by any other person because of bodily injury, which occurs during the period of this Agreement; 2. "Designated Member" means the entity or organization named in this application. Designated member does not include employees or agents of the entity or organization; and 3. The term "Member" as used in this part means: (a) The designated member; (b) While acting within the scope of his employment, any officer, employee, or volunteer of the designated member, 4. "Occurrence", means an event or accident, including continuous or repeated exposure to conditions which result in bodily injury, property damage or personal injury and not arising from any form of intentional misconduct. B. The member and the Trust agree the Trust will pay all sums which a member becomes legally obligated to pay as damages because of bodily injury to an employee of the designated member arising out of and in the course of the injured employee's employment by the designated member, provided said bodily injury is covered by this Employers Liability Agreement; C. The member and the Trust agree the Trust will pay damages only to the extent where recovery is permitted by Chapter 440.11, Florida Statutes, and Section 768.28, Florida Statutes, including damages: For which a member becomes liable to a third party by reason of claim or suit against the member by the third party to recover the damages claimed against the member as result of injury to an employee of the designated member, 2. For care of loss and loss of services; and FMIT WC EL 1013 Page 3 of 6 3. For consequential bodily injury to spouse, child, parent, brother, or sister of the injured employee; provided that these damages are the direct consequence of bodily injury that arises out of and in the course of the injured employee's employment by the member, D. In addition to the limits of liability the Trust will settle or defend at its own expense, as it considers appropriate, any claim or suit demanding money damages covered by this Agreement. However, the Trust has no duty to defend a member in any action, which on its face alleges facts excluded or not covered by this Agreement; E. The member and the Trust agree regardless of the number of (1) members under this Agreement, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of bodily injury or property damage or personal injury, the liability of the Trust is limited as follows: The total liability of the Trust under all coverages and endorsements for all damages, including, but not limited to, damages for derivative claims, or taxable costs, attorneys fees, and prejudgment interest or post -judgment interest, sustained by one person or organization as the result of any one occurrence shall not exceed $1,000,000 bodily injury by accident per accident, $1,000,000 bodily injury by disease per disease, and $1,000,000 bodily injury by disease aggregate limits; 2. The total aggregate liability of the Trust under all coverages for all damages, including, but not limited to damages for derivative claims, or taxable costs, attorneys' fees, and prejudgment interest or post -judgment interest sustained by more than one person or organization as the result of any one occurrence shall not exceed the limit of liability as stated herein as applicable to "each accident or disease;" and 3. For the purpose of determining the limit of the Trust's liability, all damages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence; The member and the Trust agree that no liability is afforded by the Trust as follows: 1. To liability assumed by a member under any contract or agreement; 2. To any liability arising in whole, or in part out of: (a) Any act or omission of a member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property; (b) Any member obtaining remuneration or financial gain to which the member was not legally entitled; (c) The willful violation of any federal, state or local law, ordinance or regulation committed by or with the Imowledge or consent of any member; or (d) Malfeasance by any member; FIAT WC EL 1013 Page 4 of 6 Except that any fact pertaining to any one member shall not be imputed to any other member for the purpose of determining the application of these exclusions; 3. To any liability or injury, sickness, disease, death, or destruction due to the rendering of or failure to render any professional service by any doctor, surgeon, dentist, nurse or agents or employee of a designated member, 4. To any liability for punitive or exemplary damages; or any non - compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti -discrimination, or racketeer influence and corrupt organization (RICO) laws; 5. To any damages imposed by act of the Legislature; 6. To bodily injury or property damage for which the member or his indemnitee may be held liable; (a) As a person or organization engaged in the business or manufacturing, distributing, selling or serving alcoholic beverages, or (b) If not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed: By, or because of the violation of any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverages, or By reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person. To any liability arising out of any actual or alleged sexual action, abuse, communicable disease or employment related claim, defined for purposes of this exclusion as: (a) Sexual action includes, but is not limited to, any verbal or non- verbal communication, behavior or conduct with sexual connotations or purposes, whether for sexual gratification, discrimination, intimidation, coercion or other purpose, and regardless of whether such action is alleged to be intentional or negligent, (b) Abuse shall include, but is not limited to, the negligent or intentional infliction of physical, emotional or psychological injury or harm to any person or persons in the care, custody, or control of any member; (c) Communicable disease includes, but is not limited to, Acquired Immune Deficiency Syndrome (AIDS) and any venereal disease; and (d) Employment related claim includes, but is not limited to, claims, accusations or charges of negligent or intentional hiring, placement, training or supervision arising from or related to actual FMIT WC EL 1013 Page 5 of 6 or alleged sexual action, or any other type of actual or alleged abuse, or a communicable disease; 8. To any liability for injury, loss or damage sustained by any person or entities as a result of exposure to asbestosis or any other disease including mesothelioma and cancer related to asbestos exposure; 9. Bodily injury which is intentionally caused or aggravated by the member or members. Coverage is also excluded for any claim alleging gross negligence. Further, cover is also excluded for claims in which it is alleged that the Designated Member or a fellow employee acted in such a manner that it was substantially certain that injury or death would result; 10. Bodily injury to any employee while employed in violation of the law or engaged in any conduct in violation of law with the actual knowledge of any of the executive officers of the designated member, and 11. To any obligation imposed by a workers compensation, occupational disease, unemployment compensation or disability benefits law or any similar law. 12. Bodily injury intentionally caused or aggravated by you or which is the result of your engaging in conduct equivalent to an intentional tort, however defined, or other tortuous conduct, such that you lose your immunity from civil liability underthe workers compensation laws. FMIT WC EL 1013 Page 6 of 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY Policy No. FMIT #0228 EXTENSION OF INFORMATION PAGE ITEM 4. CONTINUED Page No. 1 Rates Per Estimated Annual Premiums Estimated $100 of Subject to CODE Total Annual Remun- CLASSIFICATION OF OPERATIONS NO. Remuneration oration Modification All Other FL-9 Intrastate I.D. 094008166 LOC 1 Employees. 18 NAICS: 921190 Total Payroll: 1,277,170 FL From10/01/2014 To 10/01/2015 STREET or Road MAINTENANCE OR BEAUTIFICATION 8 5509 43,493 11.67000 5,076 Drivers POLICE OFFICERS 8 Drivers 7720 846,598 4.42000 37,420 CLERICAL OFFICE EMPLOYEES NOC 8810 32B,627 0.26000 854 Buildings - Operation by Owner or Lessee 9015 58,452 5.14000 3,004 AR Adjustment 0.98260 -807 Employer Safety Premium Credit 9765 0.02000 -911 Drug-Free Workplace Credit 9841 0.05000 -2,232 Total After Credits 42,404 Experience Modification Final 9898 0.76000 -10,177 STANDARD PREMIUM 32,227 Advance Discount 0063 -2,773 Normal Premium 29,454 Expense Constant 0900 200 IncentiveCredit -6,989 Net Premium 22,665 Teronsm Risk Insurance Act 9740 - 0 WC 00 00 01A 1002 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 09 04 03 A (Ed. 1-08) FLORIDA TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT This endorsement addresses requirements of the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2007. Derinitions The definitions provided in this endorsement are based on and have the same meaning as the definitions in the Act. If words or phrases not defined in this endorsement are defined in the Act, the definitions in the Act will apply. 1. "Act" means the Terrorism Risk Insurance Act of 2002, which took effect on November 26, 2002, and any amendments resulting from the Terrorism Risk Insurance Program Reauthorization Act of 2007. 2. "Act of Terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States as meeting all of the following requirements: a. The act is an act of terrorism. b. The act is violent or dangerous to human life, property or infrastructure. c. The act resulted in damage within the United States, or outside of the United States in the case of the premises of United Stales missions or certain air carriers or vessels. d. The act has been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. "Insured Loss" means any loss resulting from an act of terrorism (including an act of war, in the case of workers compensation) that is covered by primary or excess property and casualty Insurance Issued by an insurer if the loss occurs in the United Slates or at the premises of United States missions or to certain air carriers or vessels. 4. 'Insurer Deductible" means, for the period beginning on January 1, 2008, and ending on December 31, 2014, an amount equal to 20% of our direct earned premiums, over the calendar year immediately preceding the applicable Program Year. S. 'Program Year" refers to each calendar year between January 1, 2008 and December 31, 2014, as applicable. Limitation of Liability The Act may limit our liability to you under this policy. If aggregate Insured Losses exceed $100,000,000,000 in a Program Year and if we have met our Insurer Deductible, we may not be liable for the payment of any portion of the amount of Insured Losses that exceeds $100,000,000,000; and for aggregate Insured Losses up to $100,000,000,000, we may only have to pay a pro rata share of such Insured Losses as determined by the Secretary of the Treasury. Policyholder Disclosure Notice 1. Insured Losses would be partially reimbursed by the United States Government. If the aggregate industry Insured Losses exceeds $100,000,000 in a Program Year, the United States Government would pay 85% of our Insured Losses that exceed our Insurer Deductible. 2. Notwithstanding item 1 above, the United States Government may not have to make any payment under the Act for any portion of Insured Losses that exceeds $100,000,000,000. 3. The premium charged for the coverage for Insured Losses under this policy is included in the amount shown in Item 4 of the Information Page or the Schedule below. Schedule Rate per $100 of Remuneration See Schedule :i Copyright 2007 National Council on Compensation Insurance, Inc. Ail Rights Reserved. Page 1 of 2 WC 09 04 03 A WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 1-08) This endorsement changes the policy to which It is attached and Is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective Date: 10/01/2014 Policy No. 0228-W14 Policy Effective Date: 10/01/2014 to 10/01/2015 Insured: Town of Gulf Stream DBA: Carrier Name / Code: Florida Municipal Insurance Trust WC 09 04 03A (Ed. 1-08) Countersigned by ©20e7 National Council on Compensation Insurance, Inc. Endorsement No. Premium S Page 2 of 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 11 A (Ed. 8.91) VOLUNTARY COMPENSATION AND EMPLOYERS LIABILITY COVERAGE ENDORSEMENT This endorsement adds Voluntary Compensation Insurance to the policy. A. How This Insurance Applies This insurance applies to bodily Injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an employee included in the group of employees described in the Schedule. 2. The bodily injury must arise out of and in the course of employment necessary or incidental to work in a stale listed in the Schedule. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily Injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you if you and your employees described in the Schedule were subject to the workers compensation law shown In the Schedule. We will pay those amounts to the persons who would be entitled to them under the law. C. Exclusions This Insurance does not cover. 1. any obligation imposed by a workers compensation or occupational disease law, or any similar law. 2. bodily injury intentionally caused or aggravated by you. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you and us, in writing, of all responsibility forthe Injury or death. 2. Transfer to us their right to recover from others who maybe responsible for the Injury or death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this Insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers Liability Insurance Part Two (Employers Liability Insurance) applies to bodily injury covered by this endorsement as though the Slate of Employment shown in the Schedule were shown in Item 3.A. of the Information Page. O 1991 National Council on Compensation Insurance. Page 1 of 2 WC 00 03 11 A 8-9 Employees All officers and employees not subject to the Workers Compensation Law except Masters or members of the crew of any vessel WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Schedule State of Employment Florida Designated Workers Compensation Law State of Hire This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 10/01/2014 Insured Town of Gulf Stream Insurance Company Florida Municipal Insurance Trust WC 00 03 11 A (Ed. 8-91) m 1991 National Council on compensation Insurance. Effective Policy No. 0228-W14 Endorsement No. Premium Countersigned Page 2 of 2 I. DESIGNATED MEMBER: FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS Town of Gulf Stream Address: 100 Sea Road Gulf Stream, FL 33483 II. COVERAGE PERIOD From October 1, 2015 to October 1, 2016 12:01 A.M. Standard Time at the address of the Designated Member, III. AGREEMENT NUMBER Florida Municipal Insurance Trust (FMIT) FMIT#0228 IV. COVERAGES INCLUDED General Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Net Premium Constant Credit Premium $98,331 $200 $(12,085) $86,446 ! October 1, 2015 Signature of Authorized Representative Date FLORIDA MUNICIPAL INSURANCE TRUST GENERAL/PROFESSIONAL LIABILITY COVERAGE AGREEMENT DECLARATIONS I. DESIGNATED MEMBER Town of Gulf Stream II. GOVERNMENT DESCRIPTION Municipality Agreement No.: FMIT#0228 III. COVERAGE PERIOD From October 1, 2015 to October 1, 2016 12:01 A.M. Standard Time at the address of the Designated Member. IV. General/Professional Liability Payroll: 1. General Liability a. Broad Form Property Damage b. Extra Contractual Legal Expense c. Fire Legal Liability d. Medical Attendants'/Medical Directors' Malpractice Liability 2. Errors and Omissions Liability a. Employment Practices Liability b. Employee Benefits Program Administration Liability 3. Law Enforcement Full Time with Arrest Powers: Part Time with Arrest Powers: 4. Information Security & Privacy Liability THESE ARE CLAIMS MADE AND REPORTED COVERAGES Insuring Agreement I.A. a. Information Security & Privacy Liability Retroactive Date: 10/1/2012 Insuring Agreement 1. B. b. Privacy Notification Costs Retroactive Date: 10/1/2012 Insuring Agreement I.C. c. Regulatory Defense and Penalties Retroactive Date: 10/1/2012 Premium Deductible/ Net Basis Type Limit Premium FMIT GL DEC 1015 Page 1 of 3 $0 $5,000,000 $41,374 455,898 $0 Per Form Included N/A $25,000 Included $0 $500,000 Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included 11 1 $250,000 Each Claim $250,000 Agreement Aggregate Limit of Liability $25,000 Included Included $10,000 Included Included $25,000 Included Included FMIT GL DEC 1015 Page 1 of 3 Insuring Agreement I.D. d. Website Media Content Liability Retroactive Date: 10/1/2012 Insuring Agreement I.E. e. PCI Fines and Costs Retroactive Date: 10/1/2012 Insuring Agreement I.F. f. Cyber Extortion Retroactive Date: 10/1/2012 Insuring Agreement I.G. g. First Party Data Protection Retroactive Date: 10/1/2012 Insuring Agreement I.H. h. First Party Network Business Interruption Retroactive Date: 10/1/2012 V. This agreement includes these endorsements and schedules: See Schedule A VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Incentive Net Premium Credit Premium $47,016 $(5,642) $41,374 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. WIT GL DEC 1015 Page 2 of 3 $25,000 Included Included $25,000 Included Included $35,000 Included Included $35,000 Included Included $35,000 Included Included V. This agreement includes these endorsements and schedules: See Schedule A VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Incentive Net Premium Credit Premium $47,016 $(5,642) $41,374 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. WIT GL DEC 1015 Page 2 of 3 FMIT GENERAUPROFESSIONAL LIABILITY COVERAGES October 1, 2015 - October 1, 2016 Schedule Coverage Forms List FMIT #0228 Schedule A Form # Description General Liability Common FMIT COND 1015 Conditions of Coverage FMITCA1015 Coverage Agreement General Liability FMIT BFPD 1010 Broad Form Property Damage Endorsement FMIT ECLE 1015 Extra Contractual Legal Expense Endorsement FMIT FLL 1012 Fire Legal Liability Endorsement FMIT MA 1007 Medical Attendants'/ Medical Directors' Malpractice Liability Endorsement FMIT EO 1015 Errors and Omissions Liability Endorsement FMIT LE 1014 Law Enforcement Liability Endorsement FMIT IC BH 1015 Inverse Condemnation and Bert J. Harris Jr. Private Property Rights Protection Act FMIT SE GL 1012 Specific Excess Endorsement - General Liability FMIT PNL 1012 Privacy/Network Security Liability EMIT PNLX 1012 First Party Computer Security Coverage FMIT CIE 1011 Crisis Intervention Expense Endorsement FMIT SBU 1011 Sewerline Backup and Initial Cleanup Expense FMIT GL DEC 1015 Page 3 of 3 FLORIDA MUNICIPAL INSURANCE TRUST CONDITIONS OF COVERAGE As a Member of the Florida Municipal Insurance Trust, Member agrees to abide by all requirements, terms and conditions authorized by, and set forth within, the Agreement and Declaration of Trust creating the Trust, including the following generally applicable conditions of coverage: CONDITIONS A. The Member agrees in the event of payment of any loss by the Trust on behalf of the Member, the Trust shall be subrogated to the extent of such payment to all the rights of the Member against any party or other entity legally responsible for damages resulting from said loss, and in such event, the Member hereby agrees, on behalf of itself, its officers, employees, and agents to cooperate with and otherwise assist the Trust as may be necessary to effect any recovery sought by the Trust pursuant to such subrogated rights and to do nothing that will impair the rights of the Trust herein described. B. The Member agrees the Board of Trustees, its Administrator, and any of their other agents, servants, employees or attorneys, shall be permitted at all reasonable times and upon reasonable notice to inspect the property, wok places, plants, works, machinery and appliances covered pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the Member and the Trust pursuant to this Agreement, and shall be permitted at all reasonable times while the Member participates in the Trust, to examine the Members' books, vouchers, contracts, documents and records of any and every kind which show or tend to show or verify any loss that may be paid or may have been paid by the Trust on behalf of the Member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the Member and the Trust pursuant to this Agreement, or which show or verify the accuracy of any contribution which is paid or payable by the Member pursuant to the terms of this Agreement, or any other agreement, certification, document or any other instrument executed by the Trust and the Member pursuant to this Agreement. However, neither the Trust, it's Board of Trustees, its Administrator, nor any of their agents, servants or employees will have any liability to the Member or others because of any inspection or failure to inspect. C. The Member shall make prompt payment of all contributions as required by the Board of Trustees, said contributions to be determined by said Board. The Member shall fully cooperate with auditors of the Trust to promptly determine final audited contributions. Any disputes concerning contributions shall be resolved after payment. Any objections concerning the final audited contribution shall be filed within 60 days of billing of the final audited contributions. After that time, the audit shall be considered to be final. D. Members' duties after loss: 1. give the Trust prompt written notice of any accident, occurrence or potential claim along with all relevant information concerning the claim. FMIT COND 1015 Page 1 of 3 The Member shall have a continuing duty to provide to the Trust all relevant information promptly as the Member becomes aware of such information; and 2. cooperate fully with the Trust in defense or settlement of claims or opposition to claims bills, and in the enforcement of any right of contribution or indemnity; and 3. forward to the Trust every notice, demand, summons or other process served upon the Member relating to any occurrence, and take no further action concerning the occurrence without the approval of the Trust or the servicing agent; and 4. take reasonable steps to prevent additional or cumulative bodily injury, personal injury or property damage from or arising out of the same or similar conditions or circumstances; and 5. not engage in settlement negotiations as to any claim or suit, and the Trust shall have no obligation to pay the amount of any settlement negotiated or agreed upon by a Member without prior written approval by the Trust or the servicing agent; and 6. agree to take all reasonable actions, where appropriate, which shall facilitate settlement of claims; and 7. agree to responsible counsel selected by the Trust to defend the claim and agree not to use the Designated Member's counsel in defense of said action unless otherwise provided in this Trust Agreement; and 8. keep all bills, receipts and related documents that establish the amount of loss; and 9. furnish a complete inventory of the lost, damaged and destroyed property, showing in detail the quantity and amount of loss claimed under the valuation provision of the Coverage Agreement; and 10. promptly separate the damaged property from the undamaged property, and keep it in the best possible order for examination; and 11. take all reasonable steps to protect the covered property from further damage; and 12. give notice of such loss to the proper authorities if the loss may be due to a violation of the law; and 13. refrain from any intentional efforts (whether by statements, actions or agreements) that: (1) harts, undermine, injure or conflict with the known legal strategy put forth by the Trust; (2) that are against the Member's self- interest or the interest of the Trust; (3) that are contrary to the Member's pecuniary or proprietary interest, or that of the Trust; or (4) that tend to subject the Member or the Trust to liability or expand existing liability; E. Transfer of Member's rights and duties under this Agreement. Members' rights and duties under this Agreement may not be transferred without our written consent. This applies to all coverages under this Agreement or any that may be added after the effective date of this Agreement. Should the Members' rights and duties be transferred to a legal representative, they may act only within their scope of duties with regard to this Agreement. Until you legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. F. Required Member contributions shall be in addition to the deductible amount, if any, as set forth in the declarations to the Coverage Agreement. Where such deductible amount is required, coverages arising under this Agreement shall be in excess of such deductible. The Trust may pay on behalf of the Member all or any portion of the deductible amount and upon notification by the Trust of such payment, the Member shall promptly reimburse the FMIT COND 1015 Page 2 of 3 Trust for any portion of the deductible the Trust has paid G. In the event any claim or suit results in liability against the Member for which there is coverage under this Agreement and which is reasonably likely to be submitted to, or is submitted to, the legislative claims bill process in the Florida Legislature, the Member agrees, on behalf of itself, its officers, employees, and agents, that the Trust shall have the right to control its representation in such matter before the legislative branch of the state government. Further, the Member agrees to execute and deliver such instruments and papers as required by the Trust, to cooperate with any attorney or other representative retained by the Trust, to provide relevant testimony if required by the Trust, to do whatever else is reasonably necessary in the interest of defending such claim or suit in the legislative claims bill process and to do nothing that will impair or conflict with the lights of the Trust herein described. Additionally, the Member shall refrain from any intentional efforts (whether by statements, actions or agreements) that harm, undermine, injure or conflict with the known legal or legislative defense strategy being put forth by the Trust, that are against the Member's self-interest, that are contrary to the Member's pecuniary or proprietary interest, or that of the Trust, or that tend to subject the Member or the Trust to liability or expand existing liability. H. The Member agrees that in the event of any legal issue between the Trust and any Member requiring disposition by a court of law, including any determinations of whether and/or the extent to which coverage exists, this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the Member pursuant to this Agreement, shall be deemed to have been made in Orange County, Florida and venue shall lie in the appropriate state or federal courts of Orange County, Florida. FMIT COND 1015 Page 3 of 3 FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE AGREEMENT APPLICABLE TO: GENERAL LIABILITY, AUTOMOBILE, PROPERTY AND ALLIED LINES In consideration of the Member's payment of the required contributions and the covenants and terms set forth in (a) the Conditions of Coverage, (b) the Member's Application for Participation including the statements and representations contained therein, (c) the Declarations and (d) the Coverage Agreement including coverage endorsements, terms, conditions, limits of liability, exclusions and other provisions thereof (a, b, c, and d shall hereinafter collectively forth and be referred to as the "Agreement"), the Florida Municipal Insurance Trust (hereinafter the 'Trust") hereby enters this Agreement with the Member as follows: COVERAGE The Trust will pay all sums which a Member becomes legally obligated to pay as damages because of: Bodily Injury Property Damage Personal Injury, or Advertising Injury to which this Agreement and any endorsements thereto apply caused by an occurrence which takes place during the coverage period of this Agreement. As a pre -requisite to any coverage provided by the Trust under this Agreement, the Member expressly agrees to each of the Conditions contained in the Member Conditions of Coverage provided with this Agreement, along with the provisions of the Agreement and Declaration of Trust creating the Florida Municipal Insurance Trust and any rules, policies and procedures adopted by the Trust, which shall be deemed a part of this Agreement, whether expressly restated herein or not. LIMBS OF LIABILITY Regardless of the number of (1) Members under this Agreement, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of bodily injury, property damage, personal injury or advertising injury, the liability of the Trust is limited as follows: The total liability of the Trust applicable to "each person" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post -judgment interest, sustained by one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. The total liability of the Trust applicable to "each occurrence" under all coverages and endorsements for all damages, including but not limited to damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post -judgment interest, sustained by more than one person or organization as the result of any one occurrence shall not exceed the limit of liability stated in the Declarations and endorsements thereto. For the purpose of determining the limit of the Trust's liability, all damages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. FMIT CA 1015 Page 1 of 20 DEFENSE AND SETTLEMENT The Trust will settle or defend at its own expense, as it considers appropriate, any claim or suit demanding money damages covered by this Agreement. The Trust will defend any suit against a Member which alleges a claim for money damages covered by this Agreement even if such suit is eventually found groundless, false or fraudulent. However, the Trust has no duty to defend a Member in any claim or suit which on its face alleges facts excluded or not covered by this Agreement. In the event a suit or other action contains allegations which allege damages which the Trust has a duty to defend and other allegations which allege damages or other relief that the Trust does not have a duty to defend, the Trust will defend all allegations subject to the terms, conditions, limits of liability and exclusions of the Agreement; however, undertaking such defense shall not obligate the Trust to pay any judgments, settlements or awards which a Member becomes legally obligated to pay for allegations to which coverage does not apply. The Trust's duty to defend ends when applicable Limits of Liability have been exhausted. As a condition of coverage under this Agreement, the Member agrees that settlement of any claim or suit may involve the payment of proceeds and/or the taking or forbearing to take certain actions by the Member. Accordingly, the following requirements shall apply to all settlement efforts by the Trust and any party acting as the Trust's appointed representative or agent: 1. For any occurrence resulting in a claim or suit for damages, if the Trust gives written notice of its recommendation for settlement, including the payment of proceeds to settle a claim or suit and/or the taking or forbearing to take certain actions by the Member, and the Member does not affirmatively accept such recommendation within a reasonably requested time period contained in the notice, not to exceed thirty (30) days following receipt of such notice, the Trust's sole coverage obligation to the Member shall then not exceed the lesser or: a. The sum for which the claim or suit could have been settled at the time set forth in the notice of the Trust's recommendation for settlement; and b. The costs and expenses incurred by the Trust in relation to the claim or suit, through the date on which the Member was required to provide its affirmafive acceptance of the recommendation for settlement; or c. If less than the sum or a. and b. above, the unused portion of the stated limit of liability contained within the declarations, less any self-insured retention or deductible amounts owed by the Member. 2- In its application of the foregoing provision, the Trust shall have no obligation to obtain prior notice or authorization of the Member or its legal counsel to make any proposed settlement, actual settlement or partial settlement of any claim or suit covered under this Agreement. As a condition of coverage under this Agreement, the Member agrees: 1. For any occurrence resulting in a claim or suit for damages for which coverage under this Agreement is sought, the Trust, in its sole discretion, may investigate; settle; coordinate the defense of claims or counts within suits which may not be expressly covered by this Agreement but which provide strategic benefits through coordinated litigation; and/or use of any other claim defense measures permitted FMIT CA 1015 Page 2 of 20 by applicable rules of state law and attorney professional conduct, without the prior consent or approval of the Member. 2. The Trust shall have no obligation to retain more than one attorney to defend all Members involved in any occurrence resulting in a claim or suit for damages covered by this Agreement, absent a clearly expressed conflict of interest from the attorney initially retained by the Trust. 3. The Trust shall remain in control of the defense for any occurrence resulting in a claim or suit for damages for which the Trust is obligated to provide a defense or elects to provide a defense to the Member, whether covered or not covered by this Agreement, notwithstanding any of the following: a. There is more than one defendant against whom a claim or suit is brought; b. There is any real or perceived conflict between or among the Trust, any Member or any defendant(s) involved in any claim or suit; c. The Trust has reserved its right to deny or limit its coverage in any claim or suit; d. The Trust or the Member initiates any claim or suit against any other Trust Member. 4. In the event any court of competent jurisdiction orders the Trust to provide attorney representation beyond the attomey(s) retained by the Trust to defend any claim or suit, the Member shall be entitled to the fees and charges for such court-ordered attorney representation only to the extent of usual, customary and reasonable legal fees and charges ordinarily paid to attorneys retained by the Trust. WIT CA 1015 Page 3 of 20 DEFINITIONS The following definitions apply throughout this Agreement unless modified or excluded: A. Advertising Injury, means injury arising out of an offense committed during the Agreement period occurring in the course of the Designated Member's advertising activities; if such injury arises out of libel, slander, defamation, violation of right of privacy, oral or written publication of material, misappropriation of advertising ideas or style of doing business or infringement of copyright, tide, or slogan. B. Agreement Territory, means the United States of America, its territories and possessions, Puerto Rico and Canada. C. Automobile, means a land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus attached thereto)—,m, any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". D. Bart J. Hams Private Property Rights Act Claim, means a claim alleging a cause of action authorized by section 70.001, Fla. Stat., as amended from time to time. E. Blanket Coverage, means in the event of a claim, the Members covered property coverage limit shall include the aggregate sum of agreed property values that were specified in the Member's Statement of Values and upon which the Members coverage and premiums were underwritten for the relevant coverage period. A blanket limit shall only apply when the designation "Blanket' is noted within the Members Property, Allied Lines and Crime Declarations page and shall only apply to covered property described at a Scheduled Location. F. Bodily Injury, means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time resulting from an occurrence during the period of this Agreement. G. Communicable Disease includes but is not limited to Acquired Immune Deficiency Syndrome (AIDS), and any other sexually transmitted disease. H. Designated Member, means the entity, organization or constitutional officer named in Item I. or V. of the Declarations of this Agreement; Designated Member does not include employees or agents of that entity or organization. I. Designated Members Products, means goods or products manufactured, sold, handled, or distributed by the Designated Member or by others trading under his name, including any container thereof (other than a vehicle), but "Designated Member's products" shall not include a vending machine or any other property, rented to or located for use of others but not sold. J. Elevator, means any hoisting or lowering device to connect Floors or landings, whether or not in service, and all appliances thereof; but does not include an automobile servicing hoist, a material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter. K. Employee Benefits Program, means any pension and profit sharing plan; individual retirement account (IRA) plan; salary reduction plan under Internal Revenue Code 401 (k) or Amendments; employee stock subscription plan, savings plan; group plan for life, health, dental, disability, automobile, home owners, or legal services insurance; social security FMIT CA 1015 Page 4 of 20 system benefits; workers' compensation and unemployment insurance; travel and vacation plans; or educational tuition reimbursement plans created, administered or endorsed by a Member. L Employment Practices includes, but is not limited to any actual or alleged: 1. discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); 2. employment-related misrepresentation(s) to an employee or applicant for employment with the Public Entity; 3. failure to grant tenure; 4. failure to provide or enforce adequate or consistent policies and procedure relating to any Employment Practices Violation; 5. harassment (including sexual harassment whether "quid pro quo", hostile work environment or otherwise); 6. retaliation (including lockouts) or alleged employment decisions involving violation of any slate, or local whistleblower protection law; 7. violation of an individual's civil rights relating to any of the above but only if the Employment Practices Violation relates to an employee or applicant for employment with the Public Entity whether direct, indirect, intentional or unintentional; B. wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; 9. wrongful discipline; 10. wrongful dismissal, discharge or termination, either actual or constructive; 11. wrongful failure to employ or promote. M. Errors and Omissions, means a claim for damages alleging liability for any error, misstatement, omission, neglect or breach of duty by Members while lawfully acting in their official capacity or lawfully acting within the scope of their employment, whether acting individually or collectively, excluding any claim based on a failure to properly effect any insurance coverage agreement or secure adequate insurance coverage from any insuring entity including the Trust and excluding any claim related to matters arising before the State of Florida Commission on Ethics, or any local ethics commission created by charter or ordinance which has jurisdiction over the alleged misconduct. N. Incidental Contract, means a written (a) lease of premises, (b) easement or license agreement granted to the Member, except in connection with construction or demolition operations on or within 50 feet of a railroad (c) obligation to indemnify a municipality, as required by municipal ordinance, except in connection with work for a municipality (d) an elevator maintenance agreement; or (e) contract otherwise entered by the Member for which tort liability would be imposed against the Member even in the absence of the contract, but does not include any contract that: involves the provision of professional services by an architect, engineer or surveyor; seeks to impose liability under a warranty of FMIT CA 1015 Page 5 of 20 the fitness or quality of the Members products or a warranty that work performed by or on behalf of the Member will be done in a workmanlike manner; seeks to hold harmless and/or indemnity any person or entity excluded from the scope of 768.28, Fla. Stat.; seeks to make the Member liable for any claim, loss or damages proximately caused by the negligent act or omission of another party, its directors, officers, employees, contractors and/or agents; seeks to waive the Member's sovereign immunity or extend the Members tort liability beyond the limits expressly provided in Section 768.28 F.S. seeks to impose contractual liability on the Member for underlying tort claims beyond the limits expressly provided in Section 768.28 F.S.; or does not otherwise comply with the express provisions of Section 768.28 F.S. O. Incidental Medical Malpractice Injury, means bodily injury arising out of the rendering of or failure to render medical services or treatment by a non-professional during the period of this Agreement, including the following services: medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith, or 2. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. P. Interlocal Agreement, means an agreement authorized by Chapter 163, Fla. Slat. that complies with the express provisions of Section 768.28 Fla. Stat. O. Inverse Condemnation, means any affirmative regulatory action by a Designated Member resulting in the deprivation of substantially all economically beneficial or productive use of private property and the resulting cause of action by the affected property owner to recover any loss in monetary value resulting from the regulatory action. As defined, "inverse condemnation" excludes any physical taking of property or diminution of access to property, by whatever means and whatever name called. R. Loading or unloading, means the handling of property: after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto;" 2. while it is in or on an aircraft, watercraft or "auto" or 3. while it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." S. Member, as used herein means: the Designated Member, 2. while acting within the scope of his employment, any officer (except constitutional officers), volunteer, servant, or employee of the Designated Member, including elected and appointed officials, and Members of Boards or Commissions. However, the coverage so provided any officer, servant, or employee does not apply to bodily injury to another officer, servant or employee of the Designated Member injured in the course of and arising out of his employment. WIT CA 1015 Page 6 of 20 The coverage afforded applies separately to each Member against whom claim is made or suit is brought, except with respect to the limits of liability of the Trust; and does not apply to bodily injury or property damage or personal injury liability arising out of the conduct of any partnership or joint venture of which a Member is a partner or participant and which is not specified in this Agreement as a Designated Member. Mobile Equipment, means a land vehicle (including any machinery or apparatus attached thereto), whether or not self propelled, (a) not subject to motor vehicle registration, or (b) maintained for use exclusively on premises owned by or rented to the Designated Member, including the ways immediately adjoining, or (c) designed for use principally off public roads, or (d) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers, graders, scrapers, rollers and other road construction or repair equipment; air compressors, pumps and generators, including spreading, welding and building cleaning equipment; and geophysical exploration and well servicing equipment. U. Mold, Spores and/or Fungus, means any mold, spores and/or fungus of any type of nature whatsoever that can cause or threaten harm to any living organism (including human health or human welfare, or the health or welfare of any animal or plant) or can cause or threaten physical damage, deterioration, loss of use, and/or loss of value or marketability, to any tangible property whatsoever. This includes, but is not limited to, any type(s) of mold, spores and/or fungus that are harmful or potentially harmful to health or welfare (such as Stachybotrys and others), or that are damaging or potentially damaging to tangible property (such as wet or dry rot, mildew and others) or that can otherwise cause or threaten to cause bodily injury, property damage, personal injury or advertising injury or any kind whatsoever. V. Occurrence, means an event or accident, including continuous or repeated exposure to substantially the same general harmful conditions which result in bodily injury, property damage, personal injury or advertising injury and not arising from any form of intentional misconduct. A single occurrence shall be deemed to arise in the event one or more claims for damages allege injury based on a series of similar causes or allege injury based on a common nucleus of operative facts: 1. that happen over a period of time; or 2. that happen repeatedly; or 3. that forth a course of conduct; or 4. that involve ordinances, resolutions, policies, procedures or legislative enactments that involve the same or substantially similar subject matter; or 5. that involve the adoption or enforcement, failure to adopt or failure to enforce: ordinances, resolutions, policies, procedures or legislative enactments that involve the same or substantially similar subject matter; or 6. that are certified by a court of competent jurisdiction to forth the basis for class- action litigation. W. Personal Injury, means injury sustained by any person or organization arising out of one or more of the following offenses committed during the term of this Agreement. 1. false arrest, detention, imprisonment; FMIT CA 1015 Page 7 of 20 2. wrongful entry or eviction, or other invasion of the right of private occupancy; 3. publication or utterance: a. of material that libels, slanders or defames or disparages a person or organization's goods, products or services; or; b. of material that violates an individual's right of privacy; except that publications or utterances in the course of or related to broadcasting, publishing, or telecasting activities conducted by or on behalf of the Designated Member shall not be deemed personal injury; X. Pollutants, mean any solid, liquid, biological, gaseous or thermal irritant or contaminate, including smoke, dust, vapor, soot, fumes, acids, alkalis, chemicals and electromagnetic radiation, liquids, gases, other irritants or contaminants and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Products -Completed Operations Hazard: includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: a. products that are still in your physical possession; or b. work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times. (1) when all of the work called for in your contract has been completed. (2) when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (3) when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub -contractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 2. Does not include "bodily injury" or "property damage" arising out of: a. The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; b. The existence of tools, uninstalled equipment or abandoned or unused materials; or C. Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products -completed operations are subject to the General Aggregate Limit. FMIT CA 1015 Page 8 of 20 Z. Property Damage, means (a) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting there from, or (b) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the period of this Agreement. AA. Scheduled Location, means a physical location identified within the Member's Property Schedule at which the Trust and Member agreed covered property may exist and more specifically, includes only the building(s), business personal property and/or non -building property (fixtures) specifically described and excludes any additional property at the physical location. BB. Sexual Action includes, but is not limited to, any verbal or non-verbal communication, behavior or conduct with sexual connotations or purposes, whether for sexual gratification, intimidation, coercion or other purpose, and regardless of whether such action is alleged to be intentional or negligent. CC. Sexual Abuse shall include, but is not limited to, the negligent or intentional infliction of physical, emotional or psychological injury or harm on any person or persons in the care, custody or control of any Member and also includes one or more of the following acts: 1. any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen. 2. any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person. 3. any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose. 4. the intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the individual or the perpetrator, except that this does not include: a. any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for an individual; or b. any act intended for a valid medical purpose. 5. the intentional masturbation of the perpetrator's genitals. 6. the intentional exposure of the perpetrator's genitals in the presence of an individual, or any other sexual act intentionally perpetrated in the presence of an individual, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose. the sexual exploitation of an individual, which includes allowing, encouraging, or forcing an individual to a. solicitation for or engage in prostitution; or b. any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience. FMIT CA 1015 Page 9 of 20 DD. Suit, means a civil proceeding in which damages because of "bodily injury," "property damage", "personal injury or advertising injury" to which this coverage applies are alleged. "Suit" includes: 1. an arbitration proceeding in which such damages are claimed and to which the Member must submit or does submit without consent; or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Member submits with our consent. EE. Your Product 1. means: a. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) you; (2) others trading under your name; or (3) a person or organization whose business or assets you have acquired; and b. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product;" and b. the providing of or failure to provide warnings or instructions. 3. does not include vending machines or other property rented to or located for the use of others but not sold. FF. Your Work: 1. means: a. work or operations performed by you or on your behalf; and b materials, parts or equipment furnished in connection with such work or operations. 2, includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work," and b. the providing of or failure to provide warnings or instructions. GG. Aircraft means an airplane, helicopter, or other machine capable of flight, including any unmanned or remotely operated variation of such machines such as "drones" or the like. EXCLUSIONS FMIT CA 1015 Page 10 of 20 This Coverage Agreement does not apply: A. to any liability arising from any alleged breach of any express or implied contract, nor to bodily injury, property damage or any liability arising out of the Member's assumption of liability in a contract or agreement, except an incidental contract or intedocal agreement, as those terms are defined herein; B. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any automobile operated by or rented or loaned to any Member; 2. any other automobile operated by any person in the course of his employment by any Member, but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the Member or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to any Member; 3. any vehicle while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; C. to bodily injury or property damage arising out of: 1. the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity; 2. the operation or use of any trailer designed for use therewith; or 3. the ownership, maintenance, operation, or use of a water theme park; 4. Inflatable Amusement Devices. D. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any watercraft used in law enforcement over fifty two (52) feet in length or thirty five (35) feet in length for all other watercraft; 2. any passenger while in or upon, entering or alighting from any watercraft, however, this exclusion does not apply to a watercraft you do not own that is not being used to carry persons or property for a charge; or 3. barge or lighter rented by the Member to others with respect to which the Member does not furnish employees to operate and does not have any operating control; 4. any watercraft while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; 5. any watercraft or structure being used as an artificial reef or similar purpose; 6. any marina operation owned, leased or operated by the Member. E. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any aircraft owned or operated by or rented or loaned to any Member; 2. any other aircraft operated by any person in the course of his employment by any Member; but this exclusion does not apply to aircraft while parked an premises owned by, rented to or controlled by the Member, F. to any liability adsing out of or caused or contributed to by any maintenance, operation, use or control of or responsibility for any airfield, airport, runway, hangar, building or other property or facility designed for, used, connected, associated or affiliated with or in any way related to aviation or aviation activities or operations; provided that liability for services performed or premises located at or on any airfield, airport or aviation facility not directly FMIT CA 1015 Page 11 of 20 related to aviation activities or operations, and not covered by any other liability insurance, shall not be excluded from coverage by this exclusion; G. any claim for bodily injury, property damage (including the loss of use thereof), personal injury or advertising injury caused by, contributed to or arising out of the actual or threatened discharge, dispersal, disposal, leaching, migration, seepage, release, or escape of pollutants and/or contaminates into or upon the land, the atmosphere or any course or body of water, whether above or below ground. However, this exclusion does not apply to bodily injury or property damage arising out of heat, smoke orfumes from a hostile fire. As used in this exclusion, a hostile fire means one which bums outside the area intended to be or which becomes uncontrollable. H. any damages arising out of the ingestion, inhalation or absorption of lead in any form. Any loss, cost or expense arising out of any: 1. request, demand or order that any "Member" or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of lead; or 2. claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead. I. any damages from the process of continued surface and/or subsurface degradation and deterioration of lead based paint that has been applied to any surface of any building whether considered commercial or residential. J. to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion and revolution, or to any act or condition incident to any of the foregoing; K. to any obligation for which any Member or any carrier as it's insurer may be held liable under any social security, workers compensation, employers liability, unemployment compensation or disability benefits law, or under any similar law including any claims under the Americans with Disabilities Act; L. to bodily injury to any employee of the Designated Member arising out of and in the course of his or her employment by the Designated Member or to any obligation of a Member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the Designated Member under an incidental contract. This exclusion shall include any liability incurred by a Member as a result of an alleged wrongful employment practice; M. to property damage to property owned or occupied by, leased, or rented to a Member; N. to property damage to premises alienated by the Member arising out of such premises or any part thereof; O. to loss of use of tangible property which has not been physically injured or destroyed resulting from a delay in lack of performance by or on behalf of the Member of any contract or agreement; P. to property damage to the Member's products arising out of such products or any part of such products; to property damage to work performed by or on behalf of the Member arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith, and to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the Member's products or work completed by or for WIT CA 1015 Page 12 of 20 the Member or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; Q. to any liability from the Members completed operations arising out of: 1. loss of sales, customers or profits suffered by a person or entity affected by the actions of the Member or its agents including any damages sustained by such person or entities by virtue of a business interruption; or 2. loss resulting from theft of any property which at the time of loss is not an integral part of a building or structure including direct loss by pillage and looting occurring during and at the immediate place of a riot or civil commotion; R. to any liability arising in whole, or in part out of: 1. any act or omission of a Member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property; 2. any Member obtaining remuneration or financial gain to which the Member was not legally entitled; 3. the willful violation of any federal, state or local law, ordinance or regulation committed by or with the knowledge or consent of any Member; or 4. violation of public trust; to any liability arising out of or in any way connected with a physical taking of property or any diminution of access to property, by whatever means or whatever name called, the operation of the principals of eminent domain, condemnation, proceedings, inverse condemnation or takings law, whether permanent or temporary, including but not limited to, claims arising out of federal, state or local land use, environmental, air, ground or water pollution, or health, safety and welfare laws, ordinances or regulations, claims arising from Chapter 70, Florida Statutes, known as the Bert J. Hams, Jr. Private Property Rights Protection Act, as may be amended from time to time, or claims arising from activities by or on behalf of a Member which result in permanent or temporary loss of use or value of private property, whether such liability accrues directly against the Member, or by virtue of any agreement entered into by or on behalf of the Member; T. to any liability for injury, sickness, disease, death or destruction due to the rendering of or failure to render any professional service by any doctor, surgeon, dentist, nurse, physician's assistant, paramedic, emergency medical technician or other medical professional of a Designated Member; U. to any liability arising out of or in connection with or caused or contributed to by any failure or inability to supply, in whole or in part, any adequate quantity or quality of power, steam, pressure, water or fuel. Fuel includes, but is not limited to natural gas, heating dl and propane; V. to any liability arising out of or caused or contributed to by or connected with any actual or alleged violation of the Employee Retirement Income Security Act of 1974 (Public Law 93- 406) or any amendment thereto or any similar provision of any local, state or federal law, statutory or common; W. to any liability as a result of flood or any liability as a result of water overflow damage, including flooding, caused or contributed to by any failure, breakage, inadequacy, maintenance of and/or design of any natural or man-made structure, including but not limited to: any dam, dyke, levee, reservoir, water barrier, ditches, canals, gate, aqueduct, water shed, channel or culveft;; FMIT CA 1015 Page 13 of 20 X. to any liability for fines, punitive or exemplary damages; or any non compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti- discrimination, or racketeer influence and corrupt organization (RICO) laws; to any damages imposed by special act of the Legislature; Z. to any "bodily injury" or "property damage. with respect to which a "Member" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the 'Member' is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. a. under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties' of "nuclear material" and arising out of the operation of a 'nuclear facility" by any person or organization. b. under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties' of "nuclear material' 9- (1) the "nuclear material" (a) is at any "nuclear facility' owned by, or operated by or on behalf of, a "Member" or (b) has been discharged or dispersed therefrom; (2) the "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed or, by or on behalf of a "Member"; or (3) the "bodily injury" or "property damage" arises out of the furnishing by a "Member" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility,' but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. as used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or 'by- product material". "Source material', "special nuclear material', and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. FMIT CA 1015 Page 14 of 20 "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facilW. "Nuclear facility" means: a. any "nuclear reactor"; b. any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; C. any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "Member" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235: or d. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted onsuch site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. AA. to personal injury arising out of any publication or utterance described in sub -paragraph W 3 of the definition of Personal Injury contained in the Definition section of this Agreement (a) if the first injurious publication or utterance of the same or similar material by or on behalf of the Designated Member was made prior to the effective date of this coverage; (b) concerning any organization or business enterprise, or its products or services, made by or at the direction of any Member with knowledge of the falsity thereof; BB. to any liability arising out of errors and omissions as defined herein; CC. to bodily injury or property damage for which the Designated Member or his indemnitee may be held liable: 1. as an entity or organization engaged in manufacturing, distributing, selling, furnishing or serving alcoholic beverages; or 2. if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed a. by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverages; or FMIT CA 1015 Page 15 of 20 b. by reason of the selling, serving, furnishing or giving of any alcoholic beverage to a person who is not of legal drinking age, habitually addicted to the use of any or all alcoholic beverages, to a person under the influence of alcohol or which causes or contributes to the intoxication of any person. 3. causing or contributing to the intoxication of any person. This exclusion does not apply and coverage is afforded under the Agreement for bodily injury or property damage claims or liability resulting from the providing or serving of alcoholic beverages without charge to the public at functions incidental to a Designated Members business or activity otherwise covered under the Agreement or any endorsement to the Agreement; DD. to any claim, demand or action seeking injunctive, declaratory, writ of mandamus, or any other non -monetary relief against a Designated Member or any of its agents; EE. to any liability arising out of any actual or alleged sexual action, sexual abuse or communicable disease. However, this exclusion does not apply and coverage is afforded under this Agreement to bodily injury or personal injury liability which may accrue against the Designated Member as defined within the Definition section; FF. to any liability for injury, loss or damage sustained by any person or entities arising from or in anyway involving asbestos or other products containing asbestos or to asbestosis or any other disease including mesothelioma and cancer related to asbestos exposure nor any liability for costs or expenses incurred in removing, cleaning up or nullifying such asbestos product; It is understood and agreed that the intent and effect of this exclusion is to delete from all coverages afforded by this Agreement any loss, cost, or expense arising out of any governmental direction, order or request that the Member test for, monitor, cleanup, remove, contain, beat, detoxify or neutralize asbestos or asbestos products. GG. to any liability arising out of errors and omissions as defined herein or other negligent or wrongful act committed in the administration of any employee benefits program as defined herein, for present orformer employees of the Designated Member; HH. to any liability arising out of or caused by or contributed to or connected with alleged violation of the following: 1. Federal Fair Labor Standards Act. 2. Chapter 447, Florida Statutes. 3. Drivers Privacy Protection Act of 1994 4. National Labor Relations Act. 5. Worker Adjustment and Retraining Notification Act. 6. Consolidated Omnibus Budget Reconciliation Act of 1985. 7. Occupational Safety and Health Act. 8. Federal Employers Liability Act 9. Longshoreman's and Harbor Workers' Act 10. Employee Polygraph Protection Act 11. Defense Base Act 12. Outer Continental Shelf Lands Act It. any claim requesting return or reimbursement of a special assessment, tax, service charge, fine or fee or any other payment or overpayment to the Designated Member or Member, FMIT CA 1015 Page 16 of 20 JJ. to any claim for attorneys fees or costs for any action not covered by this Agreement; KK. to any damages which accrued or occurred prior to the effective date of this Agreement notwithstanding the date of the occurrence; LL. advertising injury arising out of: 1. Failure of performance of contract, but this exclusion does not apply to the unauthorized appropriation of ideas upon alleged breach of implied contract, or 2. Infringement of trademark, service mark, or trade name, other than titles or slogans, by use thereof or in connection with goods, products or services sold, offered for sale, or advertised, or 3. Incorrect description or mistake in advertising price of goods, products or services sold, offered for sale or advertised. Also, with respect to advertising injury: 1. to any Member in the business of advertising, broadcasting, or telecasting, or 2. to any injury arising out of any act committed by the Member with actual malice. MM. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of: 1. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: a. any of the following, whether belonging to any insured or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or b. any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. 2. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a above. NN. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, for which any Designated Member or Member under this Agreement may be held liable arising out of the actual or threatened occurrence, growth, release, transmission, migration, dispersal or exposure to any micro-organisms, biological organisms, bioaerosols or organic containments, including but not limited to mold, spores and/or fungus, 1. resulting from any actual or threatened exposure to, inhalation, absorption or ingestion of, or physical contact with mold, spores and/or fungus; 2. resulting from any actual or threatened mold, spores, and/or fungus upon any real property or personal property, product or work, premises, site or location, or any other tangible property, or any Designated Member or Member or any other person(s) or organization(s), located anywhere in the world; 3. resulting from any loss, cost or expense for any testing, monitoring, clean-up, treatment or removal, or neutralization of mold, spores and/or fungus; 00. A. to "any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism" or an "other act of terrorism". However, with respect to an "other act of FMIT CA 1015 Page 17 of 20 terrorism", this exclusion applies only when one or more of the following are attributed to such act: the total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 2. fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. physical injury that involves a substantial risk of death; or b. protracted and obvious physical disfigurement; or C. protracted loss of or impairment of the function of a bodily Member or organ; or 3. the terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 4. the terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 5. pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. the following definitions are added 1. for the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury"," injury" or "environmental damage" as may be defined in any applicable Coverage Part. 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a "certified act of terrorism": a. The act resulted in aggregate losses in excess of $5 million; and b. The act is a violent act or an act that is dangerous to human life, property or infra -structure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the FMIT CA 1015 Page 18 of 20 United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. 'Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act of 2002. Multiple incidents of an "other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a 'certified act of terrorism" or an "other act of terrorism" that is not subject to this exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. PP, to bodily injury, personal injury or any liability arising from the Designated Member's law enforcement activities. As used herein, and subject to all other terms and conditions required under this Agreement, law enforcement activities means those activities by Members, arising within the course and scope of lawful conduct authorized by the Designated Member's police department or other law enforcement agency. QQ. to any alleged violation of public records laws or public meetings laws contained in Chapter 119, Florida Statutes or Chapter 286, Florida Statutes, as both may be amended from time to time. HERBICIDEIPESTICIDE COVERAGE The Trust will pay for bodily injury or property damage caused directly by contact with herbicides or pesticides sprayed by the Member into the air. This coverage extension does not apply to bodily injury or property damage as described in Exclusion G of the Florida Municipal Insurance Trust Coverage Agreement. The limit of liability under this coverage extension is the amount of liability described in the General/Professional liability section of the Declaration Page or $1,000,000 aggregate per fund year, whichever is the lesser amount, subject to any deductiblelself insured retention described on the Declarations Page. OTHER INSURANCE The coverage afforded by this Agreement is primary, except when stated to apply in excess of or contingent upon the absence of other insurance. When this coverage is primary and the Member has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Trust's liability under this Agreement shall not be reduced by the existence of such other insurance. If all other valid and collectible insurance provides for contribution by equal shares, the Trust shall not be liable for a greater proportion of such loss than would be payable if each party contributes an equal share until the share of each party equals the lowest applicable limit of liability under any one policy or coverage agreement or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining parties then continue to contribute equal shares of the remaining amount of the loss until each such party has paid its limit in full or the full amount of the loss is paid. FMIT CA 1015 Page 19 of 20 If any such other insurance does not provide for contribution by equal shares, the Trust shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of all valid and collectible insurance against such lass. FMIT CA 1015 Page 20 of 20 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY BROAD FORM PROPERTY DAMAGE ENDORSEMENT I. The Coverage Agreement is amended to include the following additional coverage: A. Exclusion M is deleted; B. Coverage is provided for property damage to property occupied, used by or rented to the Designated Member, C. Property damaged while in the care, custody and control of the Member and for which the Member is exercising direct physical control; D. Damage to property for which work has been performed by the employees of the Designated Member arising out of the work performed or any portion thereof, or out of materials, parts or equipment that is furnished by the Designated Member; and E. Property that is loaned to the Designated Member and the Member is exercising direct physical control over that property. II. The most we will pay for loss under this coverage is a maximum of $500,000.00 in any Trust year commencing with the effective date of this coverage. FMIT BFPD 1010 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY EXTRA CONTRACTUAL LEGAL EXPENSE COVERAGE ENDORSEMENT ADMINISTRATIVE PROCEEDINGS The Coverage Agreement is amended to include the following additional coverages: A. The Trust will reimburse the Designated Member fifty percent (50%) of the Legal Fees it paid an Attorney up to a maximum of twenty-five thousand dollars ($25,000) per Covered Action, up to one hundred thousand dollars ($100,000) in the aggregate for the coverage year, when such fees are incurred by any of the Designated Member's Public Officers and paid by the Designated Member in regard to a Covered Action that alleged wrongdoing of the Public Officers. This coverage is subject to the following conditions: 1. Coverage for the Covered Action does not arise elsewhere in the Agreement nor is it excluded by any provisions of the Agreement, 2. The Public Officer's conduct that gave rise to the Covered Action occurred while he or she was lawfully acting in his or her Official Capacity; 3. Coverage is specifically excluded for any Covered Action occurring outside the effective dates of this endorsement; 4. This coverage shall exclude reimbursement for any fines or penalties against the Public Officer resulting from a Covered Action. Additionally, the Trust will not reimburse the Designated Member's Legal Fees if the Public Officer is found to have breached the public trust, is otherwise found to have committed the violations alleged in the Covered Action; or voluntarily enters a negotiated settlement with the governing administrative tribunal under which the Public Officer is sanctioned in any form for wrongdoing; and 5. The Designated Member provides the Trust such documentation as is reasonably required to substantiate the Legal Fees incurred by the Public Officer and paid by the Designated Member. IL The Definitions Section of the Agreement is amended to include the following additional definitions which shall apply exclusively to this endorsement: "Attorney" means a person admitted by the Supreme Court of Florida to practice law in Florida and who is a Member in good standing of The Florida Bar. "Attorney" excludes the Member's city attorney or customary chief legal adviser. "Covered Action" means an administrative proceeding before the Florida Public Employees Relation Commission, the State of Florida Commission on Human Relations, the Federal Equal Employment Opportunity Commission, any ethics proceeding before the State of Florida Commission on Ethics or an ethics proceeding before any local ethics commission created by charter or ordinance which has jurisdiction over the alleged misconduct. Covered Action shall include related appeals arising from any of the underlying administrative proceedings described herein. "Ethics Proceeding" means any proceeding designed to dispose of an ethics complaint initiated in the State of Florida Commission on Ethics or initiated in any local ethics FMIT ECLE 1015 Page 1 of 2 commission created by charter or ordinance, alleging a Public Officer or group of Public Officers committed a breach of public trust, but excluding any portion of such proceeding prior to the issuance of an initial Determination of Investigative Jurisdiction and Order to Investigate by the Florida Commission an Ethics or the equivalent thereof by a local ethics commission. "Legal Fees" means the reasonable and related fees and costs charged to a public officer by an Attorney engaged in the practice of law. "Official Capacity" means the capacity of a Public Officer while lawfully acting for or on behalf of the Designated Member, or while lawfully acting in aid of the duties or functions which come within the scope of the Public Officer's office or employment. "Public Officer" means any officer or employee of the Designated Member that satisfies the definition of 'local officer" under §112.3145(1)(a), Florida Statutes, including but not limited to: anyone elected to any political subdivision of Florida or appointed to fill an elected office vacancy; any appointed Member of any boards, councils, commissions, authorities, or other bodies of any county, municipal, school district, independent special district or other political subdivision of Florida; Members of expressway and transportation authority boards; code enforcement boards; boards with power to create or modify land planning or zoning requirements within a political subdivision (excluding citizen advisory committees, technical coordinating committees, and such other planning and zoning groups who only have the power to make recommendations to planning or zoning boards); pension boards; any local board that has a self-imposed requirement to file full or limited public disclosure of financial interests; a mayor; a city manager or other chief administrative officer of a city, officers and officials of companies that contractually serve as chief city administrators of a city; a city attorney; a chief building inspector; an environmental or pollution control director; an administrator with power to grant or deny a land development permit; a city clerk; and a purchasing agent with authority to make purchases in excess of $20,000. FMIT ECLE 1015 Page 2 of 2 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY FIRE LEGAL LIABILITY ENDORSEMENT FIRE LEGAL LIABILITY — REAL PROPERTY The Trust will pay for property damage to buildings, or parts thereof, which you rent from another, or which are loaned to you, if the property damage is caused by fire for which you are legally liable. Buildings include fixtures permanently attached thereto. All of the exclusions otherwise applicable to property damage do not apply to this coverage. However, the Trust does not cover: 1. liability arising under any contract or agreement to indemnify any person or organization for damage by fire to the premises; or 2. liability arising out of property damage a. which is expected by, directed by, or intended by the insured; or b that is the result of intentional or malicious acts of the insured. 3, the limit of property damage liability as respects this Fire Legal Liability Coverage — Real Property is $500,000 each occurrence unless otherwise slated in the schedule of this endorsement. 4. The Fire Legal Liability Coverage — Real Property shall be excess over any valid and collectible property insurance (including any deductible portion thereof), available to the Member, such as, but not limit to, Fire, Extended Coverage, Builders' Risk Coverage or Installation Risk Coverage, and the "Other Insurance" Condition of the Agreement is amended accordingly. FMIT FLL 1012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY MEDICAL ATTENDANTSWEDICAL DIRECTORS' MALPRACTICE LIABILITY The Coverage Agreement is amended to include the following additional coverage A. It is agreed that the Trust will pay on behalf of the Member all sums which the Member becomes legally obligated to pay as damages because of injury to any person arising out of the rendering or failure to render, during the period of this Agreement, professional services by one of the Designated Member's Medical Attendants and Medical Director designated pursuant to Section 401.265, Florida Statutes. The Trust shall have the right and duty to defend any suit against the Member seeking such damages, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and such settlement of any claim or suit as it deems expedient, but the Trust shall not be obligated to pay any claim or any judgment or to defend any suit after the applicable limit of the Trust's liabilityhas been exhausted by payment of judgments or settlements. II. EXCLUSIONS This coverage does not apply to: A. Any dishonest, fraudulent, criminal or malicious act or omissions of the Member, any partner or employee, any intentional misconduct or intentional act; B. Liability of the Designated Member as an employer of others or as the proprietor, superintendent or executive officer of any hospital, sanitarium, clinic with bed and board facilities, or other business enterprise; C. To professional services rendered by physicians and/or nurses; however, this exclusion does not apply to a Medical Director designated pursuant to Section 401.265, Florida Statutes, when said Director is acting within the scope and in furtherance of the duties of the Medical Director as outlined in Section 401.265, Florida Statutes. D. To any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. Any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) Any of the following, whether belonging to any insured or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) Any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. FMIT MA 1007 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY ERRORS AND OMISSIONS LIABILITY ENDORSEMENT This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to liability for Public Officials Errors and Omissions as set forth below: It is agreed that as of the effective date hereof, the Agreement is amended in the following particulars: The Coverage Agreement is amended to include the following additional coverage: The Trust will pay all sums a Member becomes legally obligated to pay to any person other than the Member by reason of "Errors and Omissions" as defined in the agreement committed by a Member acting in his official capacity which takes place during the period of this Agreement, subject to all terms, conditions, exclusions and limits of liability of the Agreement and this endorsement. III. The Definition Section is amended to include the following additional definitions which shall apply exclusively to this endorsement. A. Member for purposes of coverage under this endorsement shall not include any of the following individuals, boards, commissions, authorities, units or administrative departments or agencies of: 1. Schools 2 Airports 3. Hospitals Official Capacity means the capacity of a Member while lawfully acting for or on behalf of the Designated Member, or while lawfully acting in aid of the duties or functions which come within the scope of the Members employment by the Designated Member. IV The Exclusion Section of the Agreement is amended as follows for this endorsement: A. Exclusion L of the Agreement is amended to read: to bodily injury to any employee of the Designated Member arising out of and in the course of employment by the Designated Member or to any obligation of a Member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the Designated Member under an incidental contract. B. Exclusion BB of the Agreement is deleted. C. The following additional exclusions are included for purposes of this endorsement. This endorsement does not apply to any liability arising out of the following: based upon or attributable to any Member gaining in fact any profit or advantage to which such Member was not legally entitled, including remuneration paid in violation of law as determined by the courts; FMIT EO 1015 Page 1 of 5 2. brought about or contributed to by fraud, dishonesty, or bad faith of a Member; however, notwithstanding the foregoing, the Member shall be protected under the terms of this Agreement as to any claims upon which suit may be brought against them by reason or any alleged fraud or dishonesty on the part of any Member, unless a judgment or other final adjudication thereof adverse to such Member shall establish that acts of active or deliberate dishonesty or fraud committed by such Member was material to the cause of action so adjudicated; 3. to any (a) liability arising out of estimates of probable costs or cost estimates being exceeded or faulty preparation of bid specifications, or plans, or (b) injury to, destruction or disappearance of any tangible property (including money) or the loss of use thereof; 4. any claim demand or action seeking relief, or redress, in any form other than money damages, and any costs, fees, expenses or attorneys' fees relating to such claims; 5. to any obligation for which a Member becomes obligated to pay future wages as a result of any alleged wrongful employment practice liability or employee benefits program liability. B. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) any of the following, whether belonging to any Member or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or aclualproblems described in paragraph a. above. 7. any liability for fines, punitive or exemplary damages; or any non - compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti -discrimination, or racketeer influence and corrupt organization (RICO) laws; B. any claim requesting return or reimbursement of a special assessment, tax, service charge, fine or fee or any other payment or overpayment to the Designated Member or Member; V. Under this endorsement, coverage is provided for any violation of Constitutional Rights of any person which creates a cause of action for damages by or on behalf of any such person under any one or more of the following Civil Rights Statutes: United States Code, Title 42, Section 1982 United States Cade, Title 42, Section 1983 United States Code, Title 42, Section 1985 United States Code, Title 42, Section 1986 United States Code, Title 42, Section 12101 (ADA) FMIT EO 1015 Page 2 of 5 United States Code, Title 29, Section 2601, at. seq. (FMLA) Civil Rights Act of 1991 VI. Coverage afforded by this endorsement is extended to include claims filed against a Designated Member or Member for wrongful Employment Practices, including claims arising before the Florida Public Employees Relation Commission, the State of Florida Commission on Human Relations and the Federal Equal Employment Opportunity Commission, subject to the terms, conditions and exclusions of this endorsement and the terms, conditions and exclusions of the agreement. FMIT EO 1015 Page 3 of 5 EMPLOYEE BENEFITS -PROGRAM ADMINISTRATION LIABILITY ENDORSEMENT The endorsement issued by the Trust extends and modifies the provision of the Agreement relating to liability for the administration of employee benefits programs as set forth below: The Coverage Agreement is amended to include the following additional coverage: The Trust will pay all sums a Member becomes legally obligated to pay by reason of "Errors and Omissions" as defined in the Agreement, or other negligent act, committed in the administration of the Designated Members' Employee Benefits Program for present or former employees, which take place during the period of this Agreement, subject to the leans, conditions, exclusions and limits of liability of the Agreement and this endorsement. II. The Definition Section is amended to include the following additional definitions which shall apply exclusively to this endorsement: A. 'Member" in this endorsement means only the Designated Member and individuals serving on boards or commissions for the purpose of administering any 'Employee Benefits Program," acting within the scope of their authority by or on behalf of the Designated Member except as excluded herein. B. "Administration", wherever used, in this endorsement shall mean: 1. Giving counsel to employees, dependants and beneficiaries with respect to any "Employee Benefit Programs`, 2. Interpreting any "Employee Benefit Program"; 3. Handling of records in connection with any "Employee Benefit Program"; 4. Effecting enrollment, termination or cancellation of employees under the 'Employee Benefit Program"; provided all such acts are authorized by the "Designated Member". III. The Exclusions Section of the Agreement is amended as follows for this endorsement: A. Exclusion GG is deleted. B. The following additional exclusions are included for purposes of this endorsement only; and this endorsement does not apply to claims for liability as to any Member arising out of the following: 1. As a result of dishonest, intentionally fraudulent, criminal or malicious acts or omissions of any Member, however, this exclusion shall not apply to any Member who did not: a) Personally participate in committing any such act or omission; or b) Remain passive after having personal knowledge of any such act or omission. 2. As a result of an intentional violation of any Workers' Compensation, Unemployment Insurance, Social Security or Disability Benefits law or administrative interpretation of such laws. 3. As a result of the failure to provide benefits because said benefits are not propedy funded or the Trust's failure to comply with the terms of its contract. 4. As a result of advice given to any employee to participate or not to participate in any Stock Subscription, Individual Retirement Account, or Salary Reduction Plan. FMIT EO 1015 Page 4 of 5 5. As a result of the investment or non -investment of employee benefit funds. 6. As a result of the failure of any investment to perform as predicted or expected by a Member. 7. As a result of the termination or failure of any employee benefit plan. 8. As a result of fines, taxes or penalties imposed by law or other matters for which coverage may not be available under law. 9. To any Bodily Injury Liability, Properly Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. Any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) any of the following, whether belonging to any Member or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. 10. To any claim which results from an activity, act or omission of a third party administrator, a firm or person, other than an employee of the Designated Member, who administers the Designated Member's employee benefit program. 11. To any claim for benefits that are lawfully paid or payable to a beneficiary from the funds of an "Employee Benefit Program". 12. To any claim that results from not having adequate insurance or bonds to protect the assets of an 'Employee Benefit Program". 13. Based upon changes in the ultimate cost or level any benefit program available to any Employee of the Designated Member or changes made to any benefit program resulting from efforts of the Designated Member to comply with any tax laws or other laws which result in changes to the benefits available to any Employee of the Designated Member. WIT EO 1015 Page 5 of 5 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY LAW ENFORCEMENT LIABILITY ENDORSEMENT This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to Law Enforcement Liability as set forth below: It is agreed that as of the effective date hereof the Agreement is amended in the following particulars: Exclusion PP. is deleted. II. This Agreement will provide coverage for bodily injury or personal injury arising out of the course and scope of the Designated Member's law enforcement activities. As used herein, and subject to all other terms and conditions required under this Agreement, law enforcement activities means those activities by Members, arising within the course and scope of lawful conduct authorized by the Designated Member's police department or other law enforcement agency. FMIT LE 1014 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY INVERSE CONDEMNATION and BERT J. HARRIS JR. PRIVATE PROPERTY RIGHTS PROTECTION ACT I. The Coverage Agreement is amended as follows: A. Exclusion 5 shall not apply to the following extent: Any liability arising from a claim or suit alleging inverse condemnation by the Designated Member and/or alleging a cause of action under §§70.001 or 70.45 Florida Statutes, of the Bert J. Hams, Jr. Private Property Rights Protection Act, as may be amended from time to time. B. Inverse Condemnation and Bert J. Harris Jr. Private Property Rights Act Sub -limit: To the extent Exclusion S does not apply as provided above, the applicable Limit of Liability for any claim or suit covered under this endorsement shall be $300,000 aggregate per fund year, subject to a deductible of $5,000 per occurrence or any other deductible or self- insured retention amount described on the Designated Member's Declarations Page, whichever is greater. The expenses incurred by the Trust to investigate, settle or defend any claim or suit covered under this endorsement shall reduce the applicable Limit of Liability provided above. FMIT IC BH 1015 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SPECIFIC EXCESS ENDORSEMENT - GENERAL LIABILITY This endorsement, when issued by the Florida Municipal Insurance Trust, does not in any way modify the provisions of the Coverage Agreement. It does extend the monetary limits of liability, as stated in the Limits of Liability in the Declarations, as set forth below: It is agreed that the specific limits of liability are $ 5.000.000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5) Florida Statutes or -liability imposed pursuant to Federal Law, or to any liability resulting from actions taken outside of the State of Florida where it is determined by a court of competent jurisdiction that the liability limitations contained in Section 768.28(5), Florida Statutes, are inapplicable, if such liability is covered by the Agreement. The limits provided herein are inclusive of the $200,000 each person and $300,000 each occurrence liability limitations contained in Section 768.28 (5), Florida Statutes, but in no way exceed $ 5.000.000 (combined single limit) per occurrence. Exclusion Y is amended as follows: To any damages imposed by an act of the legislature, except for claims bills passed by the legislature pursuant to Section 768.28(5), Florida Statutes, against a member, for damages covered under the terms of this Agreement. FMIT SE GL 1012 Page 1 of 1 INFORMATION SECURITY & PRIVACY INSURANCE WITH ELECTRONIC MEDIA LIABILITY COVERAGE This Agreement only affords coverage under those insuring agreements below that are indicated as purchased as shown in the Declarations. The Trust agrees with the Member, set forth in Item 1. of the Declarations made a part hereof, in consideration of the payment of the premium and reliance upon the statements in the Application to this Insurance Agreement (hereinafter referred to as the "Agreement" or "Insurance") and subject to all the provisions, terms and conditions of this Agreement: INSURING AGREEMENTS A. Information Security & Privacy Liability To pay on behalf of the Member: Damages and Claims Expenses, in excess of the Retention, which the Member shall become legally obligated to pay because of any Claim, including a Claim for violation of a Privacy Law, first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X of this Agreement, for: 1. theft, loss, or Unauthorized Disclosure of Personally Identifiable Non -Public Information or Third Party Corporate Information that is in the care, custody or control of the Member Organization, or a third party for whose theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information or Third Party Corporate Information the Member Organization is legally liable (a third party shall include a Business Associate as defined by the Health Insurance Portability and Accountability Act ("HIPAA")), provided such theft, loss or Unauthorized Disclosure first takes place on or after the Retroactive Date and before the end of the Agreement Period; 2. one or more of the following acts or incidents that directly result from a failure of Computer Security to prevent a Security Breach, provided that such act or incident first takes place on or after the Retroactive Date and before the end of the Agreement Period; (a) the alteration, corruption, destruction, deletion, or damage to a Data Asset stored on Computer Systems; (b) the failure to prevent transmission of Malicious Code from Computer Systems to Third Party Computer Systems; or (c) the participation by the Member Organization's Computer System In a Denial of Service Attack directed against a Third Party Computer System; 3. the Member Organization's failure to timely disclose an incident described in I.A.1. or I.A.2. above in violation of any Breach Notice Law; provided such incident giving rise to the Member Organization's obligation under a Breach Notice Law must first take place on or after the Retroactive Date and before the end of the Agreement Period; 4. failure by the Member to comply with that part of a Privacy Policy that specifically: (a) prohibits or restricts the Member Organization's disclosure, sharing or selling of a person's Personally Identifiable Non -Public Information; FMIT PNL 1012 Page 1 of 21 (b) requires the Member Organization to provide access to Personally Identifiable Non -Public Information or to correct incomplete or inaccurate Personally Identifiable Non -Public Information after a request is made by a person; or (c) mandates procedures and requirements to prevent the loss of Personally Identifiable Non -Public Information; provided the acts, errors or omissions that constitute such failure to comply with a Privacy Policy must first take place on or after the Retroactive Date and before the end of the Agreement Period, and the Member Organization must, at the time of such acts, errors or omissions, have in force a Privacy Policy that addresses those subsections above that are relevant to such Claim; or 5. failure by the Member to administer (a) an Identity theft prevention program required by regulations and guidelines promulgated pursuant to 15 U.S.C. §1661m (e), as amended, or (b) an information disposal program required by regulations and guidelines promulgated pursuant to 15 U.S.C. §1661W, as amended; provided the acts, errors or omissions that constitute such failure must first take place on or after the Retroactive Date and before the end of the Agreement Period. B. Privacy Notification Costs To pay the Member for: Privacy Notification Costs, in excess of the Retention and incurred by the Member Organization with the Trust's prior written consent, resulting from the Member Organization's legal obligation to comply with a Breach Notice Law because of an incident (or reasonably suspected incident) described In Insuring Agreement I.A.I. or I.A.2. that first takes place on or after the Retroactive Date and before the end of the Agreement Period, is discovered by the Member during the Agreement Period, and is reported to the Trust during the Agreement Period or as otherwise provided in Clause X of this Agreement Privacy Notification Costs means the following reasonable and necessary costs incurred by the Member Organization within one (1) year of the reporting of the incident or suspected incident to the Trust: (a) To hire a computer security expert to determine the existence and cause of any electronic data breach resulting in an actual or reasonably suspected theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information which may require the Member Organization to comply with a Breach Notice Law and to determine the extent to which such information was accessed by an unauthorized person or persons; (b) For a PCI Forensic Investigator that is approved by the PCI Security Standards Council and is retained by the Member Organization in order to comply with the terms of a Merchant Services Agreement to investigate the existence and extent of an actual or suspected compromise of credit card data; and at the Trust's discretion, where a computer security expert has not been retained under Insuring Agreement I.B.1.(a), for a computer security expert to provide advice and oversight In connection with the investigation conducted by the PCI Forensic Investigator; FMIT PNL 1012 Page 2 of 21 (c) For fees charged by an attorney to determine the applicability of and actions necessary by the Member Organization to comply with Breach Notice Law due to an actual or reasonably suspected theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information and to advise the Member Organization in responding to credit card system operating regulation requirements for any actual or suspected compromise of credit card data that is required to be reported to the Member Organization's merchant bank under the terms of a Merchant Services Agreement, but this clause does not cover fees Incurred in any legal proceeding, arbitration or mediation, or any advice in responding to credit card system operating regulations after any assessment of PCI Fines and Costs; and (d) Up to USD 50,000 for a computer security expert to demonstrate the Member's ability to prevent a future electronic data breach as required by a Merchant Services Agreement; provided that amounts covered by (a), (b), (c) and (d) in this paragraph combined shall not exceed the amount set forth in the Declarations in the aggregate for the Agreement Period. 2. To provide notification (a) to individuals who are required to be notified by the Member Organization under the applicable Breach Notice Law; and (b) at the Trust's discretion, to individuals affected by an incident in which their Personally Identifiable Non -Public Information has been subject to theft, loss or unauthorized disclosure In a manner which compromises the security or privacy of such individual by posing a significant risk of financial, reputational or other harm to the individual; 3. To provide a call center to answer calls, from individuals to whom notice of an incident is provided pursuant to Insuring Agreement 1.8.2., during standard business hours for a period of up to ninety (90) days following notification (or longer if required by applicable law or regulation) of such incident Up to one hundred thousand United States dollars (USD 100,000) for the costs of a public relations consultancy, for the purpose of averting or mitigating material damage to the Member Organization's reputation, subject to twenty percent (20%) coinsurance, and. In connection with a credit file monitoring program, to be approved by the Trust, consisting of: (a) the offering of one (1) year of credit monitoring services to those individuals whose Personally Identifiable Non -Public Information was compromised or reasonably believed to be compromised as a result of theft, loss or Unauthorized Disclosure of information giving rise to the notification of such individuals pursuant to Insuring Agreement I.B.2.; and (b) mailing and other reasonable third party administrative costs associated with such a program; FMIT PNL 1012 Page 3 of 21 provided, all such costs payable under this subsection 5. must be for the purpose of mitigating potential Damages resulting from such incident. Privacy Notification Costs will only be paid in excess of the applicable Retention and shall not include any internal salary or overhead expenses of the Member Organization, C. Regulatory Defense and Penalties To pay on behalf of the Member: Claims Expenses and Penalties in excess of the Retention, which the Member shall become legally obligated to pay because of any Claim in the form of a Regulatory Proceeding, first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X. of this Agreement, resulting from a violation of a Privacy Law and caused by an incident described in Insuring Agreement I.A.1., I.A.2. or I.A.3, that first takes place on or after the Retroactive Date and before the end of the Agreement Period. D. Website Media Content Liability To pay on behalf of the Member: Damages and Claims Expenses, in excess of the Retention, which the Member shall become legally obligated to pay resulting from any Claim first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X of this Agreement, for one or more of the following acts first committed on or after the Retroactive Date and before the end of the Agreement Period in the course of Covered Media Activities: 1. defamation, libel, slander, trade libel, infliction of emotional distress, outrage, outrageous conduct, or other tort related to disparagement or harm to the reputation or character of any person or organization; 2. a violation of the rights of privacy of an individual, including false light and public disclosure of private facts; 3. invasion or interference with an individual's right of publicity, including commercial appropriation of name, persona, voice or likeness; 4. plagiarism, piracy, misappropriation of ideas under implied contract; 5. Infringement of copyright; 6. Infringement of domain name, trademark, trade name, trade dress, logo, title, metatag, or slogan, service mark, or service name; or 7. improper deep -linking or framing within electronic content. E. PCI Fines and Costs To indemnify the Member for PCI Fines and Costs, in excess of the Retention, which the Member shall become legally obligated to pay because of a Claim first made against any Member during the Agreement Period or Optional Extension Period (if applicable) and reported in writing to the Trust during the Agreement Period or as otherwise provided in Clause X. of this Agreement. Coverage under this Insuring Agreement is limited to the amount set forth in the Declarations, and the Trust shall have no duty to defend any Claim or pay Claims Expenses with respect to any Claim under this Insuring Agreement FMIT PNL 1012 Page 4 of 21 DEFENSE AND SETTLEMENT OF CLAIMS A. The Trust shall have the right and duty to defend, subject to all the provisions, terms and conditions of this Agreement: 1. any Claim against the Member seeking Damages which are payable under the terms of this Agreement, even if any of the allegations of the Claim are groundless, false or fraudulent; or 2. under Insuring Agreement I.C., any Claim in the form of a Regulatory Proceeding. B. With respect to any Claim against the Member seeking Damages or Penalties which are payable under the terms of this Agreement, the Trust will pay Claims Expenses incurred with their prior written consent. The Limit of Liability available to pay Damages, Penalties, or Privacy Notification Costs shall be reduced and may be completely exhausted by payment of Claims Expenses, Damages, Penalties, and Claims Expenses shall be applied against the Retention payable by the Member. C. If the Member shall refuse to consent to any settlement or compromise recommended by the Trust and acceptable to the claimant and elects to contest the Claim, the Trust's liability for any Damages, Penalties and Claims Expenses shall not exceed: the amount for which the Claim could have been settled, less the remaining Retention, plus the Claims Expenses incurred up to the time of such refusal; plus 2. fifty percent (50%) of any Claims Expenses incurred after the date such settlement or compromise was recommended to the Member plus Fifty percent (50%) of any Damages above the amount for which the Claim could have been settled. The remaining Fifty percent (50%) of such Claims Expenses and Damages must be bome by the Member at their own risk and uninsured; or the applicable Limit of Liability, whichever is less, and the Trust shall have the right to withdraw from the further defense thereof by tendering control of said defense to the Member. The portion of any proposed settlement or compromise that requires the Member to cease, limit or refrain from actual or alleged infringing or otherwise injurious activity or is attributable to future royalties or other amounts that are not Damages (or Penalties for Claims covered under Insuring Agreement I.C.) shall not be considered in determining the amount for which a Claim could have been settled. III. THE MEMBER AND THE MEMBER ORGANIZATION As used throughout this Agreement, whether expressed in singular or plural, "Member' shall mean'. A. The Member and any Subsidiaries of the Member (together the "Member Organization% B. A director, officer or Manager of the Member Organization, but only with respect to the performance of his or her duties as such on behalf of the Member Organization; C. An employee (including a part time or temporary employee) of the Member Organization, but only for work done while acting within the scope of his or her employment and related to the conduct of the Member Organization's business; FMIT PNL 1012 Page 5 of 21 D. A principal if the Member is a sole proprietorship, or a partner if the Member is a partnership, but only with respect to the performance of his or her duties as such on behalf of the Member Organization; E. Any person who previously qualified as an Member under III.B., III.C. or IIID. above prior to the termination of the required relationship with the Member Organization, but only with respect to the performance of his or her duties as such on behalf of the Member Organization; IV. TERRITORY V. This Agreement applies to Claims made, occurring in the United States of America Canada. EXCLUSIONS and acts, errors or omissions committed, or Loss , its territories and possessions, Puerto Rico and The coverage under this Agreement does not apply to any Claim or Loss: A. For, arising out of or resulting from Bodily Injury or Property Damage; B. For, arising out of or resulting from any employer-employee relations, policies, practices, acts or omissions, or any actual or alleged refusal to employ any person, or misconduct with respect to employees, whether such Claim is brought by an employee, former employee, applicant for employment, or relative or domestic partner of such person; provided, however, that this exclusion shall not apply to an otherwise covered Claim under Insuring Agreements I.A.1., I.A.2., or I.A.3. by a current or former employee of the Member Organization; or to the payment of Privacy Notification Costs involving current or former employees of the Member Organization; C. For, arising out of or resulting from any actual or alleged act, error or omission or breach of duty by any director, officer or Manager In the discharge of their duty If the Claim is brought by the Member, a Subsidiary, or any principals, directors, officers, Managers, stockholders, members or employees of the Member or a Subsidiary in his or her capacity as such; D. For, arising out of or resulting from any contractual liability or obligation, or arising out of or resulting from breach of contract or agreement either oral or written, provided, however, that this exclusion will not apply: 1. only with respect to the coverage provided by Insuring Agreement I.A.I., to any obligation of the Member Organization to maintain the confidentiality or security of Personally Identifiable Non -Public Information or of Third Party Corporate Information; 2. only with respect to Insuring Agreement LDA., for misappropriation of ideas under implied contract; or 3. to the extent the Member would have been liable in the absence of such contract or agreement; E. For, arising out of or resulting from any liability or obligation under a Merchant Services Agreement except this exclusion does not apply to PCI Fines and Costs covered under Insuring Agreement I.E., or to Privacy Notification Costs covered under Insuring Agreement I.B.A.; F. For, arising out of or resulting from any actual or alleged antitrust violation, restraint of trade, unfair competition, or false or deceptive or misleading advertising or violation of the Sherman Antitrust Act, the Clayton Act, or the Robinson-Patman Act, as amended; FMIT PNL 1012 Page 6 of 21 G. For, arising out of or resulting from any actual or alleged false, deceptive or unfair trade practices; however this exclusion does not apply to: 1. any Claim covered under Insuring Agreements I.A.1., I.A.2., I.A.3. or I.C.; or 2. any Claim that results from a theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information, provided that no member of the Control Group participated or is alleged to have participated or colluded in such theft, loss or Unauthorized Disclosure; H. For, arising out of or resulting from: 1. the actual or alleged unlawful collection or acquisition of Personally Identifiable Non -Public Information (except as otherwise covered under Insuring Agreement I.A.S.) or other personal information by, on behalf of, or with the consent or cooperation of the Member Organization; or the failure to comply with a legal requirement to provide individuals with the ability to assent to or withhold assent (e.g. opt -in or opt -out) from the collection, disclosure or use of Personally Identifiable Non -Public Information; provided, that this exclusion shall not apply to the actual or alleged unlawful collection or acquisition or retention of Personally Identifiable Non -Public Information by a third party committed without the knowledge of the Member Organization; or 2. the distribution of unsolicited email, direct mail, or facsimiles, wire tapping, eavesdropping, audio or video recording, or telemarketing, if such distribution, wire tapping or recording is done by or on behalf of the Member Organization; For, arising out of or resulting from any act, error, omission, incident, failure of Computer Security, or Security Breach committed or occurring prior to the inception date of this Agreement: 1. if any member of the Control Group on or before the Continuity Date knew or could have reasonably foreseen that such act, error, omission, incident, failure of Computer Security, or Security Breach might be expected to be the basis of a Claim or Loss; or 2. in respect of which any Member has given notice of a circumstance, which might lead to a Claim or Loss, to the Trust of any other Agreement in force prior to the inception date of this Agreement; J. For, arising out of or resulting from any related or continuing acts, errors, omissions, incidents or events where the first such act, error, omission, incident or event was committed or occurred prior to the Retroactive Date; K. For, arising out of or resulting from any of the following: 1. any actual or alleged violation of the Organized Crime Control Act of 1970 (commonly known as Racketeer Influenced and Corrupt Organizations Act or RICO), as amended, or any regulation promulgated there under or any similar federal law or legislation, or law or legislation of any state, province or other jurisdiction similar to the foregoing, whether such law is statutory, regulatory or common law; 2 any actual or alleged violation of any securities law, regulation or legislation, including but not limited to the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Act of 1940, any state or provincial blue sky or securities law, any other federal securities law or legislation, or any other similar law or legislation of any state, province or other jurisdiction, or any amendment to the above laws, or any violation of any order, ruling or regulation issued pursuant FMIT PNL 1012 Page 7 of 21 to the above laws; 3. any actual or alleged violation of the Fair Labor Standards Act of 1938, the National Labor Relations Act, the Worker Adjustment and Retraining Act of 1988, the Certified Omnibus Budget Reconciliation Act of 1985, the Occupational Safety and Health Act of 1970, any similar law or legislation of any state, province or other jurisdiction, or any amendment to the above law or legislation, or any violation of any order, ruling or regulation issued pursuant to the above laws or legislation; or 4. any actual or alleged discrimination of any kind Including but not limited to age, color, race, sex, creed, national origin, marital status, sexual preference, disability or pregnancy; However, this exclusion does not apply to any otherwise covered Claim under Insuring Agreements I.A.1, I.A.2, or I.A.3, or to paying Privacy Notification Costs covered under Insuring Agreement I.B., that results from a theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information, provided that no member of the Control Group participated, or is alleged to have participated or colluded, in such theft, loss or Unauthorized Disclosure, L. For, arising out of or resulting from any actual or alleged acts, errors, or omissions related to any of the Member Organization's pension, healthcare, welfare, profit sharing, mutual or Investment plans, funds or trusts, including any violation of any provision of the Employee Retirement Income Security Act of 1974 (ERISA) or any similar federal law or legislation, or similar law or legislation of any state, province or other jurisdiction, or any amendment to ERISA or any violation of any regulation, ruling or order issued pursuant to ERISA or such similar laws or legislation; however this exclusion does not apply to any otherwise covered Claim under Insuring Agreements I.A.1, I.A.2, or I.A.3, or to paying Privacy Notification Costs covered under Insuring Agreement I.B., that results from a theft, loss or Unauthorized Disclosure of Personally Identifiable Non -Public Information, provided that no member of the Control Group participated, or is alleged to have participated or colluded, in such theft, loss or Unauthorized Disclosure; M. Arising out of or resulting from any criminal, dishonest, fraudulent, or malicious act, error or omission, any intentional Security Breach, intentional violation of a Privacy Policy, or intentional or knowing violation of the law, if committed by such Member, or by others if the Member colluded or participated in any such conduct or activity; provided, this Agreement shall apply to Claims Expenses incurred in defending any such Claim alleging the foregoing until such time as there is a final adjudication, judgment, binding arbitration decision or conviction against the Member, or written admission by the Member, establishing such conduct, or a plea of nolo contendere or no contest regarding such conduct, at which time the Member shall reimburse the Trust for all Claims Expenses incurred defending the Claim and the Trust shall have no further liability for Claims Expenses; provided further, that whenever coverage under this Agreement would be excluded, suspended or lost because of this exclusion relating to acts or violations by any Member, and with respect to which any other Member did not personally commit or personally participate in committing or personally acquiesce in or remain passive after having personal knowledge thereof, then the Trust agree that such Insurance as would otherwise be afforded under this Agreement shall cover and be paid with respect to those Members who did not personally commit or personally participate in committing or personally acquiesce in or remain passive after having personal knowledge of one or more of the acts, errors or omissions described in above; however this exception to this exclusion is inapplicable to any Claim or circumstance that could reasonably be the basis of a Claim against the Member Organization arising from acts, errors or omissions known to any present or former member of the Control Group; FMIT PNL 1012 Page 8 of 21 N. For, arising out of or resulting from any actual or alleged: 1. Infringement of patent or patent rights or misuse or abuse of patent; 2. infringement of copyright arising from or related to software code or software products other than infringement resulting from a theft or Unauthorized Access or Use of software code try a person who is not a Related Party; 3. use or misappropriation of any ideas, trade secrets or Third Party Corporate Information (i) by, or on behalf of, the Member Organization, or (ii) by any other person or entity if such use or misappropriation is done with the knowledge, consent or acquiescence of a member of the Control Group; 4. disclosure, misuse or misappropriation of any ideas, trade secrets or confidential information that came into the possession of any person or entity prior to the date the person or entity became an employee, officer, director. Manager, principal, partner or Subsidiary of the Member Organization; or 5. under Insuring Agreement I.A.2., theft of or Unauthorized Disclosure of a Data Asset; O. For, in connection with or resulting from a Claim brought by or on behalf of the Federal Trade Commission, the Federal Communications Commission, or any other state, federal, local or foreign governmental entity, in such entity's regulatory or official capacity; provided, this exclusion shall not apply to an otherwise covered Claim under Insuring Agreement I.C., or to paying Privacy Notification Costs covered under Insuring Agreement I.B. to the extent such Privacy Notification Costs are incurred to provide services that are legally required to comply with a Breach Notice Law; P. For, arising out of or resulting from a Claim by or on behalf of one or more Members under this Agreement against any other Member or Members under this Agreement; provided, this exclusion shall not apply to an otherwise covered Claim under Insuring Agreements I.A1., I.A.Z. or I.A.3. made by a current or former employee of the Member Organization; O. For, arising out of or resulting from: 1. any Claim made by any business enterprise in which any Member has greater than a fifteen percent (15%) ownership Interest or made by any parent company or other entity which owns more than fifteen percent (15%) of the Member; or 2. any Member's activities as a trustee, partner, member. Manager, officer, director or employee of any employee trust, charitable organization, corporation, company or business other than that of the Member Organization; R. For, arising out of or resulting from any of the following: (1) trading losses, trading liabilities or change in value of accounts; any loss, transfer or theft of monies, securities or tangible property of others in the care, custody or control of the Member Organization; (2) the monetary value of any transactions or electronic fund transfers by or on behalf of the Member which is lost, diminished, or damaged during transfer from, into or between accounts; or (3) the value of coupons, price discounts, prizes, awards, or any other valuable consideration given in excess of the total contracted or expected amount; S. With respect to Insuring Agreements I.A., I.B., I.C. and I.E., any Claim or Loss for arising out of or resulting from the distribution, exhibition, performance, publication, display or broadcasting of content or material in: 1. broadcasts, by or on behalf of, or with the permission or direction of any Member, including but not limited to, television, motion picture, cable, satellite television and radio broadcasts; FMIT PNL 1012 Page 9 of 21 2. publications, by or on behalf of, or with the permission or direction of any Member, including, but not limited to, newspaper, newsletter, magazine, book and other literary form, monograph, brochure, directory, screen play, film script, playwright and video publications, and including content displayed on an Internet site; or 3. advertising by or on behalf of any Member; provided however this exclusion does not apply to the publication, distribution or display of the Member Organization's Privacy Policy; T. With respect to Insuring Agreement I.D., any Claim or Loss: 1. for, arising out of or resulting from the actual or alleged obligation to make licensing fee or royalty payments, including but limited to the amount or timeliness of such payments; 2. for, arising out of or resulting from any costs or expenses Incurred or to be incurred by the Member or others for the reprinting, reporting, recall, removal or disposal of any Media Material or any other information, content or media, including any media or products containing such Media Material, information, content or media; 3. brought by or on behalf of any intellectual property licensing bodies or organizations, including but not limited to, the American Society of Composers, Authors and Publishers, the Society of European Stage Authors and Composers or Broadcast Music, Inc.; 4. for, arising out of or resulting from the actual or alleged inaccurate, inadequate or Incomplete description of the price of goods, products or services, cost guarantees, cost representations, or contract price estimates, the authenticity or any goods, products or services, or the failure of any goods or services to conform with any represented quality or performance; 5. for, arising out of or resulting from any actual or alleged gambling, contest, lottery, promotional game or other game of chance; or 6. in connection with a Claim made by or on behalf of any independent contractor, joint venturer or venture partner arising out of or resulting from disputes over ownership of rights in Media Material or services provided by such independent contractor, joint venturer or venture partner; U. Arising out of or resulting from, directly or indirectly occasioned by, happening through or in consequence of: war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority; V. Either in whole or in part, directly or indirectly, arising out of or resulting from or in consequence of, or in any way involving: 1. asbestos, or any materials containing asbestos in whatever form or quantity; 2. the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, molds, spores or mycotoxins of any kind; any action taken by any party in response to the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of fungi, molds, spores or mycotoxins of any kind, such action to include investigating, testing for, detection EMIT PNL 1012 Page 10 of 21 of, monitoring of, treating, remediating or removing such fungi, molds, spores or mycotoxins; and any governmental or regulatory order, requirement, directive, mandate or decree that any party take action in response to the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of fungi, molds, spores or mycotoxins of any kind, such action to include investigating, testing for, detection of, monitoring of, treating, remediating or removing such fungi, molds, spores or mycotoxins; The Trust will have no duty or obligation to defend any Member with respect to any Claim or governmental or regulatory order, requirement, directive, mandate or decree which either in whole or in part, directly or indirectly, arises out of or results from or in consequence of, or in any way involves the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, molds, spores or mycotoxins of any kind; 3. the existence, emission or discharge of any electromagnetic field, electromagnetic radiation or electromagnetism that actually or allegedly affects the health, safety or condition of any person or the environment, or that affects the value, marketability, condition or use of any property; or 4. the actual, alleged or threatened discharge, dispersal, release or escape of Pollutants; or any governmental, judicial or regulatory directive or request that the Member or anyone acting under the direction or control of the Member test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant Including gas, acids, alkalis, chemicals, heat, smoke, vapor, soot, fumes or waste. Waste includes but is not limited to materials to be recycled, reconditioned or reclaimed. VI. DEFINITIONS Application means all applications, including any attachments thereto, and all other information and materials submitted by or on behalf of the Member to the Trust in connection with the underwriting of this Agreement, or prior Agreements of which this Agreement is a renewal thereof. B. Bodily Injury means physical injury, sickness, disease or death of any person, including any mental anguish or emotional distress resulting there from. C. Breach Notice Law means any United States federal, state or territory statute or regulation that requires notice to persons whose Personally Identifiable Non -Public Information was accessed or reasonably may have been accessed by an unauthorized person. Breach Notice Law also means a foreign statute or regulation that requires notice to persons whose Personally Identifiable Non -Public Information was accessed or reasonably may have been accessed by an unauthorized person; however, the credit monitoring program provided by Insuring Agreement I.B.S. shall not apply to persons notified pursuant to any such foreign statute or regulation. D. Claim means: 1. a written demand received by any Member for money or services, including the service of a suit or institution of regulatory or arbitration proceedings; 2. with respect to coverage provided under Insuring Agreement I.C. only, institution of a Regulatory Proceeding against any Member; and FMIT PNL 1012 Page 11 of 21 3. a written request or agreement to toll or waive a statute of limitations relating to a potential Claim described in paragraph 1. above. Multiple Claims arising from the same or a series of related or repeated acts, errors, or omissions, or from any continuing acts, errors, omissions, or from multiple Security Breaches arising from a failure of Computer Security, shall be considered a single Claim for the purposes of this Agreement, irrespective of the number of claimants or Members involved in the Claim. All such Claims shall be deemed to have been made at the time of the first such Claim. E. Claims Expenses means: 1. reasonable and necessary fees charged by an attorney designated pursuant to Clause II., Defense and Settlement of Claims, paragraph A.; 2. all other legal costs and expenses resulting from the investigation, adjustment, defense and appeal of a Claim, suit, or proceeding arising in connection therewith, or circumstance which might lead to a Claim, if Incurred by the Trust, or by the Member with the prior written consent of the Trust; and 3. the premium cost for appeal bonds for covered judgments or bonds to release property used to secure a legal obligation, if required in any Claim against a Member; provided the Trust shall have no obligation to appeal or to obtain bonds. Claims Expenses do not Include any salary, overhead, or other charges by the Member for any time spent in cooperating in the defense and investigation of any Claim or circumstance that might lead to a Claim notified under this Agreement, or costs to comply with any regulatory orders, settlements or judgments. Computer Security means software, computer or network hardware devices, as well as the Member Organization's written information security policies and procedures, the function or purpose of which is to prevent Unauthorized Access or Use, a Denial of Service Attack against Computer Systems, infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems. Computer Security includes anti-virus and intrusion detection software, firewalls and electronic systems that provide access control to Computer Systems through the use of passwords, biometric or similar identification of authorized users. G. Computer Systems means computers and associated input and output devices, data storage devices, networking equipment, and back up facilities: 1. operated by and either owned by or leased to the Member Organization; or 2. systems operated by a third party service provider and used for the purpose of providing hosted computer application services to the Member Organization or for processing, maintaining, hosting or storing the Member Organization's electronic data, pursuant to written contract with the Member Organization for such services. H. Continuity Date means (i) the date stated in the Declarations with respect to the Member and any Subsidiaries acquired before the dale stated in the Declarations; or (ii) with respect to any Subsidiaries acquired after the date stated in the Declarations, the date the Member acquired such Subsidiary. I. Control Group means the individuals holding the following positions in the Member Organization: Mayor and other elected officials and Chief Financial Officer; General Counsel, staff attorneys employed by the Member Organization; Chief Information Officer; Chief Privacy Officer; and any individual in a substantially similar position as those referenced above, or with substantially similar responsibilities as those referenced EMIT PNL 1012 Page 12 of 21 above, irrespective of the exact title of such individual, and any Individual who previously held any of the above referenced positions. J. Covered Media Activities means the display of Media Material on the Member Organization's web site. K. Damages means a monetary judgment, award or settlement; provided that the term Damages shall not include or mean: 1. future profits, wages, restitution, disgorgement of unjust enrichment or profits by a Member, or the costs of complying with orders granting injunctive or equitable relief; 2. return or offset of fees, charges, or commissions charged by or owed to a Member for goods or services already provided or contracted to be provided; 3. any damages which are a multiple of compensatory damages, fines, taxes or loss of tax benefits, sanctions or penalties; 4. punitive or exemplary damages, unless insurable by law in any applicable venue that most favors coverage for such punitive or exemplary damages; 5. discounts, coupons, prizes, awards or other incentives offered to the Member's customers or clients; 6. liquidated damages to the extent that such damages exceed the amount for which the Member would have been liable in the absence of such liquidated damages agreement; 7. fines, costs or other amounts an Member is responsible to pay under a Merchant Services Agreement; or 6. any amounts for which the Member is not liable, or for which there is no legal recourse against the Member. L. Data Asset means any software or electronic data that exists in Computer Systems and that is subject to regular back up procedures, including computer programs, applications, account information, customer information, private or personal information, marketing information, financial information and any other information maintained by the Member Organization in its ordinary course of business. M. Denial of Service Attack means an attack intended by the perpetrator to overwhelm the capacity of a Computer System by sending an excessive volume of electronic data to such Computer System in order to prevent authorized access to such Computer System. N. Loss means Damages, Claims Expenses, Privacy Notification Costs, Penalties and PCI Fines and Costs. O. Malicious Code means any virus, Trojan horse, worm or any other similar software program, code or script intentionally designed to insert itself into computer memory or onto a computer disk and spread itself from one computer to another. P. Manager means a manager of a limited liability company. O. Media Material means any information in electronic form, including words, sounds, numbers, images, or graphics and shall include advertising, video, streaming content, web -casting, online forum, bulletin board and chat room content, but does not mean computer software or the actual goods, products or services described, illustrated or displayed in such Media Material. FMIT PNL 1012 Page 13 of 21 R. Merchant Services Agreement means any agreement between a Member and a financial institution, credit/debit card company, credit/debit card processor or independent service operator enabling a Member to accept credit card, debit card, prepaid card, or other payment cards for payments or donations. S. Member, as used herein means: the designated member, 2. while acting within the scope of his employment, any officer (except constitutional officers), volunteer, servant, or employee of the designated member, including elected and appointed officials, and members of Boards or Commissions. However, the coverage so provided any officer, servant, or employee does not apply to bodily injury to another officer, servant or employee of the designated member injured in the course of and arising out of his employment. The coverage afforded applies separately to each member against whom claim is made or suit is brought, except with respect to the limits of liability of the Trust; and does not apply to bodily injury or property damage or personal injury liability, arising out of the conduct of any partnership or joint venture of which a member is a partner or participant and which is not specified in this Agreement as a designated member. T. Optional Extension Period means the period of time after the end of the Agreement Period for reporting Claims as provided in Clause IX, Optional Extension Period, of this Agreement. U. PCI (Payment Card Industry) Fines and Costs means the direct monetary fines and penalties owed by the Member Organization under the terms of a Merchant Services Agreement, but only where such fines or penalties result both from the Member Organization's actual or alleged noncompliance with published PCI Data Security Standards and from a data breach caused by an incident (or reasonably suspected incident) described in Insuring Agreement I.A.1. or I.A.2.; provided, PCI Fines and Costs shall not include, any charge backs, interchange fees, discount fees, or other service related fees, rates or charges. V. Penalties means: 1. any civil fine or money penalty payable to a governmental entity that was imposed in a Regulatory Proceeding by the Federal Trade Commission, Federal Communications Commission, or any other federal, state, local or foreign governmental entity, in such entity's regulatory or official capacity; the insurability of Penalties shall be in accordance with the law in the applicable venue that most favors coverage for such Penalties; and 2. amounts which the Member is legally obligated to deposit in a fund as equitable relief for the payment of consumer claims due to an adverse judgment or settlement of a Regulatory Proceeding (including such amounts required to be paid into a "Consumer Redress Fund"), but and shall not include payments to charitable organizations or disposition of such funds other than for payment of consumer claims for losses caused by an event covered by Insuring Agreements I.A.1., I.A.2. or I.A.3.; but shall not mean (a) costs to remediate or improve Computer Systems, (b) costs to establish, implement, maintain, improve or remediate security or privacy practices, procedures, programs or policies, (c) audit, assessment, compliance or reporting costs, or (d) costs to protect the confidentiality, integrity and/or security of Personally Identifiable Non -Public Information from theft, loss or disclosure, even if it is in response to a regulatory proceeding or investigation. FMIT PNL 1012 Page 14 of 21 W. Personally Identifiable Non -Public Information means: 1. information concerning the individual that constitutes "nonpublic personal information" as defined in the Gramm -Leach Bliley Act of 1999, as amended, and regulations issued pursuant to the Act; 2. medical or health care information concerning the individual, including "protected health information" as defined in the Health Insurance Portability and Accountability Act of 1996, as amended, and regulations issued pursuant to the Act; 3. information concerning the individual that is defined as private personal information under statutes enacted to protect such information in foreign countries, for Claims subject to the law of such jurisdiction; 4. information concerning the individual that is defined as private personal information under a Breach Notice Law; or 5. the individual's drivers license or state identification number; social security number; unpublished telephone number; and credit, debit or other financial account numbers in combination with associated security codes, access codes, passwords or pins; if such information allows an Individual to be uniquely and reliably identified or contacted or allows access to the individual's financial account or medical record information but does not include publicly available information that is lawfully made available to the general public from government records. X. Agreement Aggregate Limit of Liability means the aggregate Limit of Liability set forth in the Declarations. Y. Agreement Period means the period of time between the inception date shown in the Declarations and the effective date of termination, expiration or cancellation of this Agreement and specifically excludes any Optional Extension Period or any prior Agreement Period or renewal period. Z. Privacy Law means a federal, state or foreign statute or regulation requiring the Member Organization to protect the confidentiality and/or security of Personally Identifiable Non - Public Information. AA. Privacy Policy means the Member Organization's public declaration of its policy for collection, use, disclosure, sharing, dissemination and correction or supplementation of, and access to, Personally Identifiable Non -Public Information. BB. Property Damage means physical injury to or destruction of any tangible property, including the loss of use thereof. CC. Regulatory Proceeding means a request for Information, civil investigative demand, or civil proceeding commenced by service of a complaint or similar proceeding brought by or on behalf of the Federal Trade Commission, Federal Communications Commission, or any federal, state, local or foreign governmental entity in such entity's regulatory or official capacity in connection with such proceeding. DD. Retention means the applicable retention for each Insuring Agreement as specified in the Declarations. EE. Related Party means the Member Organization and any past, present or future employees, directors, officers, Managers, partners or natural person independent contractors of the Member Organization. FMIT PNL 1012 Page 15 of 21 FF. Retroactive Date means the date specified in the Declarations. GG. Security Breach means, Unauthorized Access or Use of Computer Systems, Including Unauthorized Access or Use resulting from the theft of a password from a Computer System or from any Member; 2. a Denial of Service Attack against Computer Systems or Third Party Computer Systems; or 3. infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems, whether any of the foregoing is a specifically targeted attack or a generally distributed attack. A series of continuing Security Breaches, related or repeated Security Breaches, or multiple Security Breaches resulting from a continuing failure of Computer Security shall be considered a single Security Breach and be deemed to have occurred at the time of the first such Security Breach. HH. Third Party Computer Systems means any computer systems that: (1) are not owned, operated or controlled by a Member; and (2) does not include computer systems of a third party on which a Member performs services. Computer systems include associated input and output devices, data storage devices, networking equipment, and back up facilities. II. Third Party Corporate Information means any trade secret, data, design, interpretation, forecast, formula, method, practice, credit or debit card magnetic strip information, process, record, report or other item of information of a third party not insured under this Agreement which is not available to the general public and is provided to the Member subject to a mutually executed written confidentiality agreement or which the Member Organization is legally required to maintain in confidence; however, Third Party Corporate Information shall not include Personally Identifiable Non -Public Information. JJ. Unauthorized Access or Use means the gaining of access to or use of Computer Systems by an unauthorized person or persons or the use of Computer Systems in an unauthorized manner. KK. Unauthorized Disclosure means the disclosure of (including disclosure resulting from phishing) or access to information in a manner that is not authorized by the Member Organization and is without Imowledge of, consent, or acquiescence of any member of the Control Group. VII. LIMIT OF LIABILITY A. The Agreement Aggregate Limit of Liability stated in the Declarations is the Trusts combined total limit of liability for all Loss payable under this Agreement. The limit of liability stated in the Declarations is aggregate limit of liability payable under this Agreement for all Privacy Notification Costs covered under Insuring Agreement I. B. The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Penalties covered under Insuring Agreement I.C. FMIT PNL 1012 Page 16 of 21 The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Damages covered under Insuring Agreement I. D. The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all PCI Fines and Costs covered under Insuring Agreement I.E. The above limit of liability is part of, and not in addition to, the Agreement Aggregate Limit of Liability stated In the Declarations. Neither the inclusion of more than one Member under this Agreement, nor the making of Claims by more than one person or entity shall increase the Limit of Liability. B. The Limit of Liability for the Optional Extension Period shall be part of and not in addition to the Agreement Aggregate Limit of Liability. C. The Trust shall not be obligated to pay any Loss, or to undertake or continue defense of any suit or proceeding, after the Agreement Aggregate Limit of Liability or any other applicable limit of liability set forth in the Declarations has been exhausted by payment of Loss, or after deposit of the Agreement Aggregate Limit of Liability or any other applicable limit of liability In a court of competent jurisdiction. Upon such payment, the Trust shall have the right to withdraw from the further defense of any Claim under this Agreement by tendering control of said defense to the Member. VIII. RETENTION A. The Retention amount set forth in the Declarations applies separately to each incident, event, or related incidents or events, giving rise to a Claim. The Retention shall be satisfied by monetary payments by the Member of Damages, Claims Expenses, or Penalties. B. The Retention amount set forth in the Declarations applies separately to each Incident, event, or related incidents or events, giving rise to an obligation to pay Privacy Notification Costs. The Retention shall be satisfied by monetary payments by the Member of Privacy Notification Costs. C. The Retention amount set forth in the Declarations applies separately with respect to each Claim for one or more of the acts listed in Insuring Agreement I.D. in the course of the Member Organization's performance of any Covered Media Activities, including Claims Expenses. D. The Retention amount set forth in the Declarations applies separately to each Incident, event, or related incidents or events, giving rise to an obligation to pay PCI Fines and Costs. E. Satisfaction of the applicable Retention is a condition precedent to the payment by the Trust of any amounts hereunder, and the Trust shall be liable only for the amounts in excess of such Retention subject to the Trust's total liability not exceeding the Agreement Aggregate Limit of Liability or any applicable Limit of Liability. The Member shall make direct payments within the Retention to appropriate other parties designated by the Trust. IX. OPTIONAL EXTENSION PERIOD A. In the event of the termination of this Agreement for any reason except the non-payment of premium, the Member designated in the Declarations shall have the right, upon payment in full and not proportionally or otherwise in part of the percentage shown in the Declarations of the full Premium set forth below, to have issued an endorsement FMIT PNL 1012 Page 17 of 21 providing an Optional Extension Period for the period of time set forth in the Declarations for Claims first made against any Member and reported to the Trust during the Optional Extension Period, and arising out of any act, error or omission committed on or after the Retroactive Date and before the end of the Agreement Period, subject to the conditions set forth herein. In order for the Member to invoke the Optional Extension Period option, the payment of the additional premium for the Optional Extension Period must be paid to the Trust within thirty (30) days of the termination of this Agreement. If notice of election of the Optional Extension Period and full premium payment is not given to the Trust within such thirty (30) day period, there shall be no right to purchase the Optional Extension Period. B. The Limit of Liability for the Optional Extension Period shall be part of, and not in addition to, the Agreement Aggregate Limit of Liability and the exercise of the Optional Extension Period shall not in any way increase the Agreement Aggregate Limit of Liability or any limit of liability. The Optional Extension Period does not apply to Insuring Agreement I.B. C. The right to the Optional Extension Period shall not be available to the Member where the Agreement premium has not been paid in full, or where cancellation or non -renewal by the Trust is due to non-payment of premium or failure of an Member to pay such amounts in excess of the applicable limit of liability or within the amount of the applicable Retention. D. All notices and premium payments with respect to the Optional Extension Period option shall be directed to the Trust through the entity named in the Declarations. E. At the commencement of the Optional Extension Period the entire premium shall be deemed earned, and in the event the Member terminates the Optional Extension Period for any reason prior to Its natural expiration, the Trust will not be liable to return any premium paid for the Optional Extension Period. X. NOTICE OF CLAIM, LOSS OR CIRCUMSTANCE THAT MIGHT LEAD TO A CLAIM A. If any Claim Is made against the Member, the Member shall give prompt written notice to the Trust through persons named in the Declarations of such Claim In the form of a telecopy, email, or express or certified mail together with every demand, notice, summons or other process received by the Member or the Member's representative. In no event shall such notice to the Trust be later than the end of the Agreement Period, the end of the Optional Extension Period (if applicable), or thirty (30) days after the expiration date of the Agreement Period in the case of Claims first made against the Member during the last thirty (30) days of the Agreement Period. B. With respect to Insuring Agreement I.B. for a legal obligation to comply with a Breach Notice Law because of an incident (or reasonably suspected incident) described in Insuring Agreement I.A.1. or I.A.2., such incident or reasonably suspected incident must be reported promptly during the Agreement Period after discovery by the Member; provided, however, that unless the Member cancels the Agreement, or the Trust cancel for non-payment of premium, incidents discovered by the Member within sixty (60) days prior to expiration of the Agreement shall be reported promptly, but in no event later than sixty (60) days after the end the Agreement Period; provided further, that if this Agreement is renewed by the Trust and covered Privacy Notification Costs are Incurred because of such incident or suspected incident that was discovered by the Member within sixty (60) days prior to the expiration of the Agreement, and first reported during the sixty (60) day post Agreement Period reporting period, then any subsequent Claim arising out of such incident or suspected incident is deemed to have been made during the Agreement Period. C. If during the Agreement Period, the Member first becomes aware of any circumstance that could reasonably be the basis for a Claim it may give written notice to the Trust in the EMIT PNL 1012 Page 18 of 21 form of a telecopy, email or express or certified mail through persons named in the Declarations as soon as practicable during the Agreement Pedod. Such notice must include: 1. the specific details of the act, error, omission, or Security Breach that could reasonably be the basis for a Claim; 2. the injury or damage which may result or has resulted from the circumstance; and 3. the facts by which the Member first became aware of the act, error, or omission or Security Breach. Any subsequent Claim made against the Member arising out of such circumstance which is the subject of the written notice will be deemed to have been made at the time written notice complying with the above requirements was first given to the Trust. An incident or reasonably suspected incident reported to Trust during the Agreement Period and In conformance with Clause XB shall also constitute notice of a circumstance under this Clause X.C. D. A Claim or legal obligation under paragraph A. or B. above shall be considered to be reported to the Trust when written notice is first received by the Trust in the form of a telecopy, email or express or certified mail or email through persons named in the Declarations of the Claim or legal obligation, or of an act, error, or omission, which could reasonably be expected to give rise to a Claim if provided in compliance with paragraph C. above. XI. ASSISTANCE AND COOPERATION A. The Trust shall have the right to make any investigation they deem necessary, and the Member shall cooperate with the Trust in all investigations, including investigations regarding the Application for and coverage under this Agreement. The Member shall execute or cause to be executed all papers and render all assistance as is requested by the Trust. The Member agrees not to take any action which in any way increases the Trust's exposure under this Agreement B. Upon the Trust's request, the Member shall assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Member because of acts, errors or omissions, incidents or events with respect to which insurance is afforded under this Agreement; and the Member shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. C. The Member shall not admit liability, make any payment, assume any obligations, incur any expense, enter into any settlement, stipulate to any judgment or award or dispose of any Claim without the written consent of the Trust, except as specifically provided in Clause II., Defense and Settlement of Claims, paragraph D. Compliance with a Breach Notice Law will not be considered as an admission of liability for purposes of this Clause XI.C. D. Expenses incurred by the Member in assisting and cooperating with the Trust do not constitute Claims Expenses under the Agreement. XII. SUBROGATION If any payment is made under this Agreement and there is available to the Trust any of the Member's rights of recovery against any other party, then the Trust shall maintain all such rights of recovery. The Member shall execute and deliver instruments and papers and do whatever FMIT PNL 1012 Page 19 of 21 else is necessary to secure such rights. The Member shall do nothing after an incident or event giving rise to a Claim or Loss to prejudice such rights. Any recoveries shall be applied first to subrogation expenses, second to Loss paid by the Trust, and lastly to the Retention. Any additional amounts recovered shall be paid to the Member. XIII. OTHER INSURANCE The insurance under this Agreement shall apply in excess of any other valid and collectible insurance available to any Member, including any self insured retention or deductible portion thereof unless such other insurance is written only as specific excess insurance over the Agreement Aggregate Limit of Liability or any other applicable Limit of Liability of this Agreement. XIV. ACTION AGAINST THE TRUST No action shall lie against the Trust or the Trust's representatives unless and until, as a condition precedent thereto, the Member shall have fully complied with all provisions, terms and conditions of this Agreement, and the amount of the Member's obligation to pay shall have been finally determined either by judgment or award against the Member after trial, regulatory proceeding, arbitration or by written agreement of the Member, the claimant, and the Trust. No person or Organization shall have the right under this Agreement to join the Trust as a party to an action or other proceeding against the Member to determine the Member's liability, nor shall the Trust be impleaded by the Member or the Member's legal representative. The Member's bankruptcy or insolvency or of the Member's estate shall not relieve the Trust of their obligations hereunder. XV. ENTIREAGREEMENT By acceptance of the Agreement, all Members agree that this Agreement embodies all agreements between the Trust and the Member relating to this Agreement. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Agreement or stop the Trust from asserting any right under the terms of this Agreement; nor shall the terms of this Agreement be waived or changed, except by endorsement Issued to form a part of this Agreement signed by the Trust. XVI. ASSIGNMENT The interest hereunder of any Member is not assignable. If the Member shall die or be adjudged incompetent, such Agreement shall cover the Member's legal representative as the Member as would be permitted under this Agreement. XVII. SINGULAR FORM OFA WORD Whenever the singular form of a word Is used herein, the same shall include the plural when required by context. XVIII. HEADINGS The titles of paragraphs, sections, provisions or endorsements of or to this Agreement are intended solely for convenience and reference, and are not deemed in any way to limit or expand the provisions to which they relate and are not part of the Agreement. XIX. WARRANTY BY THE MEMBER By acceptance of this Agreement, all Members agree that the statements contained in the Application are their agreements and representations, that they shall be deemed material to the risk assumed by the Trust, and that this Agreement is issued in reliance upon the truth thereof. Furthermore, Member agrees there shall be no coverage under this part until Member delivers an executed declaration (on a form to be provided by the Trust) expressly stating that it has made a good faith consideration of its past and present activities and operations and it has no reasonable FMIT PNL 1012 Page 20 of 21 basis to believe any claim, fact or circumstance exists nor has ever existed which might give rise to coverage under this part. XX. AUTHORIZATION By acceptance of this Agreement, the Member agree that the Member will act on their behalf with respect to the giving and receiving of any notice provided for in this Agreement, the payment of premiums and the receipt of any return premiums that may become due under this Agreement, and the agreement to and acceptance of endorsements. FMIT PNL 1012 Page 21 of 21 FIRST PARTY COMPUTER SECURITY COVERAGE ENDORSEMENT This endorsement modifies the Agreement provided under the following INFORMATION SECURITY & PRIVACY INSURANCE WITH ELECTRONIC MEDIA LIABILITY COVERAGE The General/Professional Liability coverage agreement Declarations is amended to include the following: Clause I., Insuring Agreements, is amended to include: F. Cyber Extortion To indemnify the Member for: Cyber Extortion Loss, in excess of the Retention, incurred by the Member Organization as a direct result of an Extortion Threat first made against the Member Organization during the Agreement Period by a person, other than the Member Organization's employees, directors, officers, principals, trustees, governors, Managers, members, management committee members, members of the management board, partners, contractors, outsourcers, or any person in collusion with any of the foregoing. Coverage under this Insuring Agreement is subject to the applicable conditions and reporting requirements, including those set forth in Clause XXX, Obligations In The Event of an Extortion Threat. G. First Party Data Protection To indemnify the Member for: Data Protection Loss, in excess of the Retention, incurred by the Member Organization as a direct result of: alteration, corruption, destruction, deletion or damage to a Data Asset, or 2. inability to access a Data Asset, that first takes place during the Agreement Period and is directly caused by a failure of Computer Security to prevent a Security Breach; provided that such Security Breach must take place on or after the Retroactive Date and before the end of the Agreement Period. H. First Party Network Business Interruption To indemnify the Member for: Business Interruption Loss, in excess of the applicable Retention, incurred by the Member Organization during the Period of Restoration or the Extended Interruption Period (if applicable) as a direct result of the actual and necessary interruption or suspension of Computer Systems that first takes place during the Agreement Period and is directly caused by a failure of Computer Security to prevent a Security Breach; provided that such Security Breach must first take place on or after the Retroactive Date and before the end of the Agreement Period. Clause V., Exclusions, is amended to include: EXT -A With respect to Insuring Agreements I.F., I.G. and I.H., for, arising out of or resulting from any criminal, dishonest, fraudulent, or malicious act, error or omission, any Security Breach, Extortion Threat, or intentional or knowing violation of the law, if committed by FMIT PNLX 1012 Page 1 of 10 any member of the Control Group or any person in participation or collusion with any member of the Control Group; EXT—B With respect to Insuring Agreements I.G. and I.H., arising out of or resulting from: 1. any failure or malfunction of electdcal or telecommunications infrastructure or services, provided that this exclusion shall not apply to any otherwise covered Claim or Loss arising out of failure of Computer Security to prevent a Security Breach that was solely caused by a failure or malfunction of telecommunications infrastructure or services under the Member Organization's direct operational control; 2. fire, flood, earthquake, volcanic eruption, explosion, lighting, wind, hail, tidal wave, landslide, act of God or other physical event; or 3. any satellite failures; EXT—CWlth respect to Insuring Agreement I.F., adsing out of or resulting from: any threat to physically harm or kidnap any person; or 2. any threat to harm, take, or transfer property other than any Data Asset, even if such threat is made in conjunction with a threat to a Data Asset or by carrying out such threat to, harm, theft, or transfer, a Data Asset may be damaged, corrupted, altered, taken, disseminated or transferred, or EXT—D Arising out of or resulting from any seizure, nationalization, confiscation, or destruction of Computer Systems or Data Assets by order of any governmental or public authority. 3. Clause VI., Definitions, paragraphs F., G. and N. are hereby deleted in their entirety and replaced by: Computer Security means software, computer or network hardware devices, the function or purpose of which is to prevent Unauthorized Access or Use, a Denial of Service Attack against Computer Systems, infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems. Computer Security includes antivirus and intrusion detection software, firewalls and electronic systems that provide access control to Computer Systems through the use of passwords, biometric or similar identification of authorized users. With respect to Insuring Agreements I.A., I.B., and I.C. only, Computer Security also means the Member Organization's written information security policies and procedures, the function or purpose of which is to prevent Unauthorized Access or Use, a Denial of Service Attack against Computer Systems, infection of Computer Systems by Malicious Code or transmission of Malicious Code from Computer Systems. G. Computer Systems means computers and associated input and output devices, data storage devices, networking equipment, and back up facilities: 1. operated by and either owned by or leased to the Member Organization; 2. operated by a third party service provider and used for the purpose of providing hosted computer application services to the Member Organization or for processing, maintaining, hosting or storing the Member Organization's electronic data, pursuant to written contract with the Member Organization for such services; and 3. with respect to Insuring Agreement I.H. only, operated by a third party service provider and used for the purpose of providing hosted computer application services to the Member Organization or for processing, maintaining, hosting or storing the Member Organization's electronic data, pursuant to written contract FMIT PNLX 1012 Page 2 of 10 with the Member Organization for such services, provided such coverage is subject to the limit of liability set forth in the Declarations. N. Loss means Damages, Claims Expenses, Privacy Notification Costs, PCI Fines and Costs, Cyber Extortion Loss, Business Interruption Loss, Data Protection Loss and Penalties. 4. Clause VI., Definitions, is amended to include: FPGA Business Interruption Loss means the total of: 1. Income Loss and Extra Expense during the Period of Restoration; and 2. Extended Income Loss if the Income Loss during the Period of Restoration is in excess of the applicable Retention. Provided that Business Interruption Loss shall not mean and Insuring Agreement I.G. shall not cover any of the following: Loss arising out of any liability to any third party for whatever reason; legal costs or legal expenses of any type; Loss incurred as a result of unfavorable business conditions, loss of market or any other consequential loss; or costs or expenses the Member Organization incurs to identify and remove software program errors or vulnerabilities. All Business Interruption Loss resulting from multiple covered interruptions or suspensions of Computer Systems that arise out of the same or a continuing Security Breach, from related or repeated Security Breaches, or from multiple Security Breaches resulting from a failure of Computer Security shall be deemed to be a single Business Interruption Loss; provided, however, that a separate Waiting Period shall apply to each Period of Restoration. FPC -B Cyber Extortion Loss means: 1. any Extortion Payment that has been made under duress by or on behalf of the Member Organization with Trusts prior written consent, but solely to prevent or terminate an Extortion Threat and in an amount that does not exceed the covered Damages and Claims Expenses that would have been incurred had the Extortion Payment not been paid; 2. an otherwise covered Extortion Payment that is lost in transit by actual destruction, disappearance or wrongful abstraction while being conveyed by any person authorized by or on behalf of the Member Organization to make such conveyance;and 3. fees and expenses paid by or on behalf of the Member Organization for security consultants retained with Trust prior written approval, but solely to prevent or terminate an Extortion Threat. FPC -C Data Protection Loss means: with respect to any Data Asset that is altered, corrupted, destroyed, deleted or damaged the actual, reasonable and necessary costs and expenses incurred by the Member Organization to restore a Data Asset from back-ups or from originals or to gather, assemble and recollect such Data Asset from other sources to the level or condition in which it existed Immediately prior to its alteration, corruption, destruction, deletion or damage; or with respect to any Data Asset that the Member Organization is unable to access, the lesser of the actual, reasonable and necessary costs and expenses incurred by the Member Organization to: FMIT PNLX 1012 Page 3 of 10 (a) regain access to such Data Asset; or (b) restore such Data Asset from back-ups or originals or gather, assemble and recollect such Data Asset from other sources, to the level or condition in which it existed immediately prior to the Member Organization's inability to access it; Provided that if such Data Asset cannot reasonably be accessed, restored, gathered, assembled or recollected, then Data Protection Loss means the actual, reasonable and necessary costs and expenses incurred by the Member Organization to reach this determination. Provided further that Data Protection Loss shall not exceed, and shall not mean, any amount in excess of the amount by which the net profit before income taxes of the Member Organization would have decreased had the Member Organization failed to restore, gather, assemble or recollect as set forth in sub -paragraphs FPC -C.1. and FPC - C.2. above. A Data Protection Loss will be deemed to occur at the time such alteration, corruption, destruction, deletion or damage to or inability to access a Data Asset is first discovered by the Member. All Data Protection Loss that arises out of the same or a continuing Security Breach, from related or repeated Security Breaches, or from multiple Security Breaches resulting from a failure of Computer Security shall be deemed to be a single Data Protection Loss. Data Protection Loss shall not mean, and there shall be no coverage under Insuring Agreement I.G. for: 1. costs or expenses incurred by the Member Organization to Identify or remediate software program errors or vulnerabilities or update, replace, restore, gather, assemble, reproduce, recollect or enhance a Data Asset or Computer Systems to a level beyond that which existed prior to the alteration, corruption, destruction, deletion or damage of such Data Asset; 2. costs or expenses to research or develop any Data Asset, including but not limited to trade secrets or other proprietary information; 3. the monetary value of profits, royalties, or lost market share related to a Data Asset, Including but not limited to trade secrets or other proprietary information or any other amount pertaining to the value of the Data Asset; 4. loss arising out of any liability to any third party for whatever reason; or 5. legal costs or legal expenses of any type. FPC -D Dependent Business means any third party service provider that provides hosted computer application services to the Member Organization or processes, maintains, hosts or stores the Member Organization's electronic data, pursuant to written contract with the Member Organization for such services, FPC -E Extended Income Loss means the Income Loss during the Extended Interruption Period, FPC -F Extended Interruption Period means the period of time that: 1. begins on the date and time that the Period of Restoration ends; and 2. terminates on the date and time the Member restores, or would have restored if the Member had exercised due diligence and dispatch, the net profit before income taxes that would have been earned by the Member directly through its FMIT PNLX 1012 Page 4 of 10 business operations had the actual and necessary interruption or suspension of Computer Systems not occurred; provided that in no event shall the Extended Interruption Period mean more than or exceed thirty (30) days. FPC -G Extortion Payment means cash, marketable goods or services demanded to prevent or terminate an Extortion Threat. FPC -H Extortion Threat means a threat to breach Computer Security in order to: 1. alter, destroy, damage, delete or corrupt any Data Asset; 2. prevent access to Computer Systems or a Data Asset, including a Denial of Service Attack or encrypting a Data Asset and withholding the decryption key for such Data Asset; 3. perpetrate a theft or misuse of a Data Asset on Computer Systems through external access; 4. introduce Malicious Code into Computer Systems or to third party computers and systems from Computer Systems; or 5. interrupt or suspend Computer Systems; unless an Extortion Payment is received from or on behalf of the Member Organization. Multiple related or continuing Extortion Threats shall be considered a single Extortion Threat for purposes of this Agreement and shall be deemed to have occurred at the time of the first such Extortion Threat. FPC -I Extra Expense means: reasonable and necessary expenses that are incurred by the Member Organization during the Period of Restoration to minimize, reduce or avoid an Income Loss, provided: (a) that such expenses are over and above those the Member Organization would have incurred had no interruption or suspension of the Computer Systems occurred; and (b) do not exceed the amount by which the Income Loss in excess of the Retention and covered under this Agreement is thereby reduced; and 2. Forensic Expenses, subject to the limit set forth in the Declarations; provided that Extra Expense shall not mean, and there shall be no coverage under Insuring Agreement I.H. for expenses incurred by the Member to update, upgrade, enhance or replace Computer Systems to a level beyond that which existed prior to the actual and necessary interruption or suspension of Computer Systems; or the costs and expenses Incurred by the Member Organization to restore, reproduce, or regain access to any Data Asset that was altered, corrupted, destroyed, deleted, damaged or rendered inaccessible as a result of the failure of Computer Security to prevent a Security Breach. FPC -J Forensic Expenses means reasonable and necessary expenses incurred by the Member Organization to investigate the source or cause of the failure of Computer Security to prevent a Security Breach. FMIT PNLX 1012 Page 5 of 10 FPC -K Income Loss means: 1. the net profit before income taxes that the Member Organization is prevented from earning through its business operations or the net loss before income taxes that the Member Organization is unable to avoid through its business operations as a direct result of the actual and necessary interruption or suspension of Computer Systems; and 2. fixed operating expenses incurred by the Member Organization (including payroll), but only to the extent that a. such operating expenses must necessarily continue during the Period of Restoration (or Extended Interruption Period, if applicable); and b. such expenses would have been incurred by the Member Organization had such interruption or suspension not occurred. Income Loss shall be reduced to the extent the Member or Dependent Business (if applicable) is able, with reasonable dispatch and due diligence, to reduce or limit such interruption or suspension of Computer Systems or conduct its business operations by other means. In determining Income Loss, due consideration shall be given to the prior experience of the Member Organization's business operations before the beginning of the Period of Restoration and to the probable business operations the Member Organization could have performed had no actual and necessary interruption or suspension occurred as result of a failure of Computer Security to prevent a Security Breach. Income Loss will be calculated on an hourly basis based on the Member Organization's net profit (or loss) and fixed operating expenses as set forth above. FPC -L Period of Restoration means the time period that: begins on the specific date and time that the actual and necessary interruption or suspension of Computer Systems first occurred; and 2. ends on the specific dale and time that the actual and necessary interruption or suspension of Computer Systems ends, or would have ended had the Member or Dependent Business (if applicable) acted with due diligence and dispatch; provided that in no event shall the Period of Restoration mean more than or exceed thirty (30) days; and provided further that restoration of Computer Systems will not end the Period of Restoration if such systems are actually and necessarily interrupted or suspended again within one hour of such restoration due to the same cause as the original Interruption or suspension. FPC -M Waiting Period means the period of time beginning when the Period of Restoration begins and expiring after the elapse of the number of hours set forth in the Declarations. A Waiting Period shall apply to each Period of Restoration. 5. Clause VII., Limit of Liability, paragraph A. is deleted and replaced as follows: A. The Agreement Aggregate Limit of Liability stated in the Declarations is the Trust's combined total limit of liability for all Loss payable under this Agreement for all coverages combined. The limit of liability stated in the Declarations is the aggregate limit of liability payable under this Agreement for all Privacy Notification Costs covered under Insuring Agreement I.B. The limit of liability stated in Item 4.C. is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Penalties covered under Insuring Agreement I.C. FMIT PNLX 1012 Page 6 of 10 The limit of liability stated in Item 4.D. is the aggregate limit of liability payable under this Agreement for all Claims Expenses and Damages covered under Insuring Agreement I.D. The limit of liability stated in Item 4.E. is the aggregate limit of liability payable under this Agreement for all PCI Fines and Costs covered under Insuring Agreement I.E. The limit of liability stated in Item 4.F, is the aggregate limit of liability payable under this Agreement for all Cyber Extortion Loss covered under Insuring Agreement I.F. The limit of liability stated in Item 4.G. is the aggregate limit of liability payable under this Agreement for all Data Protection Loss and Business Interruption Loss covered under Insuring Agreements I.G. and I.H. The above limits of liability are part of, and not in addition to, the overall Agreement Aggregate Limit of Liability. 6. Clause VII., Limit of Liability, is modified to add the following at the end thereof: D. With respect to Insuring Agreement I.H., the most the Trust will pay for: 1. covered Income Loss per hour is the amount set forth in the Declarations for Insuring Agreement I.H. as the "Hourly limit'; 2. the Agreement Period for all covered Forensic Expenses is the amount set forth in the Declarations for Insuring Agreement I.H. as "Forensic Expense limit'; and the Agreement Period for all covered Business Interruption Loss arising out of Computer Systems operated by Dependent Businesses, is the amount set forth in the Declarations for Insuring Agreement I.H. as "Dependent Business Interruption limit'. Clause VIII., Retention, is amended to add the following at the end thereof: E. The Retention set forth in the Declarations applies separately to each Extortion Threat. The Retention shall be satisfied by monetary payments by the Member of covered Cyber Extortion Loss. F. With respect to Insuring Agreement I.G., the Retention amount set forth in the Declarations applies separately to each Security Breach. The Retention shall be satisfied by monetary payments by the Member of covered Data Protection Loss. G. With respect to Insuring Agreement I.H., the Retention set forth in the Declarations applies separately to each Security Breach. The Retention shall be satisfied by covered Business Interruption Loss retained by the Member Organization. The Retention for Insuring Agreement I.H. shall be as follows: 1. with respect to covered Income Loss, the Retention shall be the greater of: (a) the Loss amount set forth in the Declarations, less the amount of any payments within the Retention for covered Loss under Insuring Agreement I.G. made in accordance with Clause VIII., Retention, paragraph A.; or (b) the amount of Income Loss during the Waiting Period; and 2. with respect to Extra Expense, the Retention shall be USD 50,000, provided that the Retention for Extra Expense shall be reduced on a dollar -for -dollar basis (up FMIT PNLX 1012 Page 7 of 10 to USD 50,000) by the amount of covered Income Loss in excess of the applicable Income Loss Retention. 8. Clause X., Notice of Claim, Loss or Circumstance That Might Lead to a Claim, is modified to add the following at the end thereof: E. With respect to Insuring Agreement I.F., in the event of an Extortion Threat to which this Agreement applies, the Member Organization shall notify Trust by contacting the persons specified in the Declarations by telephone immediately upon receipt of any Extortion Threat, and shall thereafter also provide written notice by telecopy or express mail within five (5) days following the Extortion Threat. F. With respect to Insuring Agreement I.G., the Member must forward written notice by express mail or telecopy to the Trust through persons named in the Declarations immediately upon discovery of alteration, corruption, destruction, deletion or damage to or inability to access a Data Asset to which this Agreement applies; provided that all covered Data Protection Loss must be discovered and reported (in accordance with Clause XXVIII., Proof and Appraisal of Loss) to the Trust no later than six months after the end of the Agreement Period. G. With respect to Insuring Agreement I.H., the Member shall forward immediately to the Trust through persons named in the Declarations, written notice of the Interruption or suspension of Computer Systems to which this Agreement applies in the form of a telecopy or express mail. Such notice must be provided during the Agreement Period, or no later than ten (10) days after the end of the Agreement Period for interruptions or suspensions occurring within ten (10) days of the end of the Agreement Period; provided, all covered Business Interruption Loss must be reported to the Trust (in accordance with Clause XXVIII., Proof and Appraisal of Loss) no later than six (6) months after the end of the Agreement Period. The following Clauses XXVIII., XXIX and XXX are added to the Agreement: XXVIII. PROOF AND APPRAISAL OF LOSS A. Proof of Loss. With respect to Insuring Agreements I.G. and I.H., before coverage will apply, the Member must: prepare and submit to the persons named in the Declarations a written and detailed proof of loss sworn by an officer of the Member within ninety (90) days after the Member discovers a Data Protection Loss or the Member Organization sustains a Business Interruption Loss (as applicable), but in no event later than six (6) months following the end of the Agreement Period (unless such period has been extended by Trust's written consent). Such proof of loss shall include a narrative with full particulars of such Data Protection Loss or Business Interruption Loss, including, the time, place and cause of the Data Protection Loss or Business Interruption Loss, a detailed calculation of any Data Protection Loss or Business Interruption Loss, the Member Organization's interest and the interest of all others in the property, the sound value thereof and the amount of Data Protection Loss or Business Interruption Loss or damage thereto and all other Insurance thereon; and 2. upon the Trust's request, submit to an examination under oath and provide copies of the underlying documents, data and materials that reasonably relate to or are part of the basis of the claim for such Data Protection Loss or Business Interruption Loss. FMIT PNLX 1012 Page 8 of 10 The costs and expenses of preparing and submitting a proof of loss, and establishing or proving Data Protection Loss, Business Interruption Loss or any other Loss under this Agreement shall be the Member's obligation, and are not covered under this Agreement. B. Appraisal of Loss. If the Member and the Trust do not agree on the amount of a Loss, each party shall select and pay an appraiser or other qualified expert (the "Appraiser") to state the amount of the loss or reasonable expenses, and the Appraisers shall choose an umpire. If the Appraisers cannot agree on an umpire, the Member or the Trust may request a judge of a court having jurisdiction to make the selection. Each Appraiser shall submit the amount of the Loss or reasonable expenses to the umpire, and agreement by the umpire and at least one of the Appraisers as to the amount of a Loss shall be binding on all Members and the Trust. The Member and the Trust will equally share the costs of the umpire and any other costs other than the cost of the Appraisers. This provision shall govern only the appraisal of the amount of a Loss, and shall not control the determination of whether such Loss is otherwise covered by the Agreement. The Trust will still retain and does not waive their rights to deny coverage or enforce any obligation under this Agreement XXIX. RECOVERED PROPERTY If the Member or the Trust recovers any property, money or Data Assets after a loss payment is made, the party making the recovery must give prompt notice of the recovery to the other party. If the recovered property is money or other funds, the recovery shall be applied first to any costs incurred by the Trust In recovering the property, second to loss payments made by the Trust, and third to any Retention payment made by the Member. If property other than money or funds is recovered, then the Member may keep the recovered property and return the loss payment, plus the any costs of recovery incurred by the Trust, or keep the loss payment less the costs of recovery Incurred by the Trust and transfer all rights in the property to the Trust. XXX. OBLIGATIONS IN THE EVENT OF AN EXTORTION THREAT A. Member's Duty of Confidentiality The Member shall use its best efforts at all times to ensure that knowledge regarding the existence of this insurance for Cyber Extortion Loss afforded by this Agreement is kept confidential. The Trust may terminate the insurance provided by this Agreement for Cyber Extortion Loss upon ten (10) days written notice to the Member if the existence of insurance for Cyber Extortion Loss provided by this Agreement becomes public knowledge or is revealed to a person making an Extortion Threat through no fault of the Trust. B. Member Organization's Obligation to Investigate Extortion Threat and Avoid or Limit Extortion Payment Prior to the payment of any Extortion Payment, the Member Organization shall make every reasonable effort to determine that the Extortion Threat is not a hoax, or otherwise not credible. The Member Organization shall take all steps reasonable and practical to avoid or limit the payment of an Extortion Payment. C. Conditions Precedent As conditions precedent to this insurance for Cyber Extortion Loss under the terms of this Agreement: 1. Member's Obligation to Demonstrate Duress EMIT PNLX 1012 Page 9 of 10 The Member Organization must be able to demonstrate that the Extortion Payment was surrendered under duress. 2. Notification of Police The Member Organization shall allow the Trust or their representative to notify the police or other responsible law enforcement authorities of any Extortion Threat. All other terms and conditions of this Agreement remain unchanged. Authorized Representative FMIT PNLX 1012 Page 10 of 10 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY CRISIS INTERVENTION EXPENSE ENDORSEMENT Subject to an annual aggregate limit of $25,000, the Trust will reimburse incurred expenses for the following crisis intervention services for a Member when a Crisis occurs: (1) On-site Crisis and grief counseling for employees or officials of Member who have undergone a Personal Crisis for a period of one (1) week after the Crisis occurs. (2) 24 -hours a day, 7 -days a week Crisis hotline for a period of up to three (3) months after the Crisis occurs. (3) Crisis follow-up and relapse prevention services for those employees or officials of Member on an as needed basis by a licensed professional for a period of up to three (3) months after the Crisis occurs. (4) A public relations specialist to assist in handling Crisis related external communications with electronic, print, television and/or radio media for up to thirty (30) days after the Crisis occurs. For purposes of this endorsement only: Crisis occurs when an event resulting in loss of life or serious injury to others causes Member employees or officials to suffer a Personal Crisis. The event causing the Personal Crisis must arise during the discharge of duties by the employee or official on behalf of Member. Personal Crisis means an acute response to an event wherein homeostasis is disrupted, and one's usual coping mechanisms have failed, and there is evidence of significant stress or functional impairment as diagnosed by a licensed physician. The coverage provided by this endorsement shall be secondary to a Members employee assistance program or other employee benefit plan that provides crisis intervention or recovery services. FMIT CIE 1011 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SEWERLINE BACKUP AND INITIAL CLEANUP EXPENSE I. The Coverage Agreement is amended to include the following additional coverage. The Trust will pay for property damage expenses caused by sewedine back up from a sewedine owned and operated by the Member, where the Trust determines the activities or operations on the sewedine by the Member caused the backup The backup must occur on premises not owned or rented by the Member. Payments by the Trust hereunder shall be limited to initial property damage clean up expenses only and shall not apply to any other loss, bodily injury or damage to property as a result of sewedine backup. The maximum payment for sewedine cleanup expense in any Trust Year is $100,000.00. FMIT SBU 1011 Page 1 of 1